The plan addresses the first phase of reopening to begin on May 1 with healthcare providers; continues with the May 4 reopening of manufacturing, construction, and distribution businesses, as well as general office environments; and concludes with the May 12 reopening of retail businesses. All businesses must follow strict guidelines for reopening. These guidelines will also apply to those businesses that have remained open as essential businesses pursuant to prior orders. A number of businesses remain closed with no set date of reopening, including restaurants, gyms, and personal appearance and beauty businesses.

In his news conference addressing reopening the Ohio economy, the governor stressed that the April 2, 2020 Stay at Home Order, which closed all non-essential businesses and required all residents to stay at home except for essential activities, remains in place subject to the lifting of certain restrictions per the reopening plan. As such, gatherings remain limited to no more than 10 people and individuals are strongly encouraged to stay at home and continue to work at home whenever possible. The governor did not provide a timeline for the second phase of reopening nor did he commit to the types of businesses that we can expect to reopen after May 12. 

Ohio has previously announced that all K-12 schools will remain closed through the end of the year. The governor remarked that it is too soon to discuss reopening of camps and daycares. As such, employers should continue to be aware that employees may have childcare challenges even as Ohio begins the process of reopening its economy. 

Below are summaries of the guidance for the businesses addressed in the first phase of reopening. The governor’s executive order and/or an amended Stay at Home Order regarding this reopening plan is expected later this week. This alert will be updated with additional information when it is available. 

General Guidelines

The plan includes five mandatory protocols for all businesses to follow as employees return to work.

1. Recommend face coverings for employees and clients/customers.
2. Conduct daily health assessments by employers and employees (self-evaluation) to determine if “fit for duty.”  Employees’ daily self-assessments should include taking one’s temperature to monitor for fever and watching for coughing and/or shortness of breath.
3. Maintain good hygiene at all times - hand washing and social distancing.
4. Clean and sanitize workplaces throughout the workday and at the close of business or between shifts.
5. Limit capacity to meet social distancing guidelines.

      a. Establish maximum capacity at 50% of fire close.

      b. Use appointment setting where possible to limit congestion.

The plan further provides both “mandatory requirements” and “recommended best practices” for each category of businesses reopening in the first phase (other than healthcare).

Healthcare Providers

On May 1, all healthcare providers can reopen. Also on that date, healthcare providers can restart any health procedures that can be done without an overnight stay in a healthcare facility or do not require inpatient hospital admission. This includes regular doctor visits, well-care checks, well-baby visits, out-patient surgeries, imaging procedures, and diagnostic tests. Healthcare providers and facilities that plan to resume providing these services must adhere to infection control practices, have sufficient PPE, and talk with patients about the risk of contracting COVID-19.

Healthcare providers can continue to provide necessary medical procedures that may require a hospital stay as these types of procedures have always been allowed. This includes surgeries and procedures that, if not performed, would cause a threat to a patient’s life, a threat of the spread of cancer or the permanent dysfunction of a limb or organ, the presence of severe symptoms causing an inability to perform activities of daily living, and/or the risk of rapidly worsening symptoms.

Dentists and veterinarians can reopen on May 1 if a safe environment can be established.

Manufacturing, Distribution and Construction

On May 4, all manufacturing, distribution, and construction businesses that have not remained opened will be allowed to reopen if they follow certain guidelines. In addition to the mandatory protocols listed above, mandatory requirements for manufacturing, distribution, and construction businesses include:

• Ensure minimum of 6 feet between employees, distributors, and guests, as well as between physical spaces/workstations and, if not possible, install barriers.
• Personnel should work from home if possible.
• Require employees to stay home if symptomatic.
• Change shift patterns or stagger lunch and break times, as well as disinfect desks and work stations on a daily basis.
• For confirmed cases, employers should immediately isolate and seek medical care for any individual who develops systems while at work. Businesses should contact the local health district about suspected cases or exposures. They should also shut down the shop/floor for deep sanitation if possible.

Among the recommended “best practices” are splitting into sub-teams with limited contact across the sub-teams and daily deep disinfection of the entire facility. The governor also recommends providing a stipend to employees for private transportation, but does not provide any details to elaborate.

General Office Environments

On May 4, all offices that have not remained open will be allowed to reopen if they follow certain guidelines. The governor encourages businesses to allow office workers who are able to work from home to continue to do so. In addition to the mandatory protocols listed above, mandatory requirements for general office environments include:

• Ensure minimum of 6 feet between employees and guests, as well as between physical spaces/workstations and, if not possible, install barriers.
• Personnel should work from home whenever possible and feasible with business operations.
• Require employees to stay home if symptomatic.
• Reduce sharing of work materials.
• Stagger arrival of all employees and guests.
• Limit travel as much as possible.
• Post signage of health safety guidelines in common areas.
• No buffet in cafeteria.
• Frequently disinfect desks, workstations, and high-contact surfaces.
• Cancel or postpone in person events when social distancing guidelines cannot be met.
• For confirmed cases, employers should immediately isolate and seek medical care for any individual who develops systems while at work. Businesses should contact the local health district about suspected cases or exposures. They should also shut down the shop/floor for deep sanitation if possible.

Among the recommended “best practices” are ensuring seating distances of 6 feet or more (including redesigning workstations), conducting a health questionnaire for symptoms at entry, following the temperature taking protocol at work, closing cafeterias and gathering spaces if possible, dividing essential staff into groups and establishing rotating shifts, ensuring an availability of at least three weeks of cleaning supplies, and limiting congregation in office spaces. 

Consumer, Retail and Services

On May 12, all consumer, retail, and services businesses that have not remained open will be allowed to reopen if they follow certain guidelines. In addition to the mandatory protocols listed above, mandatory requirements for consumer, retail, and services businesses include:

• Ensure minimum of 6 feet between employees, as well as between physical spaces/workstations and, if not possible, install barriers.
• Employees should perform daily self-assessments, including taking one’s temperature and watching for coughing or trouble breathing.
• Require employees to stay home if symptomatic.
• Clean high-touch items after each use (e.g., carts, baskets).
• Ensure minimum of 6 feet between customers and guests.
• Specify hours for at-risk populations.
• Ask customers and guests not to enter if symptomatic.
• Stagger entry of customers and guests.
• Discontinue self-service food stations and do not reopen food courts.
• For confirmed cases, employers should immediately isolate and seek medical care for any individual who develops systems while at work. Businesses should contact the local health district about suspected cases or exposures. They should also shut down the shop/floor for deep sanitation if possible.

Among the recommended “best practices” are to have employees, customers, and guests wear face coverings, group employees by shifts to reduce exposure, provide a health questionnaire to customers/guests at the entry point and provide face coverings at entry, increase availability for delivery and curbside pickup, use contact-less payments where possible, and close once a week for deep cleaning.

Conclusion

Some of these guidelines and recommendations are less than precise and will require employers to use their best judgment. We will update this alert with any additional guidance and/or clarity provided by the expected order from the governor. For requirements that are applicable “if possible,” employers may need to investigate alternate solutions.

Further guidance can be accessed on the Ohio Department of Health Coronavirus (COVID-19) resource page. Benesch will continue to monitor the rapidly developing COVID-19 situation.