Massachusetts’ Phased Re-Opening: What Employers Need to Know

May 20, 2020

On May 18, 2020, Governor Baker issued the Reopening Massachusetts Report, which describes the four phases for re-opening Massachusetts’ workplaces and public spaces. In addition, Gov. Baker has issued mandatory safety standards for all workplaces together with supplemental industry-specific guidance, and has established a required workplace self-certification process prior to reopening. Relevant information for businesses and organizations impacted by Phase One of Massachusetts’ reopening is summarized below. 

Which workplaces may reopen?

As detailed in the Report, reopening will occur in four phases, in an effort to prevent a resurgence of COVID-19. Each phase will last at least three weeks and possibly longer, depending on available public health data.  

During Phase One, the following types of workplaces may reopen, often in a limited capacity (see below), and subject to their compliance with mandatory safety standards described below: 

May 18, 2020

  • Places of worship; 

  • Manufacturing;

  • Construction; and

  • Hospitals and community health centers that attest to meeting certain capacity criteria and public health and safety standards may resume providing high priority preventative care, pediatric care, and treatment for high risk patients and conditions. Attestation forms and additional information regarding reopening requirements for health care centers are available here.

May 25, 2020

  • Laboratory and life sciences facilities;

  • Office spaces (located outside of Boston);

  • Limited personal services (hair salons and barbershops, pet grooming, car washes);

  • Limited retail services (for curbside pick-up and delivery);

  • Certain recreational and outdoor spaces (beaches, parks, drive-in theaters, etc.); and

  • Other health care providers who attest to meeting certain capacity criteria and public health and safety standards may provide high priority preventative care, pediatric care, and treatment for high risk patients and conditions. Attestation forms and additional information regarding reopening requirements for health care centers are available here.

June 1, 2020

  • Office spaces (located within Boston).

Although the workplaces listed above may reopen, they are not required to do so, and in fact, Governor Baker strongly encouraged that those who can work from home continue to do so. Additional workplaces will be allowed to reopen as the Commonwealth enters Phases Two to Four. 

What safety precautions are required for reopening workplaces?

Before reopening, workplaces must meet the following safety requirements:

1) Implement Mandatory Safety Standards for Workplaces (required for all workplaces open during Phase One)

  • Establish protocols to ensure that employees can practice adequate social distancing. All persons, including employees, customers, and vendors should remain at least six feet apart to the greatest extent possible.

  • Provide signage for safe social distancing.

  • Require face coverings or masks for all employees.

  • Provide hand washing capabilities throughout the workplace and ensure frequent hand washing by employees and adequate supplies to do so.

  • Provide training for employees regarding social distancing and hygiene protocols.

  • Forbid employees who are displaying COVID-19 symptoms from reporting to work.

  • Establish a plan for employees who become ill from COVID-19 at work, and a return-to-work plan.

  • Establish and maintain cleaning protocols specific to the business and disinfect all common surfaces at appropriate intervals. High touch areas, such as workstations, equipment, screens, doorknobs, and restrooms must be regularly sanitized, and cleaning and disinfecting must also be performed when an employee working onsite is diagnosed with COVID-19.

2) Implement Sector-Specific Protocols

To supplement the general safety requirements described above, Gov. Baker’s administration has also released industry-specific safety guidelines for: construction, manufacturing, places of worship, office spaces, laboratories, hair salons and barbershops, car washes, pet grooming, outdoor recreational businesses and activities, and health and human services. 

These guidelines expand upon the mandatory safety standards and establish more specific restrictions appropriate to particular industries. For example, among other restrictions, offices must:

  • Limit their capacity to no more than 25% of (i) the building’s certificate of occupancy; or (ii) the business or organization’s typical occupancy as of March 1, 2020. Businesses and other organizations may exceed this maximum occupancy level based on a demonstrated need for relief based on public health or public safety considerations or where strict compliance may interfere with the continued delivery of critical services.

  • Ensure separation of six feet or more between individuals, unless this creates a safety hazard due to the nature of the work or the configuration of the workspace, by closing or reconfiguring common areas, establishing partitions between workspaces that cannot be separated, etc.

  • Limit meeting sizes and the use of confined spaces (elevators, vehicles, etc.) by more than one person at a time. 

  • Require at least daily cleaning and sanitation of all high-touch areas such as workstations, door handles, and restrooms.

  • Avoid sharing use of office materials / equipment or disinfect equipment between use (e.g., telephones, fax machines). 

  • Establish and communicate a worksite-specific COVID-19 prevention plan that includes: contact information for local health authorities, regular evaluation of all workspaces to ensure compliance with federal, state, and local guidelines, and an isolation, contact tracing, and communication plan if a worker is diagnosed with COVID-19, or comes into close contact (within six feet for 10 minutes or more) with someone diagnosed with COVID-19. 

  • Continue to telework, if feasible.

The guidance for office spaces also encourages workplaces to stagger work schedules and improve ventilation for enclosed spaces where possible (e.g., open doors and windows).

Additional industry guidance is forthcoming.

3) Complete mandatory self-certification 

  • Before reopening, workplaces must develop a written COVID-19 Control Plan outlining how it will prevent the spread of COVID-19. This requirement can be fulfilled using a template available here. This plan does not need to be submitted for approval, rather it must be retained at the workplace.

  • Workplaces must also sign and hang a poster attesting that they have completed a COVID-19 Control Plan in an area visible to employees and visitors on its premises. This poster is available here. 

  • Workplaces are also required to post signs and posters for both employers and workers describing the rules for maintaining social distancing, hygiene protocols, and cleaning and disinfecting procedures. 

Workplaces that are designated as essential may remain open but must complete these steps by May 25, 2020.

My workplace is not included in Phase One. When will I be able to reopen?

Under the current plan, the following types of workplaces may reopen in the following Phases (subject to their compliance with mandatory safety standards and additional restrictions):

Phase 2

  • Retail

  • Restaurants

  • Lodging

  • Additional personal services (e.g., day spas, nail salons, etc.)

  • Campgrounds

  • Playgrounds

  • Recreational day camps

  • Public & community pools

  • Athletic fields and courts 

  • Youth sports in limited fashion

  • Expand available health and human services to in-person routine care (e.g., routine dental cleanings and certain elective procedures) and day programs (e.g., adult day health, day habilitation, etc.)

Phase 3

  • Bars

  • Arts and entertainment (e.g., casinos, gyms, museums, movie theaters)

  • Youth sports with games and tournaments (limited crowd sizes)

  • Residential camps

  • All other business activities (excluding nightclubs and large venues)

Phase 4

  • Full resumption of business activities (including nightclubs and large venues)

  • Full resumption of outdoor recreation and activities

Additional information regarding the proposed reopening schedule for various workplaces and outdoor and recreational activities is available here. The Report also provided the following information regarding childcare, youth programs, and educational institutions.

Childcare and youth programs

The Departments of Early Education and Care and Public Health are currently developing guidelines for the resumption of childcare and youth programs, although the Report indicates that the initial reopening plan will focus on increasing emergency childcare capacity. 

K-12 schools

Massachusetts’ K-12 school buildings will remain closed through the end of the 2019-2020 school year, with remote teaching and learning in place, although schools will continue offering essential non-educational services (for example, take-out and food delivery) to their communities. Plans for summer learning programs and the 2020-2021 school year will be announced in the coming weeks.

Colleges and universities 

Provided they observe applicable social distance guidance, colleges and universities may begin to reopen research laboratories, medical, dental, veterinary and allied health clinical education and services, and restart functions necessary to prepare campuses to reopen. During Phase Two and Three, institutions will begin developing customized reopening plans in accordance with safety and public health guidelines. Course delivery will likely involve a combination of in-person and remote learning in order to allow for social distancing on campus.

Is the Stay-at-Home Advisory still in effect?

The Stay at Home Advisory issued by the Governor in March 2020 has been replaced by the Safer at Home Advisory. Under the new Advisory:

  • People over the age of 65 and those with underlying health conditions that place them at a higher risk of contracting COVID-19 are encouraged to stay home except for essential errands, such as going to the grocery store and seeking medical care.

  • All residents are advised to leave their homes only for medical care, worship, and permitted work, shopping, and outdoor activities.

  • All residents are required to cover their face when they cannot maintain six feet of social distance in public.

  • When going to the pharmacy, residents should fill their prescriptions for 90 days if possible. High-risk residents should try to use a mail-order service for the delivery of essential medications.

  • Residents should not participate in close contact activities, such as pick-up sports games, and parents should limit play dates for children.

  • Residents should refrain from visiting nursing homes, skilled nursing facilities, or other residential care settings and use remote forms of communication such as phone or video calls instead of visiting high-risk friends or family in-person.

  • Residents are also advised to wash their hands for at least 20 seconds with soapy water, to monitor themselves for COVID-19 symptoms, and to stay home if they are ill.

Additional Resources

COVID-19 Updates and Information

https://www.mass.gov/info-details/covid-19-updates-and-information

COVID-19 Prevention and Treatment

https://www.mass.gov/info-details/covid-19-prevention-and-treatment

COVID-19 Resources and Guidance for Businesses

https://www.mass.gov/info-details/covid-19-resources-and-guidance-for-businesses

COVID-19 Response Reporting

https://www.mass.gov/info-details/covid-19-response-reporting

Guidance: Wear a Mask in Public (issued May 1, 2020)

https://www.mass.gov/news/wear-a-mask-in-public

Mandatory Workplace Standards

https://www.mass.gov/info-details/reopening-mandatory-safety-standards-for-workplaces

Travel Information Related to COVID-19

https://www.mass.gov/info-details/travel-information-related-to-covid-19#travel-to-massachusetts-

Stay tuned for future alerts on these developing issues. For assistance preparing your workplace to resume operations, contact Margaret H. Paget or Allyson Kurker at Kurker Paget LLC.