COVID-19 RESPONSE

Federal, state and localorders for reopening the workplaceLast updated: April 30, 2020

This content is not to be considered legal advice. We recommend Clients speak with legal counsel specializing in labor and employment law to ensure your organization meets requirements.

• This presentation is a summary of various federal, state and local orders and guidance regarding safety measures required or recommended in the workplace because of COVID-19

• Sun Life is not endorsing any particular measures.• Sun Life is also not representing that any of these

measures will effectively eliminate risks associated with COVID-19.

• Employers should consult their own safety and legal experts on these issues.

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White House Guide for Opening Up America

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White House Guide on Reopening• Proposed state or regional Gating Criteria*⎻ Reduction in symptoms

• Downward trajectory of flu-like illnesses w/in 14-day period and• Downward trajectory of COVID-like syndromic cases reported w/in 14-day

period⎻ Reduction in cases

• Downward trajectory of documented cases w/in 14-day period or• Downward trajectory of positive tests as a % of total tests w/in 14-day period

⎻ Status of hospitals• Treat all patients without crisis care• Robust testing program

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*State and local officials are given freedom to tailor these criteria based on whether outbreaks are widespread or mild.

Core state preparedness responsibilities• Testing and Contact Tracing⎻ Ability to quickly set up safe and efficient screening and testing sites for symptomatic

individuals and trace contacts⎻ Ability to test for COVID and then trace contacts⎻ Ensure sentinel surveillance sites are screening for asymptomatic cases and contacts

and results are traced.• Sentinel site is one that operates at locations that serve older individuals, lower-income

Americans, racial minorities and Native Americans• Ample healthcare system capacity• Development of plans for:⎻ Workers in critical industries⎻ Those living in high-risk facilities⎻ Users of mass transit⎻ Advising public about social distancing & face coverings⎻ Monitoring conditions and responding to mitigate rebounds or outbreaks

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Proposed phased approach• Philosophy:⎻ Based on up-to-date data⎻ Mitigates risk of resurgence⎻ Protects the most vulnerable⎻ Implementable by statewide or county-by-county basis at Governor’s discretion

• Guidelines for Individuals for all phases: ⎻ Wash your hands with soap and water or use hand sanitizer, especially after touching

frequently used items or surfaces⎻ Avoid touching your face⎻ Sneeze or cough into tissue or use inside of elbow⎻ Disinfect frequently used items and surfaces⎻ Strongly consider using face coverings while in public and particularly in mass transit⎻ People who feel sick should stay home, and contact medical provider⎻ Adhere to CDC, state and local guidance

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Proposed phased approach

• Guidelines for Employers for all phases⎻ Develop and implement appropriate policies, in accordance with federal, state and

local regulations and guidance, and informed by industry best practices regarding:• Social distancing and preventative equipment• Temperature checks• Testing, isolating and contact tracing• Sanitation• Use and disinfectant of common and high-traffic areas• Business travel

⎻ Monitor workforce for indicative symptoms.• Do not allow symptomatic people to physically return to work until cleared by medical provider

⎻ Develop and implement policies and procedures for workforce contact tracing following positive EE COVID test

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Phase One: For states + regions that satisfy gating criteria• What can and cannot open:

⎻ Schools and organized youth activities remain closed⎻ Visits to senior living and hospitals prohibited⎻ Large venues can operate under strict physical distancing protocols⎻ Elective surgeries can resume⎻ Gyms can open with strict physical distancing and sanitation protocols⎻ Bars should remain closed

• What individuals should do:⎻ All vulnerable individuals shelter in place. ⎻ All individuals when in public must maximize physical distance⎻ Avoid socializing in groups of more than 10 people if you cannot maintain social distancing⎻ Minimize non-essential travel

• What employers should do:⎻ Continue to encourage telework⎻ Return to work in phases⎻ Close common areas⎻ Minimize non-essential travel⎻ Consider special accommodations for vulnerable populations

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Phase Two: For states + regions with no evidence of rebound and that satisfy gating criteria a 2nd time• What can and cannot open:

⎻ Schools and organized youth activities can reopen⎻ Visits to senior living and hospitals prohibited⎻ Large venues can operate under moderate physical distancing protocols⎻ Elective surgeries can resume⎻ Gyms can open with strict physical distancing and sanitation protocols⎻ Bars may operate with diminished standing-room occupancy

• What individuals should do:⎻ All vulnerable individuals shelter in place. ⎻ All individuals when in public must maximize physical distance⎻ Avoid socializing in groups of more than 50 people if you cannot maintain social distancing⎻ Non-essential travel can resume

• What employers should do:⎻ Continue to encourage telework⎻ Close common areas⎻ Non-essential travel can resume⎻ Consider special accommodations for vulnerable populations

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Phase Three: For states + regions with no evidence of rebound and satisfy gating criteria a 3rd time

• What can and cannot open:⎻ Schools and organized youth activities stay open⎻ Visits to senior living and hospitals can resume⎻ Large venues can operate under limited physical distancing protocols⎻ Elective surgeries continue⎻ Gyms can remain open with standard sanitation protocols⎻ Bars may operate with increased standing-room occupancy

• What individuals should do:⎻ Vulnerable individuals can resume public interaction with physical distancing. ⎻ Low risk individuals should consider minimizing time spent in crowded environments

• What employers should do:⎻ Resume unrestricted staffing of worksites

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OSHA

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OSHA Guidance on Preparing Workplaces• OSHA has issued a Guidance on Preparing Workplaces for COVID-19 and a

workplace poster• Guidance outlines steps ER can take to reduce EEs’ risk of exposure to COVID-19⎻ Develop an infectious disease preparedness and response plan⎻ Prepare to implement basic infection prevention measures

• Promote frequent and thorough hand washing• Provide hand sanitizer (at least 60% alcohol)• Encourage EEs to stay home if sick• Encourage respiratory etiquette• Explore flexible worksites, telecommuting, flexible work hours, staggered shifts• Discourage EEs from using other EEs’ phones, desks, offices or other equipment or tools• Regularly clean and disinfect

⎻ Develop policies and procedures to identify and isolate sick people⎻ Provide a face mask and ask EE to wear it, if tolerated

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OSHA Guidance on Preparing Workplaces• Develop, implement and communicate workplace flexibilities and protections⎻ Actively encourage sick EEs to stay home⎻ Ensure sick leave policies are flexible and consistent with public health guidance⎻ Do not require a healthcare provider’s note for EEs who are sick with acute respiratory illness to

validate illness or return to work because HCPs will be very busy⎻ Maintain flexible policies to permit EEs to say home to care for sick family member⎻ Train EEs about safety and hygiene issues.

• Implement workplace controls⎻ Engineering controls

• Install high efficiency air filters• Increase ventilation rates• Install physical barriers such as clear plastic sneeze guards• Install drive-through window for customer service

⎻ Administrative controls• Encourage sick EEs to stay home• Minimize contact among workers, clients and customers by virtual communications and telework• Discontinue nonessential travel

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OSHA Guidance on Preparing Workplaces• Personal Protective Equipment (PPE)⎻ Examples of PPE include:

• Gloves• Goggles• Face shields• Face masks• Respiratory protection• Gowns

⎻ All PPE must be:• Selected based upon the hazard to the worker• Properly fitted and periodically refitted• Consistently and properly worn when required• Regularly inspected, maintained and replaced• Properly removed, cleaned, stored or disposed of

⎻ ERs must provide workers with PPE need to keep them safe while performing their jobs⎻ Classify worker exposure to COVID-19 for purposes of evaluating need for PPE and other

remedial measures• OSHA guidance states that workers in lower exposure do not need additional PPE

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OSHA Guidance for Retail Workers & COVID-19• OSHA has adopted special guidance for retail workers.⎻ Encourage workers to stay home if they are sick⎻ Provide a place to wash hands or alcohol-based hand rubs (at least 60% alcohol)⎻ Maintain regular cleaning and disinfecting of surfaces and equipment⎻ Practice social distancing (at least 6 feet)

• Demarcate 6 foot distance with tape• Open every other cash register• Install plexiglass partitions

⎻ Use drive-through window or curbside pick-up⎻ Provide workers and customers with tissues and trash receptacles⎻ Allow workers to wear masks to prevent them from spreading the virus⎻ Encourage workers to report safety and health concerns

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Centers for Disease Control (CDC)

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CDC Guidance on Reopening Workplaces• CDC has issued Reopening Guidance for cleaning and disinfecting workplaces and businesses and

other spaces as well as specific Interim Guidance for Business and Employers to plan and response to COVID-19

• CDC recommends developing, implementing, maintain and revising a plan for cleaning and disinfecting

• CDC also recommends maintaining safe behavioral practices:⎻ Social distancing⎻ Frequently washing hands or use alcohol-based hand sanitizer⎻ Wearing cloth face coverings⎻ Avoiding touching eyes, nose and mouth⎻ Stay home when sick⎻ Clean and disinfect frequently touched objects and surfaces

• CDC recommends flexible sick leave and supportive policies and practices⎻ CDC recommends that ERs not require a positive COVID-19 test result or healthcare provider’s note for EEs

who are sick and to validate illness or qualify for sick leave or return to work because HCP’s offices are extremely busy

⎻ CDC recommends flexible leave policies

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CDC Guidance on Safety in the Workplace• CDC recommends policies and practices to encourage social distancing

⎻ Implement flexible worksites (telework)⎻ Implement flexible work hours (staggered shifts)⎻ Increase physical space between EEs at worksite⎻ Increase physical space between EEs and customers (e.g. drive-throughs, partitions)⎻ Implement flexible meeting and travel options⎻ Downsize operations⎻ Delivery services remotely (e.g. phone, video or web)⎻ Deliver products through curbside pick-up or delivery

• CDC recommends maintaining a healthy work environment⎻ Improve engineering controls through better ventilation⎻ Support respiratory etiquette and hand hygiene

• Provide tissue and no-touch disposal receptacles• Provide soap and water or alcohol-based hand sanitizer• Place hand sanitizers in multiple locations• Discourage hand-shaking

⎻ Perform routine cleaning and disinfecting• Discourage workers from using others’ phones, desks, offices, tools or equipment and if necessary clean and disinfect before

and after use• Provide disposable wipes

⎻ Reduce in-person meetings18

State & Local Orders Regarding Face Coverings and Temperature Screening

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States requiring or recommending face coverings

District of Columbia Puerto Rico

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AlaskaArizona

ArkansasCaliforniaColorado

ConnecticutDelawareGeorgiaHawaii

IllinoisIndianaKansas

KentuckyLouisiana

MaineMaryland

Massachusetts

MichiganMinnesotaMississippiMissouriNebraskaNevada

New JerseyNew Mexico

New YorkNorth CarolinaNorth Dakota

OhioOregon

PennsylvaniaRhode Island

South Carolina

South DakotaUtah

VermontVirginia

WashingtonWest Virginia

WisconsinWyoming

Updated 4/29/20

Local governments recommending or requiring face coveringsALABAMA

BirminghamALASKA

AnchorageCA CITIESBerkeley

Beverly HillsBuena Park

BurbankCarson

Costa MesaFremontFresno

GlendaleIrvine

Laguna BeachLancaster

Long BeachLos Angeles

Palm SpringsPasadena

San FranciscoSanta AnaSeal Beach

CA COUNTIESAlamedaCalaveras

Contra CostaHumboldt

Imperial CountyKings

Los AngelesMarin

MendocinoMercedMonoNapa

OrangePalm Springs

PlacerPlumas

RiversideSan Bernardino

San MateoSanta ClaraSan Diego

SolanoSonoma

COLORADOAspen

Eagle CountyGlenwood Springs

Weld CountyFLORIDA

Broward CountyHillsborough County

Key WestMiami

Miami BeachMiami-Dade County

MiramarOsceola County

Palm Beach CountyHAWAII

Honolulu City & CountyKauai County

ILLINOISCicero

DeerfieldEvanstonGlenview

Highland ParkMorton Grove

NilesNorthbrook

North RiversideOak Lawn

SkokieWilmette

LOUISIANANew Orleans

MAINEPortland

MARYLANDArundel County

Montgomery CountyMASSACHUSETTS

BeverlyBoston

Brookline

FraminghamMiddleton

North ReadingNorthampton

WorcesterPeabodyWestport

MICHIGANOakland County

Washentaw CountyMISSISSIPPIHattiesburgMISSOURIKansas City

St. LouisNEBRASKA

Lincoln-Lancaster CountyNEW JERSEY

HobokenNewark

NEW MEXICOAlbuquerqueNEW YORK

New York CityNORTH CAROLINA

Mecklenburg CountyWake County

Winston-Salem

OKLAHOMAAltus

ChickashaGuthrie

OREGONMultnomah County

PENNSYLVANIAPhiladelphiaTENNESSEE

Shelby CountyTEXASAustin

Bastrop CountyBexar County

Cameron CountyDallas CountyHarris County

Hidalgo CountyLaredo

San AntonioStarr CountyTravis County

Willancy CountyWilliamson County

Zapata County

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States requiring or recommending Health screening

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ColoradoConnecticut

DelawareGeorgiaIllinoisIowa

LouisianaMarylandMichigan

MinnesotaMontanaNevada

New MexicoOhio

PennsylvaniaRhode IslandSouth Dakota

Tennessee

TexasVermontVirginia

WashingtonWest Virginia

Wyoming

District of Columbia

Puerto Rico

Updated 4/29/20

Local governments recommending or requiring health screening

CaliforniaFresno

Fresno CountyLong Beach

Merced CountyPasadena

City & County of SFOSanta Clara County

ColoradoEagle CountyWeld County

DelawareNew Castle

MichiganIngham countyOakland County

Washtenaw CountyWayne CountyNorth Carolina

City & County of DurhamWake County

OklahomaTulsaTexasAustin

Bishop CountyDallas CountyEl Paso CountyTarrant CountyTravis County

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Updated 4/29/20

National Governor’s Association: Roadmap to Recovery

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National Governor’s Association • Roadmap to Recovery: A Public Health Guide for Governors (4/21/20)• Multi-Step considerations for governors in planning reopening⎻ Includes expanded testing capacity, surveillance, and contact tracing⎻ Recommends stage reopening

• Recommends that states create a checklist to help businesses reopen that address:⎻ Physical distancing, including through telework and shift work, employee illness

screening, and sick leave and family leave policies⎻ Engineering controls, including hands free technology, creation of barriers and more

frequent cleaning⎻ Administrative controls, such as decreased customer/client interactions⎻ Personal Protective Equipment, such as masks and other equipment

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California

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Los Angeles City & County Safer at Home Order re COVID-19

• County of LA Health Officer Safer at Home Order (rev. 4/10/20)• City of LA also issued Safer at Home Order (rev. 4/10/20)• Only Essential Businesses allowed to be open• Essential Businesses must follow Social Distancing Protocol:⎻ Limit # of people who can enter facility to ensure ≥ 6 feet distance⎻ If lines form, mark 6-foot distances⎻ Provide hand sanitizer, soap and water or effective disinfectant at entrance and other

areas and regularly disinfect high-touch surfaces⎻ Post a sign instructing individuals not to enter if experiencing symptoms of respiratory

illness, including fever or cough and to maintain social distancing⎻ Provide cloth face coverings to EEs whose duties require close contact (w/in 6 feet for

10 minutes or more) with other EEs or public

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Los Angeles Face-Covering mandate

• On 4/7/20, Mayor Garcetti issued a Workplace Protection Order that requires employees of certain Essential Businesses to wear face-coverings⎻ Order does not apply to all Essential Businesses (most public-facing, retail)

• Order requires ERs to provide face-coverings and to permit EEs to wash hands or use hand sanitizer at least every 30 minutes.⎻ EEs must wash reusable face coverings at least 1X per day⎻ EEs must properly discard disposable face coverings in trash receptacles

• Order encourages all retails business to install plexiglass to separate cashiers and customers at points of sale

• Encourages all people to wear face covering over noses and mouths when they are outside their homes to obtain essential services and goods

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San Diego Emergency COVID-19 Order• County of San Diego issued emergency order relating to COVID-19 (rev.

4/24/20)• All essential businesses that allow public to enter facility must follow and post

Social Distancing and Sanitation Protocol• All EEs who have contact with public in certain businesses must wear cloth face

covering• All essential businesses that remain in operation must:⎻ Require social distancing⎻ Adopt increased sanitation standards⎻ Make every effort to allow telecommuting⎻ Suspend any policy or procedure requiring doctor verification for sick or other leave

approval

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San Francisco Shelter-in-Place Order• City and County of SFO issued Shelter-in-Place Order• Essential Businesses must follow Social Distancing Protocol that addresses:⎻ Arrange for everyone who can work from home is doing so⎻ All EEs told not to come to work if sick⎻ Symptom checks are being conducted before EEs may enter workplace⎻ All desks and work stations are ≥ 6 feet apart⎻ Limit # of people who can enter facility to ensure ≥ 6 feet distance⎻ If lines form, mark 6 foot distances⎻ Provide contactless payment systems⎻ Regularly clean and disinfect high-touch surfaces and break rooms, bathrooms and common

areas⎻ Disinfectant, hand sanitizer, and related supplies rare readily available to EEs⎻ Post sign instructing individuals not to enter if experiencing symptoms of respiratory illness,

including fever or cough, and to maintain social distancing⎻ Follow other social distancing measures recommended by CDC⎻ Provide EEs with copy of protocol

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San Francisco Face Covering Order • On 4/17/20, city and county of SFO issued order requiring everyone to wear a face

covering when outside of home for essential needs• Workers at essential businesses must wear face covering when at work if:⎻ Interacting in person with public⎻ Working in space visited by public⎻ Working in space where food is prepared or packaged for sale⎻ Working in or walking through common areas such as hallways, stairways, elevators and parking

facilities, or⎻ In any room or enclosed area when other people (except for members of person’s own

household or residence) are present• Workers do not need to wear covering if in private office not regularly visited by others• Face covering not required if person can show either: ⎻ Medical professional advised that wearing face covering may pose health risk or⎻ Wearing face covering would create work-related risk as determined by local, state or federal

regulators or workplace safety guidelines

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Colorado

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Colorado Safer at Home Order• On 4/27/20, Governor Polis signed the continued Safer at Home Order• Vulnerable Individuals should continue to stay at home as much as possible• Individuals who are sick or who test positive for COVID-19 must stay at home except as necessary to

care for themselves or seek medical care• Special Accommodation rules – ERs must accommodate to greatest extent possible:

⎻ EEs with childcare responsibilities⎻ EEs who are Vulnerable Persons⎻ EEs who live in the same household as Vulnerable Person⎻ EEs showing symptoms of COVID-19 or have been in contact with someone with COVID-19

• Individuals should wear cloth face coverings when in public• Social interactions and travel should be limited• Public gatherings of more than 10 persons are prohibited• All businesses should encourage telecommuting where possible• Businesses must follow protocols established by the Colorado Public health Organization, including:• Businesses must follow protocols established by public health orders, including:

⎻ Symptom screening and temperature check stations⎻ Closure of common areas⎻ Cleaning protocols⎻ Social distancing protocols

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Connecticut

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CT Safe Workplace Rules for Essential Businesses• Governor Lamont and the CT Dep’t of Economic & Community

Development (DECD) issued Safe Workplace Rules⎻ Goal: Reduce spread of COVID-19 among EEs at essential ERs⎻ EEs who can work from home should be working from home⎻ Eliminate all non-essential work travel

• EEs should self-monitor:⎻ EEs should take temperatures before reporting to work⎻ If over 100.4⁰ Fahrenheit, EEs should stay home⎻ If EE has symptoms, has been exposed to someone with symptoms or has

been diagnosed with COVID-19, EE should not report to work and let manager know

• If EE is diagnosed with COVID-19, ERs should inform other EEs of possible exposure to COVID-19 in workplace but keep confidentiality

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CT Safe Workplace Rules: Promote Social Distancing• Avoid in-person meetings as much as possible• Limit size of meetings to maximum of 10 people, all wearing face masks and at

distance of 6 feet• Discourage carpooling• Increase physical space between EEs and customers through remote or curbside

delivery, drive-throughs, plexiglass partitions, etc.• Promote multiple shifts to spread out EEs• Close or restrict break rooms and cafeterias and have EEs bring lunch from

home and eat at workstation or in their car• If using cafeterias or lunch rooms, rotate break times to reduce social

interaction• Increase ventilation rates• Segment workforce into discrete zones

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CT Safe Workplace Rules: Eliminate Transmission Points• Reduce common touch points by opening internal doors where possible• Install no-touch disposal receptacle or remove lids• Frequent cleaning of all touch points• Secure secondary doors and access points to minimize contact• Provide ample supplies of disposable wipes• Prohibit EEs from using others’ equipment and workstations• EEs should clean personal workspace before and after use• If EE becomes sick with COVID-19 (or symptoms) follow CDC cleaning

recommendations• Place posters that encourage hand hygiene and social distancing• Provide face masks• Special rules for construction

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Face coverings are required in workplace in CT

• Executive Order 7BB dated 4/17/20• Requires EEs at Essential ERs to wear face coverings in workplace• ERs must provide masks or face coverings to EE or provide

materials, or reasonable compensation for materials to make masks

• No one is required to use a mask or face covering if doing so would be contrary to health or safety because of medical condition⎻ ER cannot require person to produce medical documentation verifying

the medical condition

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Georgia

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Georgia Reopening Business Executive Order• On 4/23/20, Governor Kemp of Georgia issued his Reopening Business Executive Order.• Governor Kemp recommends that everyone wear a face covering when outside their home except

when eating, drinking or exercising outdoors• Order continues to ban “Gatherings” – 10 or more persons who are not ≥ 6 feet apart• Permits certain businesses to open with requirements:

⎻ E.g., Restaurants, body art, hair salons, massage therapy, movie theaters, bowling alleys, gyms• Industry-specific requirements and general mitigation efforts, including:

⎻ Screen and evaluate workers who exhibit signs of illness⎻ Require EEs who exhibit symptoms to not report to work or seek medical condition and send home if EE

becomes ill at work⎻ Implement teleworking for all possible workers⎻ Enhance cleaning and sanitation⎻ Require hand-washing and sanitation⎻ Prohibit hand shaking⎻ Staggered shifts⎻ Hold meetings and conferences virtually where possible⎻ Train EEs on sanitation measures⎻ Require all EEs to wear face coverings at all times and require cleaning or replacement daily⎻ Discourage EEs from using other’s phones, desks, equipment⎻ Create ≥ 6 feet between work stations

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Georgia Reopening Business Executive Order• Individuals who are high risk are required to shelter in place in home:

⎻ 65 years of age or older⎻ Residents of nursing homes or other community facilities⎻ Chronic lung disease⎻ Moderate to severe asthma⎻ Severe heart disease⎻ Immunocompromised⎻ Severely obese⎻ Diabetes, liver disease or chronic kidney disease

• High risk individuals may:⎻ Conduct Essential Services⎻ Perform Necessary Travel⎻ Perform activities (or travel related thereto) to maintain value of business or organization

not classified as Critical Infrastructure⎻ Work for Critical Infrastructure

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Illinois

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Illinois Modifications to Stay-at-Home order• Governor Pritzker to issue new order on 4/30/20• ERs will be required to provide face coverings during work⎻ All EEs who can medically tolerate waring a mask or other cloth face covering must wear covering

when unable to maintain a 6 foot distance• Businesses encouraged to allow remote work when possible• Non-essential retail stores may open in limited capacity⎻ Must cap occupancy at 50% of occupancy⎻ Set up store aisles to be one way⎻ Discontinue use of reusable bags

• New requirements for manufacturers⎻ Staggering shifts⎻ Reducing line speeds⎻ Operating only essential lines⎻ Ensure common rooms allow for social distancing⎻ Downsize operations if necessary to allow social distancing

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Maryland

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Maryland Strong: Roadmap to Recovery

• On 4/24/20, Governor Hogan issued “Maryland Strong: Roadmap to Recovery”

• Major principles:⎻ ERs and EEs should continue with telework to reduce spread of COVID-19⎻ Individuals should wear face coverings or masks in indoor public places⎻ Individuals should continue social distancing

• Governor has directed creation of 13 Industry Recovery Advisory Groups• Roadmap is in three phases: Low Risk, Medium Risk and High Risk

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Michigan

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Michigan Governor Whitmer’s Reopening Order• On 4/24/20, Governor Whitmer signed Executive Order 2020-59 extending stay-at-home

requirements to 5/15/20 but permits some reopening• ERs can designate EEs to:

⎻ Process or fill remote orders for delivery or curbside pick-up⎻ For bicycle maintenance and repair⎻ To perform duties at garden stores, nurseries, lawn care, pest control and landscaping⎻ To perform safety and sanitation maintenance in places of outdoor recreation⎻ To perform moving or storage operations

• Individuals who are able to medically tolerate a face covering must wear one in enclosed public space⎻ ERs must provide face coverings to EEs who perform in-person work⎻ MI Civil Rights law amended to prohibit discrimination for wearing face mask

• ERs with in-person operations must have written COVID-19 preparedness and response plan that is consistent with CDC and OSHA safety guidance⎻ ERs must adopt cleaning and disinfecting protocols⎻ Follow social distancing and mitigation measures ⎻ Provide appropriate personal protective equipment

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Minnesota

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Minnesota Order Allows Workers in Non-Critical Sectors to return to Safe Workplaces• On 4/23/20, Governor Walz signed Executive Order 20-40 permitting certain

business that do not directly interact with public to reopen⎻ Industrial and manufacturing⎻ Office-based ERs

• Only applies to travel to and from home and performance of work duties that cannot be done at home. All workers who can work from home must do so.

• ERs must have a COVID-19 Preparedness Plan that require:⎻ EEs who can work from to work from home⎻ Screening for illness⎻ Sick workers to stay home⎻ Social Distancing⎻ Employee hygiene⎻ Cleaning and disinfection protocols

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Minnesota DOL Guidance on Worker Protections

• Minnesota Department of Labor issued a Guidance on Worker ProtectionsRelated to COVID-19. ⎻ It addresses a number of issues related to leave, discrimination, unemployment and

worker’s compensation⎻ Advises ERs that they cannot terminate an EE who is subject to a quarantine or

isolation order from Minnesota Department of Health or who needs to care for family member who is subject to MDH quarantine or isolation order. Protection is available for absences up to 21 days

• Minnesota DOL website contains guidance for a number of industries regarding workplace

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Mississippi

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Mississippi Safer at Home Order Permits Partial Reopening

• All businesses and non-profit entities may reopen subject to the following:⎻ Encourage work from home as much as possible⎻ Require social distancing⎻ Send sick EEs home and encourage sick EEs to stay home⎻ Adopt and enforce hand-washing and personal hygiene protocols⎻ Screening measures⎻ Limit occupancy⎻ Close common areas and/or strict social distancing⎻ Minimize non-essential business travel⎻ Make special accommodations for EEs that are members of vulnerable population to reduce

exposure• Restaurants/bars limited to drive-thru, curbside or delivery• Fitness centers, dance studios, clubs, personal grooming facilities, tattoo parlors, spas

remain closed

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Montana

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Montana Phased Reopening order• On 4/22/20, Governor Bullock signed a Phased Reopening Order• Principles applicable to all phases:⎻ Individuals must continue good hygiene, including:

• Wash hands or use hand sanitizer especially after touching frequently used items or surfaces• Avoid touching your face• Sneeze or cough into tissue or inside of elbow• Disinfect frequently used items and surfaces• Strongly consider using non-medical face coverings in public

⎻ People who feel sick should stay home⎻ ERs should:

• Develop and implement appropriate policies for:⎻ social distancing⎻ temperature checks and/or symptoms screening⎻ Testing⎻ isolating and contact tracing⎻ Sanitation⎻ Use and disinfection of common and high-traffic areas

• Monitor workforce for symptoms and do not allow EEs with symptoms to work• Collaborate with public health officials when doing contact tracing

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Employer obligations• Phase One⎻ Continue to encourage telework whenever possible and feasible with business operations

• If telework is not feasible, accommodate alternative work schedules such as shift work and staggered scheduling for social distancing

⎻ Close common areas⎻ Minimize non-essential business travel⎻ Make special accommodations for EEs in vulnerable population or w/vulnerable household

members⎻ Health assessments must be conducted of all EEs at beginning of shift⎻ Social distancing must be maintained for patrons and EEs

• At least 6 feet• No gatherings more than 10• This may require reduction in capacity and other measures

• Phase Two⎻ Group size increased from 10 to 50 people⎻ All other provisions stay the same

• Phase Three⎻ Return to normal operations

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New Jersey

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New Jersey Governor Murphy’s 6 Point Plan to Reopen• On 4/27/20, NJ announced a 6 point plan to reopen:

The Road Back: Restoring Economic health through Public Health

• Principles:1. Demonstrate sustained reductions in new COVID-19 cases

and hospitalizations2. Expand testing capacity3. Implement robust contact tracing4. Secure safe places and resources for isolation and

quarantine5. Execute a responsible economic restart6. New Jersey’s resiliency

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New Jersey Executive Orders 122 and 125• New Jersey Governor Murphy issued Executive Order 122 and Executive

Order 125 creating restrictions for certain ERs.• Requirements include:

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• Limiting occupancy to 50% of maximum store capacity

• Create hours for high-risk individuals• Install physical barrier between cashiers and

customers• Require infection control practices• Provide EE break time for repeated handwashing

during work day• Arrange for contactless pay options, pick-up and

delivery• Provide sanitization materials including hand

sanitizer and sanitizing wipes• Require frequent sanitization of high-touch areas• Conspicuous signage about social distancing• Demarcate 6 feet of spacing in check-out lines

• Require workers and customers to wear cloth face coverings except for health reasons

• Require workers to wear gloves• Businesses must provide face coverings and

gloves for EEs at ER’s expense• Prohibit non-essential visitors from entering

facility• Limit worksite meetings• Require social distancing of at least 6 feet• Stagger work start and stop times• Stagger lunch breaks

New York

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New York State Face Coverings

• On 4/12/20, Governor Cuomo signed Executive Order 202.16 requiring all essential businesses to provide EEs face coverings to wear when in direct contact with customer or members of public

• ERs must pay for the face coverings

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• On 3/28/20, NY DOH issued return to work protocols for essential businesses after COVID-19 exposure or infection. Re-entry to worksite permitted when:⎻ Working from home is not feasible⎻ EE is asymptomatic⎻ EE self-quarantines when not at work⎻ EE undergoes temperature monitoring and symptom checks upon arrival to work and at least

every 12 hours while at work⎻ EE self-monitors to assess temperature and symptoms twice a day when at home⎻ If EE is required to interact with others within 6 feet, EE should wear face mask while working for

at least 14 days following the last exposure⎻ If EE’s job duties permit separation of greater than 6 feet, there should be environmental

controls in place to ensure adequate separation is maintained without a face mask⎻ If EE develops symptoms consistent with COVID-19 (such as fever cough, or shortness of breath)

while working they should immediately stop and isolate at home⎻ ER will arrange for testing for any EEs with symptoms

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New York State Department of Health (NY DOH) Guidance

NY DOH Guidance – Part 2• NYS DOH guidance provides that essential personnel with

confirmed or suspected COVID-19 can be permitted to return to worksite if all of following conditions are met:⎻ Working from home would adversely impact essential services or

functions⎻ EE has maintained isolation for at least 7 days after symptoms first

appeared and has not had fever for at least 72 hours, without use of fever-reducing medications, and with other symptoms improving

⎻ Personnel who are recovering from COVID-19 must wear face mask for 14 days following onset of illness

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Ohio

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• Responsible Restart Ohio• On 4/27/20 Governor DeWine announced Responsible Restart Ohio with protocols and sector

specific operating requirements for businesses to reopen.• Protocols applicable to all businesses:

⎻ Ensure minimum of 6 feet between persons and, if not possible, install barriers⎻ Require face coverings for EEs and customers at all times⎻ Require EEs to perform daily symptom assessments, including temperature taking and require EEs to stay

home if symptomatic⎻ Require regular handwashing and other good hygiene practices⎻ Sanitize workplaces throughout the workday⎻ Limit capacity to 50% of fire code limits and use appointments⎻ If an EE or customer is identified as having COVID-19:

• Report individual to local health department• Work with local health department on contact tracing• Shut down affected workplace for deep sanitation• Reopen in consultation with local health department

• There are additional protocols by sector:⎻ Manufacturing, Distribution and Construction⎻ Consumer, Retail and Services⎻ General Office Environments⎻ Healthcare and Hospitals

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Oklahoma

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Oklahoma Open Up and Recover Safely Plan• On 4/22/20, Oklahoma Governor’s Bounce Back Advisory Group issued Open Up and Recover Safely

Plan (3 phase approach)• Core responsibilities before reopening:

⎻ Ensure adequate testing abilities⎻ Provide guidance to protect safety of EEs including ERs should consider:

• Developing policies for temperature checks, sanitation, use and disinfection of common areas and limits on business travel• Monitoring workforce for symptoms and not allow symptomatic EEs to be in workplace• Adopting flexible sick leave and supportive policies and procedures• Developing policies for contact tracing• Implementing appropriate policies for social distancing and PPE

• Phase One: ERs should:⎻ Create plans to allow EEs to return to work in phases⎻ Close common areas or enforce social distancing protocols⎻ Minimize non-essential travel and adhere to CDC guidelines and Executive Orders regarding isolation following

travel⎻ Honor requests of EEs who are members of vulnerable population for special accommodations

• Phase Two: ERs should do all of above except no longer phased return or travel limit⎻ ERs should implement social distancing protocols, including sanitation and use of PPE

• Phase Three: No restrictions

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Pennsylvania

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Pennsylvania Three-Phase System to Reopen

• On 4/22/20, Governor Wolf announced a three-phase system for reopeningoperations and businesses (red, yellow, green)

• PA will reopen cautiously• Standards:⎻ Approach will be data driven⎻ Will put forth guidance and recommendations for ERs, including continued

requirements for social distancing⎻ Must be adequate personal protective equipment and diagnostic testing⎻ Must be monitoring and surveillance program to allow swift actions for containment

or mitigation⎻ Must maintain protections for vulnerable populations⎻ Continued limitations on large gatherings

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Pennsylvania Guidance for In-Person Operations• On 4/15/20, Pennsylvania Department of Health issued guidance about safety measures required to

protect EEs.⎻ Prohibit non-essential visitors from entering premises⎻ Screen temperatures of EEs and visitors⎻ Provide masks for EEs to wear and require EEs to do so except in break to eat or drink⎻ Stagger work start, break, and stop times⎻ Provide proper space for breaks and meals –limit # of EEs in common rooms⎻ Conduct meetings and training virtually and limit size of in-person meeting⎻ Ensure EEs who do not speak English are advised of procedures in their native or preferred language⎻ Clean and disinfect high-touch areas

• There are additional requirements for ERs who serve the public, including:⎻ Schedule hand-washing breaks of at leave every hour⎻ Require all customers to wear masks⎻ Conduct business by appointment only and limit occupancy⎻ Install shield and barriers at registers⎻ Designate time for elderly and high-risk customers to use business⎻ Use every other register⎻ Wipe down carts and handbaskets

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• PA Order require ERs to have protocols if EE displays symptoms at work:⎻ Close off areas visited by person who is source of COVID-19⎻ Open outside doors and windows and use ventilation fans to increase air

circulation in area⎻ Wait at least 24 hours before beginning cleaning and disinfection⎻ Clean and disinfect all areas visited or touched by ill person

• PA Order also requires ERs to provide notice to EEs who were in close contact (w/in 6 feet for 10 or more minutes) with ill person from period 48 hours prior to symptoms onset to time when ill EE was isolated⎻ If such individuals are asymptomatic, ER must follow CDC guidance for

monitoring health, including:• Requiring face mask at all times in workplace• Requiring self-monitoring and departure from site if symptoms

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Pennsylvania Secretary of Health Order 4/29/20

Texas

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Texas Governor Abbott Reopened Services Order• Executive Order GA-18 (4/27/20) authorizes re-opening of certain businesses• Must follow minimum standard health protocols

⎻ Train EEs on appropriate cleaning, disinfection, hand hygiene, respiratory etiquette⎻ Screen EEs before coming into workplace and send home any EE who has any symptoms of COVID-19

⎻ Do not allow EEs with symptoms to return to work until:• If diagnosed with COVID-19, EE may return to work when: (1) at least 3 days (72 hours) have passed since recovery (resolution

of fever w/out use of fever-reducing medications); (2) EE has improved respiratory symptoms; and (3) at least 7 days have passed since symptoms first appeared or

• In case of symptoms but no test, EE may not return to work until EE has completed same 3 step criteria listed above or EE gets a medical professional’s note clearing EE to return based on an alternative diagnosis

⎻ Do not allow EE with known close contact to person who has COVID-19 to return until end of 14-day self-quarantine period from last date of exposure

• Have EEs wash or sanitize hands upon entering business• Have EEs social distance (6 feet separation)

⎻ If separation not possible, use other measures such as face covering, hand hygiene, cough etiquette, cleanliness and sanitation

• Individually pack meals, if provided• Consider having all EEs wear cloth face coverings• Regularly clean and disinfect• Place signage to remind EEs of best hygiene practices

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Group insurance policies are underwritten by Sun Life Assurance Company of Canada (Wellesley Hills, MA) in all states except New York. In New York, group insurance policies are underwritten by Sun Life and Health Insurance Company (U.S.) (Lansing, MI).

© 2020 Sun Life Assurance Company of Canada, Wellesley Hills, MA 02481. All rights reserved. Sun Life Financial and the globe symbol are registered trademarks of Sun Life Assurance Company of Canada. Visit us at www.sunlife.com/us.

GAMSPPT-9363a_STATE SLPC 30097 04/20 (exp 04/21)

This content is not to be considered legal advice. We recommend Clients speak with legal counsel specializing in labor and employment law to ensure your organization meets requirements.