NYS recently released Phase II guidelines and they can be found on the New York Forward website. The guidelines apply to non-essential businesses in regions that are permitted to reopen, essential businesses throughout the state that were previously permitted to remain open, and commercial and recreational activities that have been permitted to operate statewide with restrictions. Here is a breakdown of Phase II industries:
Phase II:
- Offices
- Real Estate
- Essential and Phase II In-Store Retail
- Vehicle Sales, Leases, and Rentals
- Retail Rental, Repair, and Cleaning
- Commercial Building Managements
- Hair Salons and Barbershops
The Governor’s Executive Orders say that the following businesses must remain closed:
- Malls; specifically, any indoor common portions of retail shopping malls with 100,000 or more square feet of retail space available for lease; however, any stores located within shopping malls, which have their own external entrances open to the public, separate from the general mall entrance (e.g. strip malls), may open;
- Dine-in and on-premise restaurant or bar service, excluding take-out or delivery for off-premise consumption;
- Large gathering/event venues, including but not limited to establishments that host concerts, conferences, or other in-person performances or presentations in front of an in-person audience;
- Gyms, fitness centers, and exercise classes, except for remote or streaming services;
- Video lottery and casino gaming facilities;
- Movie theaters, except drive-ins; and
- Places of public amusement, whether indoors or outdoors, including but not limited to, locations with amusement rides, carnivals, amusement parks, water parks, aquariums, zoos, arcades, fairs, children’s play centers, funplexes, theme parks, bowling alleys, family and children’s attractions.
NYS has provided a “Business Reopen Lookup Tool” to help determine whether or not your business is eligible to reopen and industry specific guidance for businesses reopening within Phase One.
Similar to Phase I, the New York Forward guidance calls for businesses to prepare and retain on their premises a COVID-19 Health and Safety plan. Template Health and Safety Plans along with a list of FAQs can be found on the New York Forward website. It should be noted that the reopening standards apply to both essential and nonessential businesses.
CDC and OSHA Safety Standards
The CDC and OSHA organizations have both released COVID-19 guidance for employers. This guidance includes information on social distancing, sanitizing/cleaning, reducing workers’ risk of exposure, continuous health screening processes and more. The CDC has also released a Workplace Decision Tool to help businesses with considerations for reopening during the COVID-19 Pandemic.
If you have any questions on reopening in NYS, please contact Caroline Organ, Director of Human Resources at 854-5034 or cmo@bspcpa.com.