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May 19, 2020

COVID-19 Update: New York State Guidance on Reopening

Businesses

Under New York State’s reopening plan (the “NY Forward Reopening Plan”), non-essential businesses in

metrics established by the State to protect public health.

I. Key Takeaways

 Non-essential businesses in New York State should monitor the NY Forward Reopening Plan website

and applicable Executive Orders to determine when their industry is eligible to reopen in any relevant

 All businesses—both essential and non-essential—should develop a written COVID-19 Reopening

Safety Plan, by using New York State’s Safety Plan template (the “Safety Plan template”) or drafting

authorities in the event of an inspection.

 Essential and non-essential businesses should review and affirm their obligations to comply with

industry-specific guidelines on the NY Forward Reopening Plan website. Currently, guidelines for

governor-cuomo-announces-five-regions-will-begin-reopening-today.

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II. NY Forward Reopening Plan

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State’s Executive Order imposing in-person restrictions on non-essential businesses remains in effect.

 Phase Two: professional services, retail, administrative support, real estate/rental & leasing;

 Phase Three: restaurant/food services;

 Phase Four: arts/entertainment/recreation and education.

website to determine when they can reopen, and what mandatory public health and safety standards will

Every business—both non-essential businesses that reopen and essential businesses that continue in-

See New York State, Industry Reopening by Phase, https://forward.ny.gov/industries-reopening-phase. As of the date of this

Memorandum, six of the State’s 10 regions (Central New York, Finger Lakes, Mohawk Valley, North Country, Southern Tier

and Western New York) have met the seven metrics required to begin reopening.

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Executive Order No. 202.31 (May 14, 2020), https://www.governor.ny.gov/news/no-20231-continuing-temporary-suspension-

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See NY Forward: A Guide to Reopening New York & Building Back Better, at 56,

https://www.governor.ny.gov/sites/governor.ny.gov/files/atoms/files/NYForwardReopeningGuide.pdf

New York State, New York Forward Business Reopening Lookup Tool, https://www.businessexpress.ny.gov/app/nyforward.

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the completed Safety Plan. All businesses must agree to take the specific measures set forth in the Safety

Physical Distancing Requirements

industry-specific physical social distancing (e.g., shift changes, lunch breaks).

 Tightly confined spaces must be occupied by only one individual at a time, unless all occupants are

wearing face coverings and occupancy is kept under 50% of maximum capacity.

 Post social distancing markers using tape or signs that denote six feet of spacing in commonly used and

other applicable areas of the workplace.

 Limit in-person gatherings as much as possible and use tele- or video-conferencing whenever possible.

distancing among participants.

 Establish designated areas for pick-ups and deliveries, limiting contact to the extent possible.

 Develop a plan for implementing physical distancing requirements with respect to customers and

hand washing before and after contact.

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 Comply with hygiene and sanitation requirements from the Centers for Disease Control and Prevention

(the “CDC”)

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and the DOH

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and maintain cleaning logs on site that document date, time and scope of

cleaning.

 Provide and maintain hand hygiene stations for employees and conduct regular cleaning and

disinfection of the workspace at least after every shift, daily or more frequently as needed, and frequent

cleaning and disinfection of shared objects and surfaces, as well as high-transit areas.

Communication Requirements

 Post signage throughout the site to remind employees to adhere to proper hygiene, social distancing

information to be logged but are not mandated to do so.

 If an employee tests positive for COVID-19, immediately notify state and local health departments and

cooperate with contact tracing efforts.

Screening, Contact Tracing and Disinfection Requirements

 Implement mandatory health screening assessment (e.g., questionnaire, temperature check) before

employees begin work each day and for essential visitors, asking about (i) COVID-19 symptoms in the

https://www1.nyc.gov/assets/doh/downloads/pdf/imm/disinfection-guidance-for-businesses-covid19.pdf.

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 Develop a plan for cleaning, disinfection and contact tracing in the event an employee tests positive for

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based on working conditions with the New York State Department of Labor.

specific guidance for Phase One industries is currently available on the website, and relevant guidance for

Phase Two, Three and Four industries is expected shortly.

Please refer to our April 27 Memorandum

https://forward.ny.gov/ny-forward

See id.

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For additional resources and real-time updates regarding new legal developments in connection with

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