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Essential Business Employers Already Open Need to Implement New York Forward Safety Reopening Guidelines

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Phase 1 of the New York Forward Reopening plan started last Friday, May 15th.  The requirements for all reopening employers are detailed and not negotiable, as stringent as the New York PAUSE Guidelines enacted on March 22, 2020 to protect NYS residents from COVID-19

Each reopening employer in Phase 1 (and subsequent phases) needs to prepare the following documentation:

Safety plan template

  • Does not need to be submitted to the New York state, however it must be complete and posted for employees and ready for state and local health department inspection before a business reopens;

Online affirmation form

  • Before reopening, the employer must affirm to NYS via electronic signature before reopening that they will abide by both the New York Forward reopening guideline and their own Reopening safety plans.

Governor Cuomo also outlined additional guidelines and protocols for phase one businesses as they begin to reopen;below is a partial list of additional documents and other requirements for each Phase 1 reopening business:

Residential / Commercial Construction:

Guideline summary

Detailed guidelines and online affirmation form

  • All workers must have masks and wear them when within six feet of another worker
  • Employers must provide masks to all employees
  • No congregate meetings

Retail:

Retail Business Owners – Curbside Pickup

  • Employee and purchaser in vehicle must wear a mask, gloves preferred
  • Hand sanitizer must be made available

Retail Business Owners – In-Store Pickup

  • Requires ordering ahead – pre-arranged orders
  • Social distancing required in store
  • No more than 50 percent of maximum occupancy
  • Patrons must wear masks
  • Store employees must wear masks, gloves preferred
  • Hand sanitizer must be made available.

Compliance with the New York Forward guidelines above is also mandatory for the essential business employers open since March 22, 2020. These guidelines will clear up any lingering confusion as to what all employers must prepare for their workplaces and their employees, and illustrated by these FAQs on the NYS Empire State Development website:

  1. My business was previously allowed to operate because I am providing a support function to an essential business. However, I am not in a Phase 1 industry or region. Am I allowed to continue operating?
    Answer:     Yes, your business is permitted to continue operations in support of an “essential” business designation, as previously permitted. You may be subject to additional health related requirements, to the extent you were not following such guidance prior. Please refer to the Essential Business Guidance and industry-specific documents HERE.
  2. If I am an essential business, am I subject to the new operating requirements detailed in the Guidance?
    Answer:     Yes. The increased measures detailed in the Guidance are in furtherance of public health and safety, and all businesses as well as units of State and local government are required to ensure this standard of safety.
  3. My industry is not included in the newly posted Guidance, but my business, or certain parts of my business functions were “essential” under ESD’s Essential Business Guidance. Am I permitted to continue operating?
    Answer:     Yes, if your business or business function is currently “essential” under ESD’s Essential Business Guidance, you may continue to operate. Please continue to regularly check the New York Forward site for guidance that is applicable to your business or certain parts of your business functions. Once guidance is posted that is applicable, you should read and affirm that you are operating in accordance with the health and safety requirements designed to protect your employees and customers.

Whether you’ve been open continuously as an essential business employer or now opening as part of New York Forward Phase 1 (and subsequent phases): are you ready in and in compliance to protect employees, customers, visitors from COVID-19 in your workplace?