Member Article

With COVID-19 numbers beginning to stabilize and some states announcing re-opening dates, many businesses are starting to see the light at the end of the tunnel. With that, many employers are asking key questions: What do we do to get ready and how do we do so without jeopardizing the safety of our workforce and our customers or clients?

There is much to consider and there seems to be no crystal clear path forward for employers. It appears that each federal, state and/or local government will ease restrictions differently depending on certain criteria and prevalence of COVID-19 geographically. It is unclear when that will happen and exactly what criteria will be used by each entity. Further,it's unclear how much coordination or consistency there will be between and/or amongst them.

While we are all aching to get back to normal, the thoughts of doing can seem daunting. To address these concerns and the questions raised by many employers, we have identified some of the broader issues to consider as we continue to hear from federal, state and/or local authorities about reopening strategies and criteria.

An Overview of the National Framework for Reopening

On April 16, the White House Coronavirus Taskforce announced its plan for reopening America after COVID-19. While the ultimate decisions about when to reopen will be left to governors based upon the conditions in individual states, the Taskforce proposed three phases of reopening, with each new phase triggered by meeting certain standards, called “gating.” Each phase contains specific guidelines for individuals, all employers, and specific employers in certain sensitive industries. These national guidelines are the overarching framework for any reopening.

When evidence in a state supports a “downward trajectory of documented cases within a 14-day period” or a “downward trajectory of positive tests as a percent of total tests within a 14-day period,” a state may enter Phase 1 of reopening.

According to the White House, states that have already met this standard were authorized to begin Phase 1 as early as April 17. In Phase 1, individuals are expected to maintain social distancing. Employers are to consider special accommodations for vulnerable populations, encourage telework whenever possible, return to work in phases, close common areas where personnel are likely to congregate, enforce strict social distancing protocols, minimize non-essential travel, and adhere to CDC guidelines regarding isolation following travel. Youth activities, senior living facilities, and bars and restaurants are to remain closed, while large venues, gyms, and elective surgeries are allowed to begin operating under strict protocols for distancing and sanitation.

States may enter Phase 2 if they do not experience a significant rebound of cases after 14 days. In Phase 2, individuals may resume non-essential travel and gather in groups of not more than 50 people, while vulnerable populations continue to shelter in place. Employers are to continue to encourage telework where possible, close common areas, and consider special accommodations for vulnerable populations but may resume non-essential travel. Youth activities, large venues, elective surgeries, gyms, and bars and restaurants will be allowed to reopen with less strict distancing protocols, while senior living facilities are to remain closed.

Phase 3 is the “returning to normal” phase. States may enter Phase 3 if there is no rebound of cases after 14 days in Phase 2. Vulnerable individuals may resume public interactions while practicing social distancing, while low-risk populations are cautioned only to minimize time spent in crowded environments. Employers are allowed to resume unrestricted staffing of work sites. And all sensitive industries, including senior living facilities, hospitals, large venues, gyms, and bars, may reopen with minimal distancing protocols.

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