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Essential Businesses in Ohio: Today’s Announcements Apply to You

Client Alert

Governor DeWine announced the “Responsible Restart Ohio” program this afternoon to set the stage for reopening certain areas of the Ohio economy. Matt Heinle and Jeff Miller posted on the overall requirements today. While the announcement and our post focused on reopening certain businesses, the mandatory requirements and recommendations apply to ALL businesses, including those which had been open and operating as an Essential Business.  

What am I required to do?

Governor DeWine published five protocols for all businesses:

  1. No mask, no work, no service, no exception. Require face coverings for employees and clients/customers at all times. Face coverings include surgical-type masks as well as cloth masks, handkerchiefs, scarves, etc. These masks can be provided by the employee or the employer.
  2. Conduct daily health assessments by employers and employees (self-evaluation) to determine if “fit for duty.” Remember not to record individual temperatures, just whether the health assessments have been conducted.
  3. Maintain good hygiene at all times – hand washing, sanitizing and social distancing. These are similar requirements to what was already in place under the original Stay at Home Order.
  4. Clean and sanitize workplaces throughout workday and at the close of business or between shifts.
  5. Limit capacity to meet social distancing guidelines. Maximum capacity should be 50% of fire code. Also, use appointment setting and staggered shifts where possible to limit congestion.  

When am I required to do these?

There is no reason to delay implementation, but today’s announcements give you time to get into compliance. 

 What do I do if an employee or customer tests positive?

The requirements are much more stringent than a positive test. If there is even a suspected case or exposure, employer must contact the Local Health District.  The other obligations are in the links above. 

Where can I get more help understanding how to operate and address employee concerns?

Contact the BMD Labor and Employment team. Right now, a business is most likely to get into trouble when its employees feel unsafe and report their employer to the public health department. Additionally, the sanitization and safety measures may create wage and hour concerns. We can help you develop your plan to reopen to ensure your employees and customers feel safe returning to your workplace. 

For more information, contact Jeffrey C. Miller at 216.658.2323 or jcmiller@bmdllc.com or Ashley B. Watson at 614.246.7518 or abwatson@bmdllc.com.


House Bill 249: Key Updates to Involuntary Hospitalization Law for Mental Health Providers

House Bill 249 (HB 249) proposes changes to Ohio Revised Code (ORC) Sections 5122.01 and 5122.10 to expand the conditions under which a person with a mental illness can be involuntarily hospitalized.

Starting an Advanced Practice Provider Practice

Advanced practice providers (APPs), which includes non-physician providers such as nurse practitioners, physician assistants, and nurse anesthetists, commonly start their own healthcare practices. Practices may provide, for example, service offerings such as primary care, anesthesiology, mental health, and aesthetics (medical spas). However, there are a number of considerations and steps that must be taken for APPs to compliantly function independently.

FTC Increases Targeting of Companies Lacking Cyber Protection

The Federal Trade Commission (FTC) recently released a comprehensive cybersecurity report outlining key findings and recommendations based on emerging threats, trends in data breaches, and strategies for businesses to enhance their cybersecurity posture observed over the last year.

New Federal Medical Conscience Rule and Its Implications

The Department of Health and Human Services Office for Civil Rights issued a Final Rule to clarify protections for healthcare providers who refuse services based on religious or moral beliefs. This includes protection against discrimination for refusing procedures like assisted suicide or abortion. The OCR can receive complaints, conduct investigations, and enforce these protections. Entities are encouraged to update policies accordingly and display a model notice provided by the OCR.

Marijuana Reclassification and APRN/PA Prescribing

Marijuana is expected to be reclassified by the Drug Enforcement Administration (DEA) from a Schedule I controlled substance to a Schedule III controlled substance as a result of efforts by the Biden administration.