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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.


COVID-19 & Your Construction Business - A Triage Checklist

Many business operations are shutting down at an alarming pace. The coronavirus (“COVID-19”) pandemic is already impacting the construction industry and creating uncertainty for the progress of current and future projects. Small/mid-size businesses may not be in financial position to sustain prolonged economic revenue declines. Navigating the next few months will be vital in preserving existing business relationships and planning for future business when the conditions improve. BMD offers some practical advice to manage risks and take reasonable precautions during this pandemic. The following checklist is designed to help you identify prudent actions so you can successfully navigate the unknown

Coronavirus Update for Employers - March 16, 2020

The key point for Employers to remember: It will be difficult for Employers to make a wrong decision. The Coronavirus/COVID-19 is a “pandemic,”, which means that there is sustained human-to-human transmission which is not geographically contained. It also means that Employers are given leeway in their workforce decisions. “During a pandemic, employers should rely on the latest CDC and state or local public health assessments.” – EEOC Employers are expected to make their best efforts to obtain public health advice that is contemporaneous and appropriate for their location, and to make reasonable assessments of conditions in their workplace based on this information.

IRS Issues Guidance Relating to High Deductible Health Plans and Coronavirus Testing

In response to the Coronavirus/COVID-19 pandemic, the IRS has released guidance in Notice 2020-15 relating to the testing and treatment for individuals covered by a High Deductible Health Plan (HDHP).

OCR, HHS Issue 2020 HIPAA and Coronavirus Bulletin

The Office of Civil Rights and the U.S. Department of Health and Human Services has issued a bulletin on HIPAA Privacy and Novel Coronavirus, including important insights around sharing patient information if an outbreak of infectious disease or other emergency situation arises. Note that the protections of the Privacy Rule are not void during an emergency.

Nation’s First Conviction Under EKRA

Last month, the Department of Justice announced its first ever guilty plea under the Eliminating Kickbacks in Recovery Act of 2018 (“EKRA”).