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Responsible Restart Ohio: Stay at Home Stays in Place – First Phase of Back to Work with Precaution and Protocols

Client Alert
April 27, 2020

Governor Mike DeWine announced new plans today regarding the reopening of Ohio, including the first wave of businesses to welcome employees and customers back inside.

This will not be a rapid process and that is by design, as DeWine emphasizes that the guiding principles behind Ohio’s plan are to protect the health of employees, customers and their families, support community efforts to control the spread of the virus and to take the lead in responsibly getting Ohio back to work.

Here are 6 Protocols for ALL businesses:

  1. Require face coverings for employees and clients/customers at all times. Although Employers are not required to provide masks, and a cloth covering is recommended, we advise that Employers do attempt to provide masks in order to limit exposure to liability.
  2. Conduct daily health assessments by employers and employees (self-evaluation) to determine if "fit for duty."
  3. Maintain good hygiene at all times -- hand washing and social distancing.
  4. Clean and sanitize workplaces throughout workday and at the close of business or between shifts.
  5. Limit capacity to meet social distancing guidelines:
    1. Establish maximum capacity of 50% of fire code and use appointments, where possible, to limit overcrowding.
  6. Contact the local health district about suspected cases or exposures. Click here to find your district.

Ohio’s Timeline by Industry

  • Healthcare and Related – MAY 1
    • As of May 1: All healthcare procedures and operations that can be done that do NOT require an overnight stay in a hospital can take place. Emergency procedures and operations can still take place now, per the previous Executive Order. There will be future guidance on other procedures and operations that require an overnight stay.
    • As of May 1, dentists and veterinarians can be fully operational without limitations.
  • Manufacturing, Distribution & Construction - MAY 4
    • As of May 4, firms can re-open if they have not been open through the pandemic. 
    • All such businesses must follow the above protocols, plus these mandatory sector-specific guidelines.
  • Office Settings – MAY 4
    • As of May 4, office settings can reopen, however, work-at-home is recommended as much as possible.
    • Must follow the above protocols, plus these mandatory sector-specific guidelines.
  • Consumer & Retail – MAY 12
    • As of May 12, consumer retail and general services can reopen. 
    • Must follow the above protocols, plus these mandatory sector-specific guidelines.

NOTE: No formal announcement regarding restaurants, bars, gyms, hair salons, and spas reopening.

BMD will keep you apprised of additional guidance and protocols as they are released over the next several weeks. If you have any questions, please contact your primary BMD attorney.

Responsible Restart Ohiostay at homeback to workGovernor Mike DeWineOhio
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New Year, New Laws, Old Form Documents? Exhibit A: Changes in Florida’s Real Estate Contracts

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Sports Betting Legal in Ohio

January 18, 2022Ohio has made sports betting legal with Governor DeWine signing House Bill 29 into law on December 22, 2021. The Casino Control Commission will regulate sports betting in Ohio and estimates that the launch date for sports betting will be January 1, 2023.Client Alert

Banking and Cannabis: Is it Legal

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Protections Under Federal and Ohio Law for Bona Fide Prospective Purchasers of Contaminated Property

November 17, 2021Most industrial/commercial property developers are generally aware of the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), often also referred to as “Superfund”. CERCLA, a United Stated federal law administered by the U.S. Environmental Protection Agency, was created, in part, because the U.S. Environmental Protection Agency recognized that environmental cleanup could help promote reuse or redevelopment of contaminated, potentially contaminated, and formerly contaminated properties, helping revitalize communities that may have been adversely affected by the presence of the contaminated properties. Commercial property developers should be aware that CERCLA provides for some important liability limitations for landowners that own contaminated property impacted by materials hazardous to the environment. It can also assist with landowners concerned about the potential liabilities stemming from the presence of contamination to which they have not contributed. In particular, CERCLA provides important liability limitations for landowners that qualify as (1) bona fide prospective purchasers (BFPPS), (2) contiguous property owners, or (3) innocent landowners.
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