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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

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.


Legal Uncertainties Remain Following Passage of Issue 1 in Ohio

In the November 2023 General Election, Ohio voters passed Issue 1 which, among other things, “[e]stablish[es] in the Constitution of the State of Ohio an individual right to one’s own reproductive medical treatment, including but not limited to abortion”. Despite passage of Issue 1, questions persist about how its codification on December 7 affects previously passed legislation restricting abortion and related pending court cases.

NLRB Issues Final Rule on Joint-Employer Status

On October 26, 2023, the National Labor Relations Board (NLRB) issued its final rule on determining joint-employer status, departing from its prior 2020 standard. The final rule provides that two or more entities may be considered “joint employers” if each entity has an employment relationship with employees and if the entities share or codetermine one or more employees’ essential terms and conditions of employment. The final rule goes into effect on December 26, 2023, and will only be applied to cases filed after the effective date.

WEBINAR SERIES RECAP | Employment & Labor

BMD Partner and Co-Chair of the Employment & Labor Law Group, Bryan Meek, presented this four-part webinar series on trending topics in employment law.

Ohio Legalizes Recreational Marijuana; What’s Next for Ohio Employers?

Recent Changes to the No Surprises Act’s Federal IDR Process

Proposed changes to the No Surprises Act’s independent dispute resolution (IDR) process were recently issued by the Department of Health and Human Services, Department of Labor, Department of Treasury, and the Office of Personnel Management. The October 27, 2023, proposed rule overhauls the current Federal IDR process in an effort to create efficiencies and reduce delays relating to eligibility determinations and address feedback from interested parties and certified IDR entities.