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State Updates Safe Workplace Rules Yet Again — Modifying New Mask Rule

Let’s face it: Trying to keep up with all the pandemic-related employment rules released by the state only to see them modified again and again, is challenging to say the least. And yet, the Safe Workplace Rules for Essential Employers have been modified yet again Tuesday night by the Department of Economic and Community Development, just two business days after they were already updated to ask masks as a requirement. The modifications don’t just fix a typo, but significantly change what had been put in place over the weekend by reducing the need for employees to wear a mask at all times. Effective immediately, in workplace settings where employees are working alone in segregated spaces (i.e. cubicles with walls, private offices, etc.), employees may remove their masks . But, workers need to wear masks or face coverings “from the time they enter the building until the time they arrive at their cubicle/work station and at any time they are leaving their work station an...

State Makes Masks Mandatory in the Workplace, Including Retail Stores

Governor Lamont late Friday issued new Executive Order 7BB, making it mandatory that everyone wear a mask or cloth face-covering in any public place where he or she is unable to maintain a safe social distance of at least six feet. The EO goes into effect on Monday, April 20th at 8 p.m. and also applies to any means of transit, including ride-sharing. The EO also requires DECD to update its safe workplace and safe retail store rules setting forth additional requirements for those settings. Thus, late Friday, DECD issued new workplace rules (here) and new retail store rules (here). Both appear to be effective immediately and run until at least May 20, 2020.  The rules require masks for all employees and customers. Specifically, in the workplace : Each employee shall be required to wear a mask or other cloth material that covers his or her mouth and nose at all times while in the workplace. Employers shall issue such masks or cloth face coverings to their employees. In the event an ...

Coronavirus Update: Offices May Reopen on May 20th With Strict Rules

Updated 10:15a, May 9, 2020 Late Friday afternoon, Governor Lamont announced that Phase I reopenings will occur as soon as May 20, 2020.  These will include “non-essential” offices that had been closed, restaurants, retail stores and hair salons.  Early on Saturday, we also got all the detailed rules that will need to be met to reopen; we’ll have a full update on my firm’s website after a full review . You can download the rules for offices here. The basic outline for the reopening rules are set forth is fairly consistent with the “Safe Workplace” rules for essential workplaces and also my posts on the subject as well. Here’s what you can look for, according to the early details released in the press conference: Offices should be limited to 50 percent capacity Employees should still work from home where possible Meetings are subject to a five person limit Employees should be seated at least six feet apart and employers should leave des...

Thursday Night Recap: Unemployment and Non-Profits, Reopening in May and Hope

Today (April 30th) was filled with more news for employers and, for the first time in a while, some of it was hopeful. Governor Ned Lamont gave the broad outline of a plan to reopen the state (as I predicted early this morning) though the plan’s details depend on control of the pandemic. What we do know is that if certain trends continue, some businesses will be allowed to reopen on May 20th including some retail (smaller stores), restaurants (outdoor seating only),, offices (with work from home still recommended), nail and hair salons, and some outdoor areas of museums and zoos. Lamont has indicated that masks will be required for most activities at this first stage.  Which additional businesses will be permitted to open and when is still very much to be decided.  No doubt that day camps and pools will be heavily discussed as numerous parents rely on such camps to watch their kids during the summer months. As of publication, the exact details of the reopening hadn...

What’s Next?

Memorial Day Weekend, in addition to a time of reflection and observance, is also a time when many of us look at our summer plans and figure out the next three months. But like many of you, our summer plans have been cancelled. Kids aren’t going to camp. We’re not going on a trip. Even my annual ABA meeting — which I’ve done for over 15 years — has moved virtual. On the flip side, I do see a lot more grilling in my future. For employers, it’s a similarly challenging and strange time. In talking with people over the last week or so, I’m struck by how many people are not going back to the office anytime soon. Some have said maybe Labor Day.  One person told me it’ll be 2021 before he goes back; his office has realized how effective remote working can actually be. The truth is there’s no playbook for what happens next.  Clearly, restaurant and retail have been eager to reopen — and understandably so. But offices? Less s...

Five Things Employers Should Consider Before Reopening

If you told me in January that I’d spend a week in May: Holding a surprise car parade (“What’s a car parade?”, I’d be asking) for my wife’s birthday; Sitting 10 feet apart outside in a cul-de-sac with a friend sharing stories; Wearing a Hartford Whalers mask when walking outside; Receiving online grocery deliveries (and wiping off the groceries upon arrival); Having a law school class reunion on Zoom (“What is Zoom?”), and, Doing all my work at home (with multiple video calls a week!); I’d have said that you have quite a colorful imagination. And yet here we are. Despite the madness of the last two months, the fact remains that we are all pretty resiliant in way or the other. We adapt. Things that were completely foreign to us only two months ago, are now seemingly a way of life.  Most of us are doing what we need to do to survive and stay safe. For employers, this week presents a new challenge — adapting to the new rules ...

Pick a Mask, Any Mask? Not So Fast, Says OSHA

A few weeks ago, I did an inital post about how the new OSHA guidance on masks only served to complicate efforts for employers to comply with any such rules. This week, my colleague Alfredo Fernandez (with only a little help from me — byline notwithstanding) posted a more thorough post on the ins and outs of masks, face coverings and personal protective equipment. You can read the entire post here.  Here’s a sneak peek: The U.S. Occupational Safety and Health Administration (OSHA) recently issued guidance to answer frequently asked questions (FAQs) about the proper use of cloth face masks “at work” during the COVID-19 pandemic. The OSHA guidance must be read in conjunction with any applicable state rules and orders, many of which currently mandate that employees wear a face covering with limited exceptions. Because face masks are an essential defense against the spread of COVID-19, understanding your employees’ respiratory health risks and establishing...

If You’re Asking About Masks, OSHA Only Confuses the Answer

What do you think of masks? Strangely, it seems a loaded question of late.  How masks became a political hot potato is something that historians will debate. Yesterday, Connecticut tried out a new slogan encouraging common-sense use of masks. The new slogan? “If you have to ask, wear a mask”. But that’s not the full story of course. In all of the state’s reopening rules, masks (and face coverings) are a key component — in stores, restaurants, offices, even amusement parks. OSHA has chimed in as well with a new FAQ purporting to recap existing regulations on the subject. If you read that, though, you might think that employers in Connecticut are exempt from provide masks to their workers now. Cloth face coverings are not considered personal protective equipment (PPE) and are not intended to be used when workers need PPE for protection against exposure to occupational hazards. As such, OSHA’s PPE standards do not require employers to provide them. ...