Massachusetts Governor Charlie Baker has released a four-phase reopening plan to allow businesses to reopen in a gradual, safe manner.  In the phased plan, different business sectors will be allowed to open in different stages.  Businesses operating out of a general office space may begin opening May 25, 2020 if located outside of Boston and starting June 1, 2020 if located in Boston.

In order to open, an office must meet specific COVID 19 workplace safety standards as described in the Governor’s protocols and best practices guide.  The guidelines clearly state a preference for remote staffing whenever feasible.  For businesses unable to operate remotely, the workplace safety standards are organized around four distinct categories covering Social Distancing, Hygiene Protocols, Staffing and Operations, and Cleaning and Disinfecting.  In addition to the safety standards, an office must post a Compliance Attestation poster, Employer and Worker posters, and draft a COVID 19 Control Plan.

Here are some of the key provisions of the requirements:

Social Distancing

Businesses shall limit occupancy to no more than 25% of the certified maximum occupancy and shall require all employees to either maintain separation of six feet or wear face coverings when six feet separation is not possible. Additionally, businesses are required to take steps to reduce congregation and high-density areas among staff and visitors.  The guidelines offer strategies to reduce contact, such as staggered work schedules, improved ventilation and increasing cubicle partition heights to taller than standing workers.

Hygiene Protocols

Businesses shall ensure ample access to hand-washing facilities and supply workers with adequate cleaning products.  The safety standards require daily cleaning and sanitation of high-touch areas such as doorknobs and restrooms, and to disinfect shared equipment in between uses.

Staffing and Operations

Before opening an office space, a company must establish and communicate a COVID 19 Control Plan.  The state has posted a plan template, although the safety standards for office spaces require the plan to contain additional information not included in the state’s template.  The office safety standards also require companies to include an Isolation, Contact Tracing and Communication Plan in the event an employee is diagnosed with COVID 19 or comes in close contact with an individual diagnosed with COVID 19.   Companies are also to provide educational materials to staff and to encourage employees to report a diagnosis to the employer so it can be reported to the local Board of Health to assist in contact tracing efforts.  Workers must stay home if feeling ill.

Cleaning and Disinfecting

Frequent cleaning should be done at least daily but more often if feasible, especially for high traffic areas.  Companies are also required to maintain cleaning logs that include the date, time and scope of the cleaning.  In the event of a positive case, the office should be shut down until a deep cleaning and disinfecting can be performed.

A complete reading and understanding of the state’s requirements are necessary before a company reopens its office.  Stiles Law is tracking the developments and a team member can provide assistance to your business when preparing to reopen.  You can contact Stiles Law at 781-319-1900.