{"id":1117,"date":"2020-05-12T18:25:12","date_gmt":"2020-05-12T18:25:12","guid":{"rendered":"https:\/\/www.bowditch.com\/craftbrewerylegalblog\/?p=1117"},"modified":"2022-05-19T12:05:46","modified_gmt":"2022-05-19T16:05:46","slug":"massachusetts-four-phase-reopening-plan-and-mandatory-workplace-safety-standards-heres-what-you-need-to-know","status":"publish","type":"post","link":"https:\/\/www.bowditch.com\/craftbrewerylegalblog\/2020\/05\/12\/massachusetts-four-phase-reopening-plan-and-mandatory-workplace-safety-standards-heres-what-you-need-to-know\/","title":{"rendered":"Massachusetts\u2019 Four-Phase Reopening Plan and Mandatory Workplace Safety Standards: Here\u2019s What You Need To Know"},"content":{"rendered":"

Yesterday, Governor Baker announced<\/a>\u00a0a four-phase approach to reopening the Massachusetts economy amidst the COVID-19 pandemic and published Mandatory Workplace Safety Standards that will apply across all sectors and industries once reopening begins.<\/p>\n

So far, the Governor has only provided the broad outline of the plan and has not yet disclosed several important details, including which industries can reopen during Phase One.\u00a0 Here is what we know about the plan and associated Mandatory Workplace Safety Standards:<\/p>\n

Four-Phase Reopening Plan<\/h2>\n

Information about the four-phase reopening plan can be found here<\/a>.\u00a0 This is an overview of the plan:<\/p>\n

Phase One\u2014\u201cStart\u201d:\u00a0 <\/strong>During Phase One, \u201climited industries\u201d can resume operations with \u201csevere restrictions.\u201d\u00a0 The Governor has stated that \u201cindustries more naturally set up to have little face-to-face interactions and workplaces that are better able to manage face-to-face customer interactions with certain conditions\u201d will be the types of businesses permitted to reopen during Phase One.<\/p>\n

Phase One will begin on or around May 18<\/strong>, depending on the progress of COVID-19 in the state.\u00a0 All businesses open during Phase One will be required to follow the Mandatory Workplace Safety Standards, and may also be required to follow additional industry-specific safety standards which have not yet been published.<\/p>\n

We expect that more information about Phase One, including which industries and sectors can reopen, will be released by the end of next week.<\/p>\n

Phase Two\u2014\u201cCautious\u201d:<\/strong>\u00a0 During Phase Two, \u201cadditional industries\u201d will resume operations with \u201crestrictions and capacity limits.\u201d\u00a0 During this phase, \u201cmore industries\u201d with \u201cmore face-to-face interactions\u201d can resume operations with restrictions that have not yet been announced.<\/p>\n

Phase Three\u2014\u201cVigilant\u201d:\u00a0 <\/strong>During Phase Three, \u201cadditional industries resume operations with guidance.\u201d\u00a0 This guidance has not yet been released.\u00a0 In addition, some of the restrictions imposed during Phases One and Two may be \u201cloosened\u201d during Phase Three if warranted by the public health data.<\/p>\n

Phase Four\u2014\u201cNew Normal\u201d:<\/strong>\u00a0 The plan indicates that the development of a vaccine and\/or therapy will enable Massachusetts to move to Phase Four\u2014the resumption of a \u201cnew normal.\u201d\u00a0 No further information has been released regarding Phase Four.<\/p>\n

Public health metrics will determine when the first phase begins, as well as when it is safe to move into later phases.\u00a0 If public health metrics worsen, the state may return to an earlier phase.<\/p>\n

Currently, there is no timeline for the four-phase plan other than the anticipated start date \u201caround May 18.\u201d\u00a0 When asked about a timeline, the Governor noted that other states created phases lasting three to four weeks, subject to change if required by public health metrics, and stated that Massachusetts would probably follow a \u201csimilar model.\u201d<\/p>\n

Mandatory Workplace Safety Standards For All Businesses Open During Phase One<\/h2>\n

The Massachusetts Department of Public Health and the Governor\u2019s COVID-19 Command Center have developed and published Mandatory Workplace Safety Standards<\/a>.<\/p>\n

The Standards are applicable to all sectors and industries open in Phase One, and create new workplace requirements for social distancing, hygiene, staffing and operations, and cleaning. \u00a0They were released yesterday to give employers time to plan and prepare for reopening.<\/p>\n

Among other things, the Standards require all employers to:<\/p>\n