Western New York Region is currently heading in the right direction for meeting the metrics for Phase III reopening. Should the matrix continued to be met, those businesses reopening under Phase III may be able to as soon as June 16, 2020.
The following are permitted to open during Phase III: Food Services and Personal Care. Each of the mentioned industries have specific requirement which needs to be met for opening, some are shared by both:
Safety plan for reopening, templets available at Forward NY website
▪ Limit indoor capacity to no more than 50% of maximum occupancy, exclusive of employees.
▪ Limit outdoor capacity to the number of tables that can be safely and appropriately arranged, such that each table is a minimum of 6 ft. away from another.
▪ All indoor and outdoor tables with seating for customers must be separated by a minimum of 6 ft. in all directions. Wherever distancing is not feasible between tables, physical barriers must be enacted between such tables. Barriers must be at least 5 ft. in height and not block emergency and/or fire exits.
▪ Regardless of physical distance, employees must wear an acceptable face covering at all times.
▪ Patrons must wear face coverings at all times, except while seated; provided that the patron is over the age of 2 and able to medically tolerate such covering.
▪ Individuals seated at the same table must be members of the same party (but maybe from different households), with a maximum of 10 people per table.
▪ Seating in bar areas and communal tables are only permitted if at least 6 ft. can be maintained between parties.
▪ Clearly signal 6 ft. spacing in any lines for customers waiting to order, pick-up food, be seated, or use the restroom, as well as in any pick-up or payment location.
▪ Designate entrances/exits for customers and separate entrances/exits for employees, where possible.
▪ Limit in-person gatherings (e.g. staff meetings) to the greatest extent possible.
▪ Establish designated areas for vendor pickups and/or deliveries, limiting contact to the extent possible.
▪ Limit the workforce and customer presence to no more than 50% of the maximum occupancy, inclusive of customers, who must maintain 6 ft. of separation from others, except during the service, and, in all cases, only be permitted entry if wearing an acceptable face covering; provided that the customer is over age 2 and medically able to tolerate one.
▪ Ensure 6 ft. distance between individuals at all times, unless safety or the core activity requires a shorter distance (e.g. performing a piercing/tattoo, providing a massage, performing a manicure/pedicure).
▪ Employees must wear face coverings any time they interact with customers (e.g. performing a service, ringing up a purchase) and any time they come within 6 ft. of another person.
▪ Ensure that customer seating allows customers to maintain a 6 ft. distance from all others except for the employee providing service (e.g. tattoo and piercing workstations, massage tables, or salon workstations must be 6 ft. apart from each other), unless a physical barrier is in place per OSHA guidelines.
▪ Ensure that employees at appointment desks/cash registers maintain 6 ft. of distance from others, unless there is a physical barrier (e.g. plexiglass) between them, or the employee is wearing a face-covering; however, even with a barrier, employees must wear a face-covering any time they interact with a customer.
▪ Close waiting rooms.
▪ Put in place practices for adequate social distancing in small areas, such as restrooms and breakrooms.
▪ Establish designated areas for pickups and deliveries, limiting contact to the extent possible
Personal Care Only:
▪ Personal care services that require customers to remove face coverings (e.g. lip/nose piercings, face massage, facials, lip/nose waxing) are prohibited.
▪ Tattoo and piercing facilities must ensure that:
• Staff remove needles from sealed packages before every customer procedure. Any stencils or razors must also be clean and unused and discarded immediately after use.
• Standard DOH, OSHA & CDC guidelines for health and safety are followed.
Salons offering services including nail specialty, and waxing must ensure that:
• Manicure and pedicure baths and bowls are appropriately disinfected between each use. They must be thoroughly cleaned and disinfected with an EPA-approved solution.
• Hand/foot drying tables are appropriately cleaned and disinfected after each customer.
• All wax containers are replaced or cleaned and disinfected between each customer, and no double-dipping of applicators.
• Each new customer receives all new or cleaned and disinfected implements such as towels, finger bowls, spatulas.
• OSHA recommendations for health and safety in salons as well as the hygiene and sanitation requirements of Article 27 of the General Business Law, 19 NYCRR 160.19, 160.20, 160.21,160.22, and 160.24 are followed.
Facilities offering massage therapy and spa services must:
• Provide accommodations for clean and disinfected face coverings during massage in prone position (e.g. cotton pillowcase draped in face cradle) or avoid such positions altogether.
Employees may perform massages on customers in prone positions if the employee is equipped with both a face covering and face shield or eye protection. Ensure that customers don face covering when switching from prone to side or supine position.
• Ensure that all linens are changed between clients and laundered appropriately and that they are stored in appropriate containers between uses.
• Close saunas, steam rooms, or any other services that take place in enclosed spaces where it is inherently difficult to maintain social distancing and/or unsafe to wear an appropriate face covering.
• Clean and disinfect all tanning beds and booths between each use.
▪ Abide by any DOH guidance governing dining/beverage service areas.
▪ Provide workers with an acceptable face covering at no cost to the employee and have an adequate supply of coverings in case of need for replacement.
▪ Acceptable face coverings include but are not limited to cloth (e.g. homemade sewn, quick cut, bandana), surgical masks, and face shields.
▪ Ensure all staff wear face coverings at all times and that they practice hand hygiene and use bare hand barriers consistent with state and local sanitary codes.
• If employees wear gloves during non-food preparation activities, ensure they replace gloves frequently, and encourage them to change gloves when switching tasks (e.g. serving customers to pre-rolling silverware).
• If employees do not wear gloves, ensure they frequently wash their hands with soap/water.
▪ Clean, replace, and prohibit the sharing of face coverings. Consult the CDC guidance for additional information on cloth face coverings and other types of personal protective equipment (PPE), as well as instructions on use and cleaning.
▪ Train employees on how to don, doff, clean (as applicable), and discard PPE.
▪ Limit the sharing of objects (e.g. kitchen tools, pens, pads), as well as the touching of shared surfaces (e.g. doorknobs, keypads, touch screens); or, require workers to wear gloves when in contact with shared objects or frequently touched surfaces; or, require workers to perform hand hygiene before and after contact.
▪ Ensure that employees who are bussing tables wash their hands with soap/water and, if they wear gloves, replace the gloves before and after cleaning and disinfecting tables.
▪ Require customers to wear face coverings when not seated at a table (e.g. when waiting for pickup, placing an order at counter/window, walking to/from the table, walking to/from restroom).
▪ Encourage, but don’t require, customers, to wear face coverings when seated at a table and not eating and/or drinking.
▪ In food trucks and concessions where there are no running water stations, employees should wear gloves or regularly use hand sanitizer and continue to comply with federal, state, and local food handling and hygiene requirements.
▪ Customers must only be permitted entry into the facility if they wear an acceptable face covering, provided that the customer is over the age of 2 and able to medically tolerate such a covering.
▪ Provide employees with an acceptable face covering and protective equipment at no cost to the employee and have an adequate supply of coverings in case of need for replacement.
▪ Employees must wear a face covering that completely covers the nose and mouth and a face shield or safety goggles when providing service directly to customers.
▪ Acceptable face coverings include but are not limited to cloth (e.g. homemade sewn, quick cut, bandana), surgical masks, N95 respirators, and face shields.
▪ Employees must wear face coverings any time they interact with customers, even if they are 6 ft. or more apart.
▪ Tattoo and piercing facilities must ensure that all employees wear a surgical mask that completely covers the nose and mouth, eye protection (goggles and/or face shield), and disposable gloves when providing service directly to/on customers.
▪ Face coverings must be cleaned and disinfected or replaced after use or when damaged or soiled, may not be shared, and should be properly stored or discarded.
▪ Limit the sharing of objects (e.g. tattoo machines, oils, lubricants, brushes, nail files, clippers) and discourage touching of shared surfaces; or, require workers to wear
gloves (trade-appropriate or medical) when in contact with such objects/surfaces; or, require workers to perform hand hygiene before and after contact.
▪ Train staff on appropriate PPE donning and doffing procedures. Refer to CDC guidance.
Hygiene, Cleaning and Disinfection:
▪ Adhere to hygiene, cleaning, and disinfection requirements from the Centers for Disease Control and Prevention (CDC) and Department of Health (DOH) and maintain logs that document date, time, and scope of cleaning.
▪ Provide and maintain hand hygiene stations including handwashing with soap, running warm water, and disposable paper towels, as well as an alcohol-based hand sanitizer containing 60% or more alcohol for areas where handwashing is not available or practical.
▪ Provide and encourage employees to use cleaning and disinfection supplies for shared surfaces for use before and after use of these surfaces, followed by hand hygiene.
▪ Regularly clean and disinfect the establishment and more frequently clean and disinfect high-risk areas used by many individuals and for frequently touched surfaces (e.g. restrooms). Cleaning and disinfection must be rigorous and ongoing and should occur at least after each shift, daily, or more frequently if needed.
▪ Ensure that equipment is regularly cleaned and disinfected using registered disinfectants, including at least as often as employees change workstations. Refer Department of Environmental Conservation (DEC) products identified by the Environmental Protection Agency (EPA) as effective against COVID-19.
▪ Before returning to work, complete pre-return checks and assessments of kitchen systems to ensure a healthy and safe environment.
▪ Minimize the sharing of kitchen equipment between staff (e.g. knives, pots, rags/towels), where possible.
▪ Do not provide customers with devices (e.g. buzzers) to provide alerts to customers that seating or an order is available, unless such devices are thoroughly cleaned and disinfected between each use.
▪ Provide cleaning and disinfection of exposed areas in the event of an individual is confirmed to have COVID19, with such cleaning and disinfection to include, at a minimum, all heavy transit areas and high-touch surfaces.
▪ For take-out/delivery:
• Provide hand hygiene stations for customers waiting for food and/or drinks.
• Ensure staff wash hands with soap/water or use hand sanitizer; if staff use gloves, regularly replace them.
• If pick-up/delivery is indoors, ensure windows/doors are opened to allow for ventilation. Ensure all condiments provided directly to customers are in single-use disposable containers or reusable containers that are regularly cleaned/disinfected. If non-disposable menus are used, clean and disinfect the menus between each party’s use.
▪ Use pre-packaged silverware or pre-rolled silverware. Silverware must be pre-rolled while wearing masks and gloves.
▪ Adhere to hygiene, cleaning, and disinfection requirements from the Centers for Disease Control and Prevention (CDC) and Department of Health (DOH) and maintain logs on-site that document date, time, and scope of cleaning and disinfection.
▪ Provide and maintain hand hygiene stations, including handwashing with soap, water, and paper towels, as well as alcohol-based hand sanitizer with 60% or more alcohol for areas where handwashing is not feasible.
▪ Place hand sanitizer throughout the personal care facility for use by employees and customers.
▪ Ensure that employees wash hands for 20 seconds with soap and water or use an alcohol-based hand sanitizer before and after providing services to each customer.
▪ Provide and encourage employees to use cleaning and disinfection supplies before and after the use of shared and frequently touched surfaces, followed by hand hygiene.
▪ Conduct regular cleaning and disinfection at least after every shift, daily, or more frequently as needed, and more frequent cleaning /disinfection of shared objects and high-risk areas.
▪ Ensure that workstations (e.g. chairs, headrests, work surfaces, massage tables) and reusable tools are cleaned and disinfected between each customer.
▪ Require that all non-disposable implements (e.g. piercing guns, forceps/clamps, metal implements) are appropriately cleaned and disinfected after each use.
▪ For cleaning and disinfection, refer to the Department of Environmental Conservation (DEC) products identified by the Environmental Protection Agency (EPA) as effective against ▪ COVID-19. Tanning facilities may refer to DOH guidelines when choosing appropriate disinfectants.
▪ Leave time between appointments for full workstation cleaning and disinfection.
▪ Provide for the cleaning and disinfection of exposed areas in the event of a positive case of COVID-19, including all heavy transit areas and high-touch surfaces. Follow CDC guidelines on cleaning your facility after a suspected or confirmed case.
▪ Affirm you have reviewed and understand the state-issued industry guidelines, and that you will implement them.
▪ Post signage to remind employees and patrons to adhere to proper hygiene, social distancing rules, appropriate use of PPE, and cleaning and disinfection protocols.
▪ Immediately notify the state and local health department if a worker was in close contact with others and tests positive for COVID-19.
▪ Cooperate with contact tracing efforts, including notification of potential contacts in the workplace, while maintaining confidentiality required by state and federal law and regulations.
▪ Conspicuously post completed safety plans on-site.
▪ Implement mandatory daily health screening practices (e.g. questionnaire, temperature check) of their employees and, where practicable, vendors, but such screening shall not be mandated for customers and delivery personnel.
▪ At a minimum, screening must determine whether the employee or vendor has had: 1) COVID-19 symptoms in the past 14 days, (2) positive COVID-19 test in the past 14 days, and/or (3) close contact with confirmed or suspected COVID-19 case in past 14 days.
▪ Designate a point-of-contact as the party for workers to inform if they later are experiencing COVID-19-related symptoms, as noted in the questionnaire.
▪ Employees shall be tested for COVID-19 through a diagnostic test every 14 days, so long as the region in which the personal care workplace is located remains in Phase III of the State’s reopening.
▪ Implement mandatory health screening assessment (e.g. questionnaire, temperature check) for employees and, where practicable, vendors, but such screenings shall not be mandated for customers and delivery personnel.
▪ At a minimum, screening must determine whether the worker or vendor has had: (1) COVID-19 symptoms in the past 14 days, (2) positive COVID-19 test in past 14 days, and/or (3) close contact with confirmed or suspected COVID-19 case in past 14 days. Assessment responses must be reviewed every day and such review must be documented.
▪ Designate a site safety monitor whose responsibilities include continuous compliance with all aspects of the site safety plan.
Additional safety information, guidelines, and resources are available:
New York State Department of Health Novel Coronavirus (COVID-19)
Centers for Disease Control Prevention Coronavirus (COVID-19)
Occupational Safety and Health Administration COVID-19
If a business violates the Reopening order please file a complaint.
Governor Andrew M. Cuomo established the New York State PAUSE Enforcement Assistance Task Force to assist local authorities with enforcement of Executive Orders and restrictions on business operations and activities, as well as gatherings, during the COVID-19 public health emergency.
Individuals can file complaints regarding the operation of businesses or gatherings 24 hours a day, 7 days a week through an online form or by calling 1-833-789-0470. (Note: Specific complaints from employees against their employers should be directed to the Department of Labor through their online form.)
These complaints are reviewed for completeness, accuracy, and applicability under the orders, and then referred to local authorities (as designated by county leaders) by a team of investigators from multiple state agencies. In addition to assessing the credibility of complaints, these skilled investigators can assist local authorities in their front-line role of responding to alleged violations of the orders by assisting available civil and criminal enforcement tools.
This information brought to you by New York Forward.