United States: 13 Additional Pennsylvania Counties Permitted To Reopen May 15th During COVID-19 "Yellow Phase"

On the same day that businesses in 24 Pennsylvania counties were permitted to reopen under the Commonwealth's phased reopening plan, Governor Wolf announced this afternoon that 13 additional counties, all in Western Pennsylvania, will be moved into the "Yellow" phase beginning Friday, May 15.  The list (available here) includes Pittsburgh and most of its suburbs, but not the Philadelphia, Allentown, Scranton, and Harrisburg areas. 

As a reminder (and as discussed previously here), the Governor of Pennsylvania earlier this week released guidance for businesses in "Yellow" counties and this guidance remains applicable to businesses located in these 13 additional counties.  In the guidance, the administration made clear that even businesses in regions that have entered the "Yellow" phase must continue to telework to the extent possible before reopening in-person operations and relying on this guidance. 

Businesses choosing to reopen must abide by the previously-issued Business Safety Order (discussed here) and Building Safety Order (available here).  The new guidance also includes very specific information regarding the following employee and customer safety requirements: (1) cleaning and disinfecting premises, (2) limiting the number of employees in common areas and customers on premises, (3) providing masks and sanitizing supplies for employees, (4) installing shields or other barriers at registers and checkout areas to physically separate cashiers and customers, and (5) creating a plan in case a business is exposed to a probable or confirmed case of COVID-19, among other provisions.

Notably, the guidance provides that relevant businesses must print, sign, and post the "COVID-19 Safety Procedures for Businesses" flyer on their premises in employee common spaces and, if serving the public, near the business's public entrance.  The flyer must indicate the "Pandemic Safety Officer," who is designated by the business to be in charge of carrying out the COVID-19 safety procedures set forth in the guidance. 

Seyfarth continues to monitor the Wolf Administration's business-related orders in response to COVID-19 and will provide further updates as available.

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