On April 16, 2020, President Trump unveiled broad new federal guidelines laying out conditions for states to begin relaxing the strict measures imposed to try to slow the spread of the coronavirus.

The new guidance identifies the necessary circumstances for areas of the country to allow employees to start returning to work.  Trump emphasized that the decisions of how and when to open will ultimately be made by state governors.

The guidelines consist of 18 pages and are broken down into six components, which includes three phases of opening:

1. CORE STATE PREPAREDNESS RESPONSIBILITY: Identifies three areas states are responsible for being prepared to address:

• • Testing and contact tracing: quickly set up safe and efficient screening/testing sites, tracing system
  • Healthcare system capacity: sufficient PPE, medical equipment to handle surge and ICU capacity
  • Plans: protect workers in critical industries, protect health and safety of those working/living in senior care facilities, advise citizens for social distancing and face coverings

2. INDIVIDUAL AND EMPLOYER ALL PHASE GUIDELINES: These are general guidelines to follow before and during each Phase of Openness.

• • Individuals:
    • Continue to practice good hygiene (wash hands, don’t touch face, etc.)
    • People who feel sick should stay home
  • Employers:
    • Develop and implement appropriate policies in accordance with federal, state, and local regulations and guidance, informed by best practices in a number of items: temperature checks, disinfecting, business travel, testing, isolation requirements, contact tracing, etc.
    • Monitor workforce for indicative symptoms: do not allow someone who has had symptoms to return until cleared by a doctor
    • Develop and implement policies/procedures for workforce contact tracing following employee COVID19 positive test

3. STATE OR REGIONAL GATING CRITERIA: This must be satisfied before proceeding through each Phase of Opening (meaning continuous downward trajectory as progressing from one Phase to the next):

• • SYMPTOMS: Downward trajectory of influenza-like illnesses reported in a 14 day period AND downward trajectory of coronavirus-like syndromic cases reported within a 14-day period
  • CASES: Downward trajectory of documented cases within 14 day period OR downward trajectory of positive tests as a percent of total tests within 14 day period
  • HOSPITALS: Treat all patients without crisis care AND robust testing program in place for at-risk healthcare workers including emerging antibody testing
  • FLEXIBILITY: Governors should work through these on a regional basis which suggests various parts of a state may be at different stages of the phasing at any given time (I.E., statewide or county by county)

4. PHASE 1: States and regions that satisfy the gating criteria.

• • INDIVIDUALS
    • Vulnerable Individuals^[1]: continue to shelter in place and those that come into contact with this population should isolate from them
    • Maintain physical distance in public at parks, shopping areas, etc.
    • Avoid socializing in social settings with more than 10 people without precautionary measures and appropriate social distancing
    • Minimize non-essential travel and adhere to CDC guidelines regarding isolation following travel
  • EMPLOYERS
    • Encourage telework
    • Return to work in phases
    • Minimize non-essential travel and adhere to CDC guidelines regarding isolation upon return
    • Strongly consider special accommodations for personal who are members of vulnerable population
  • SPECIFIC TYPES OF EMPLOYERS
    • Schools and organized youth activities: remain closed
    • Visits to senior living and hospitals: prohibited
    • Large venues (sit down dining, movie theaters, sporting venues, places of worship): operate under strict physical distancing protocols
    • Elective surgeries: resume on outpatient basis if adhere to CDC guidelines
    • Gyms: open with strict physical distancing and sanitation protocols
    • Bars: remain closed

ITALICIZED ITEMS INDICATE NEW OR CHANGED ITEMS FROM THE PHASE PRIOR.

5. PHASE 2: For states and regions with no evidence of a rebound and that satisfy the gating criteria a second time.

• • INDIVIDUALS
    • Vulnerable Individuals: continue to shelter in place and those that come into contact with this population should isolate from them
    • Maintain physical distance in public at parks, shopping areas, etc.
    • Avoid socializing in social settings with more than 50 people without precautionary measures and appropriate social distancing
    • Non-essential travel can resume
  • EMPLOYERS
    • Encourage telework
    • Close common areas where persons are likely to congregate; moderate social distancing
    • Strongly consider special accommodations for personal who are members of vulnerable population
  • SPECIFIC TYPES OF EMPLOYERS
    • Schools and organized youth activities: reopen
    • Visits to senior living and hospitals: prohibited
    • Large venues (sit down dining, movie theaters, sporting venues, places of worship): operate under moderate physical distancing protocols
    • Elective surgeries: resume on outpatient basis if adhere to CDC guidelines
    • Gyms: open with strict physical distancing and sanitation protocols
    • Bars: open with diminished standing room occupancy

6. PHASE 3: States and regions with no evidence of a rebound and satisfy gating criteria a third time.

• • INDIVIDUALS
    • Vulnerable Individuals: resume public interactions but practice social distancing, minimizing exposure to social settings unless precaution taken
    • Low risk populations should consider minimizing time spent in crowded environments
  • EMPLOYERS
    • Unrestricted staffing at worksites
  • SPECIFIC TYPES OF EMPLOYERS
    • Visits to senior living and hospitals: reopen but visitors must be diligent regarding hygiene
    • Large venues (sit down dining, movie theaters, sporting venues, places of worship): operate under limited physical distancing protocols
    • Gyms: open with standard sanitation protocols
    • Bars: operate with increased standing room occupancy

Employers should be thinking about how the guidelines may affect their particular worksites and workforce upon return. Some things to consider are:

1. Develop and implement policies and procedures for your employees concerning COVID19 related issues such as temperature checks, disinfecting office space and common areas, isolation protocol, contact tracing following an employee’s COVID positive test, and identifying parameters for business travel;
2. Initially, close common areas where people congregate such as coffee bars and shared kitchens;
3. For offices with shared workspaces, develop a plan to address cleaning and social distancing requirements;
4. Address the possibility that different offices may be at different stages of “openness” within a state or across states as the governors may make different decisions of allowable activities on a state-by-state or county-by-county basis;
5. Given the possibility of staffing restrictions, determine non-discriminatory selection criteria for those who come back and those who do not; and
6. As employees return to work, develop a response procedure for members of the vulnerable population if they request a “special accommodation”.

_{[1] Definition of vulnerable population – “the elderly”, and those with “serious health conditions, including high blood pressure, chronic lung disease, diabetes, obesity, asthma, and compromised immune deficiencies”. According to the CDC, obesity alone accounts for nearly half of the US population.}