Massachusetts Announces Four-Phase Reopening Approach and Mandatory Workplace Safety Standards


On May 11, 2020, Massachusetts Gov. Baker announced a four-phase approach to reopening the Massachusetts economy in light of the Coronavirus Disease 2019 (COVID-19) pandemic.

Four-Phase Reopening

The phased reopening is based on public health guidance, and is intended to allow certain businesses, services, and activities to resume, while aiming to protect public health and limit a resurgence of new COVID-19 cases.

The prospective length of each phase is currently unclear, as progression to the next phase is dependent on satisfying public health metrics. To the extent those metrics fall below certain thresholds, it could result in a reversion to a prior phase.

Mandatory Workplace Safety Standards

In conjunction with the announcement of the four-phase reopening, the Massachusetts Department of Public Health published Mandatory Safety Standards for Workplaces to reduce the risk of COVID-19 transmission as employees and customers return to workplaces. These safety standards are applicable to all sectors and industries that will be open in Phase One. 

The Mandatory Workplace Safety Standards include the following elements:

Social Distancing

Hygiene

Staffing and Operations

Cleaning and Disinfecting

In addition to these Mandatory Standards, which apply to all workplaces, sector-specific safety protocols and best practices will be forthcoming.

Internet/Phone Sales

The announcement of the four-phase reopening comes on the heels of guidance published on May 5, 2020, allowing certain non-essential Massachusetts businesses, such as flower shops and car dealerships, to bring back employees for Internet/phone sales only. Under the May 5 Guidance, facilities must remain closed to the public, employees may only be engaged in packaging and delivery/shipping of phone and online orders (not the manufacturing of products), employees must wear face coverings while on-site, and employers are directed to stagger shifts to help ensure social distancing. Any deliveries must be “no contact”; that is, items must be left in mailboxes, mailrooms, garages, lobbies, at doorstep, or similar no-contact drop-off points.


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National Law Review, Volume X, Number 135