Phase 2 Reopening Requirements

At 8:00 a.m. on June 15, Dane County began Phase Two of reopening under Forward Dane (revised June 2, 2020). Public Health Madison and Dane County (PHMDC) released Emergency Order #5 to coincide with Phase Two. The order provides requirements for organizations as they continue to gradually reopen. Emergency Order #5 is effective June 15 and will remain in effect until PHMDC determines that Dane County can move into Phase Three.

One of the primary changes in Emergency Order #5 is that many organizations can open to 50% capacity. PHMDC has created a guide to help organizations determine their capacity.

Emergency Order #5 has not changed the requirements that employers develop compliant workplace hygiene, cleaning, and protective measure policies, and document their employees’ receipt, acknowledgment, or training on the policies. If you would like to schedule a meeting with us to prepare a customized policy and/or training for your organization, please contact us.

Please see Forward Dane and the accompanying legal requirements set forth in Emergency Order #5 for new details for your industry. Below is a summary of Emergency Order #5.

Mass Gatherings

  • The following limited mass gatherings are permitted so long as people maintain physical distancing of at least six feet
    • Inside with up to 50 people, not including employees
    • Outside with up to 100 people, not including employees
  • Mass gatherings include concerts, festivals, fairs, parades, movies, performances, shows, trainings, meetings, conferences, sporting events, and sports activities for adults
    • Note that Emergency Order #4 removed religious services from the definition of mass gatherings
  • Drive-in movie theaters or other drive-in activities are not mass gatherings under the order and are not subject to these restrictions

Child Care, Sports Activities, Education, Libraries, and Public Spaces

  • Childcare facilities must restrict groups and classrooms to no more than 15 children if the children are 12 years or younger, or no more than 25 children if the children are at least 13 years old
    • There should be no interaction between the groups or classrooms, and staff interaction between groups must be limited to the greatest extent feasible
    • These restrictions also apply to sports activities for all children and youth 17 years and younger
  • Public playgrounds and splash pads are open, but physical distancing must be maintained
  • Public courts and fields are open, but physical distancing must be maintained
    • Games for low-risk sports – as defined in the order – are allowed if physical distancing is maintained
    • Games between teams for medium and high-risk sports – as defined in the order – are not allowed, but games within a team for medium and high-risk sports are allowed if physical distancing is maintained
    • Adult sports activities are subject to the mass gathering restrictions
    • Sports activities with children and youth 17 years and younger are subject to the restrictions for childcare facilities
  • K-12 schools may open for in person instruction and extracurricular activities on July 1, 2020, if schools create, distribute, and implement the required policies with their staff, including providing employees with face coverings to be used when social distancing is not possible
  • Continuing education and higher education institutions must maintain physical distancing to the greatest extent possible; may determine policies for safe operation; and must adopt strict policies to ensure safe living conditions before opening dorms and other congregate living situations

All Businesses, Libraries, Community Centers, and Religious Entities

  • Capacity must be limited to 50% of approved capacity level
    • See this guide to determining capacity level
  • Organizations must implement required hygiene, cleaning, and protective measure policies, and document that employees receive and acknowledge, or are trained on, these policies
    • See our previous blog on requirements for hygiene and safety policies. Lake Effect is able to help you develop such a policy tailored to your organization. Please contact us if you need assistance.
  • Organizations must limit staff and customers on site, and continue to facilitate remote work to the greatest extent possible, including offering virtual services, meetings, and and/or alternating work teams or staggering shifts
  • When remote work is not possible, all organizations must:
    • Where possible, offer curbside pick-up and drop-off, and delivery
    • Where possible, provide a way for customers to pay, and make appointments and reservations online or over the phone
    • Provide door-to-door solicitation with physical distancing
    • Ensure physical distancing in waiting areas with appropriate spacing of chairs

Additional Industry Specific Requirements

  • Restaurants, bars, and stores that sell food, groceries, and alcohol and non-alcoholic beverages must
    • Encourage pick-up and delivery options
    • Prohibit self-dispensing of bulk items and condiments
    • Prohibit sampling of food and self-service of unpackaged food, e.g. salad bar, buffet
      • Note that beverage stations may now open
    • Limit indoor dine-in capacity to 50% of approved seating levels; space tables at least six feet apart; and limit each table to customers who live together
      • Note that tables are no longer restricted to six people, but it is still required that all people at the table live in the same household
    • Outdoor seating is allowed if tables are spaced six feet apart and each table is limited to customers who live together
    • Space bar stools at least six feet part for customers who do not live together
    • Provide space so that customers maintain physical distancing when not seated
  • Retail stores must
    • Limit the number of customers inside the business to no more than 50% of capacity, not including employees
    • Offer at least two hours per week of dedicated shopping time for vulnerable individuals if your store is larger than 50,000 square feet
    • Prohibit sampling, including of food and any goods
  • Salons and spas must
    • Limit the number of customers to 50% of approved capacity (if capacity is four or less, one customer is permitted)
      • Note that salons and spas are no longer required to operate by appointment only
    • Space customer chairs, tables, and stations at least six feet apart
    • Always require employees to wear face coverings when customers are present
    • Require customers to wear face coverings to the greatest extent possible
  • Gyms and fitness centers must
    • Provide disinfecting materials for members to use on equipment before and after use, and increase frequency of cleaning of equipment, common areas, locker rooms, and restrooms
    • Limit the number of individuals on site (excluding employees) to 50% of approved capacity
    • Space equipment at least six feet apart to the extent possible
    • Use floor markings to indicate appropriate physical spacing, particularly in areas where people congregate or cluster
    • Offer group exercise classes only if physical distancing is maintained between people who do not live together and there is no person-to-person contact
    • Prohibit all activities where physical distancing cannot be maintained between people who do not live together
    • Close saunas and steam rooms
  • Places of amusement and activity must
    • Require payments and reservations only online or over the phone to the extent possible
    • Schedule events or the start of an activity to ensure physical distancing between all individuals who do not live together
    • Space seating, stations, or other areas to ensure at least at least at least six feet of physical distancing between individuals who do not live together
    • Limit the number of individuals on site (excluding employees) to 50% of approved capacity
      • Events such as concerts, festivals, shows, etc. are also subject to the restrictions on mass gatherings
    • Disinfect all equipment between each customer’s use
  • Lodging facilities must
    • Prohibit guests from congregating in lobbies or common areas
    • Adopt cleaning protocols for guest rooms and common areas based on PHMDC guidelines
    • Provide personal protective equipment and training to housekeeping staff for proper handling of linens and cleaning/disinfecting supplies
    • Comply with all other guidelines, such as those that apply to restaurants and bars, if applicable
  • Drive-In movie theaters and other drive-in activities must
    • Prohibit outdoor seating
    • Prohibit customers from leaving their car except to purchase or pick up food or drinks, or to use the restroom
    • Encourage pick-up and delivery of food and drinks, and prohibit any self-service of unpackaged food and self-dispensing of condiments
    • Reservations and payments should be made in advance online or over the phone to the greatest extent possible

Other industries

  • Health care, public health, human services, infrastructure, manufacturing, and government operations are subject to specific provisions and restrictions under Emergency Order #5, namely these organizations must implement required cleaning and hygiene policies, and comply with other applicable PHMDC, state, and federal requirements (see Sections 4.b. – 4.e., 4i, 4j)

Leased Property

  • Landlords and rental property managers may enter and show leased residential properties if all individuals wear face coverings and maintain physical distancing

Violations of this order are considered ordinance violations and are enforceable by any local law enforcement official.

The Lake Effect team will continue to monitor important updates such as these from Dane County and other counties across the state. Please keep watching for blogs and emails from us for important legal updates and HR best practices. Contact us at info@le-hrlaw.com or 1-844-333-5253.

Lake Effect HR & Law, LLC
(844) 333-5253 (LAKE)
info@le-hrlaw.com

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