Forward Dane

Lake Effect / Forward Dane

WI Emergency Order #3 - Statewide Limits on Indoor Public Gatherings

Indoor public gatherings are limited statewide starting on October 8, 2020 at 8:00 a.m. and ending on November 6, 2020 under Emergency Order #3. The Wisconsin Department of Health Services (DHS) Secretary-designee Andrea Palm issued the order on October 6, 2020.

Emergency Order #3 restricts “public gatherings” to 25% or less of the established indoor capacity limit of a building or room. This applies to any business that is open to the public, including restaurants, retail stores, and office lobbies. If the building or room has no capacity limit (e.g., a home), public gatherings are limited to no more than 10 people. The order defines a “public gathering” as an “indoor event, convening, or collection of individuals, whether planned or spontaneous, that is open to the public and brings together people who are not part of the same household in a single room.”

The order places no restrictions on outdoor gatherings, such as outdoor seating areas at a restaurant or bar; on indoor spaces that are not open to the public, such as a manufacturing plant or an office building; or on invitation-only indoor gatherings.

Employers in counties or cities with their own local public health orders and guidance (such as Dane, Milwaukee, Outagamie, and Winnebago Counties) will need to determine the restrictions applicable to their organization. DHS’s Frequently Asked Questions clarifies that Emergency Order #3 supersedes the requirements in local orders that are less restrictive. Conversely, requirements in local orders that are more restrictive will continue to be enforced. For example, a restaurant in Dane County will be required to comply with the applicable restrictions in Dane County’s PHMDC Emergency Order #9 (see Lake Effect’s blogs on the PHMDC orders) and the 25% indoor capacity restriction in the new statewide Emergency Order #3.

Exempt from the order are:

  • Most childcare settings
  • Placements for children in out-of-home care, such as foster and group homes
  • 4K-12 schools
  • Institutions of higher education
  • Health care and public health operations
  • Human services operations
  • Public infrastructure operations
  • State and local government operations
  • Churches and other places of religious worship
  • Political rallies, demonstrations, and other speech protected by the First Amendment
  • State and federal facilities

The Lake Effect team will continue to monitor important COVID-related updates such as these from federal, state, and local authorities. 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.

COVID-19 Resources - 10/07/2020

Emergency Order #8: Required Face Mask Poster for Customers and Visitors

Public Health Madison and Dane County (PHMDC) released another important update to Emergency Order #8. PHMDC is now requiring that all businesses post PHMDC’s Face Masks Required for Customers and Visitors sign at any entrances of their building(s). This is designed to clarify that the PHMDC mask mandate applies to all customers and visitors, as well as employees, other than those who may have a qualifying disability. This requirement is effective immediately and is included under section 4(i) of Emergency Order #8. This new, required sign appears to replace PHMDC’s prior Face Masks for Customers Required sign which was encouraged, but not required, in Emergency Order #8.

We want to remind employers once again of the other existing and required PHMDC postings and policies:

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.

COVID-19 Resources - 07/19/2020

PHMDC Emergency Order #8: Clarifications

We have some important clarifications of the mask requirements under Public Health Madison and Dane County (PHMDC) Emergency Order #8. During the Madison Chamber of Commerce’s Lunch (UP)date: Moving Forward with Forward Dane on July 9, 2020 (click link to see the webinar video), Chamber President Zach Brandon and various members of the PHMDC leadership provided important clarifying information about the mask requirements:

  • Employees must wear masks “whenever they could come in contact with others,” regardless of the distance between them. This means that even if employees are 6 or more feet apart in an office, workplace, or warehouse, they must wear masks because they could come in contact with one another. (See minutes 10:30 – 15:30)
  • If employees occupy individual offices or are alone in a conference or other room with a closed door and close the door, they may remove their masks. Organizations should establish a policy that if an employee’s or conference room’s door is closed, other employees should knock and request entry, then the employee inside can “mask up” and grant the other employee access.
  • Employees in cubicles need to wear a mask at all times, regardless of social distancing because they may come in contact with others by moving around their workspace or while others are walking past. The same holds true for employees who work significant distances apart in a warehouse or manufacturing facility, as they may come in contact with others at any time. (See minutes 10:30 – 15:30)
  • Employers must provide each employee with at least one (1) mask that covers the employee’s mouth and nose snugly. PHMDC anticipates this will be a cloth mask. If the employee loses or damages the mask, it is the employee’s responsibility to replace the mask. An employee may also wear their own mask if it satisfies the fit and coverage requirements by snugly covering the nose and mouth. Importantly, the PHMDC staff noted that face shields are not a substitute for masks, as they have been shown to provide insufficient protection. (See minutes 16:00 – 18:00)
  • If an employee indicates that they are unable to wear a mask due to having an ADA-qualifying disability, the employee must provide medical documentation to support that request. Then, following the customary ADA Interactive Dialogue Process, the employer and employee should engage in discussion to determine a reasonable accommodation. It is not a reasonable accommodation to be in the workplace without a mask. A reasonable accommodation may be to allow the employee to work remotely, to assign new job duties or location, or to provide Family Medical Leave. (See minutes 33:00 – 34:00)
  • If an employee refuses to comply with the mask order for other than an ADA-qualifying reason, the employer should remind staff of the PHMDC Order. If the employee still refuses, the employer may send the employee home without pay and follow the normal process to discipline an employee who fails to comply with your workplace rules. (See minutes 18:30 – 19:30)
  • If a customer/client refuses to wear a mask, a business owner may initially ask if the person is unable to wear a mask due to a disability and then must engage in an interactive discussion of accommodation of policies. This does not mean the customer can enter without a mask, it means that the business owner and customer develop a reasonable accommodation and provide alternate service such as bringing the product or food curbside, provide it to go, deliver the product to their home, etc. If the customer declines the reasonable alternative, that satisfies the interactive process and the business can refuse entry. In the unfortunate event that the discussion becomes confrontational, the business may contact authorities. (See minutes 24:00 -29:30)

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.

COVID-19 Resources - 07/15/2020

Dane County Public Health Emergency Order #8

Addendums to this post:

Emergency Order #8: Required Face Mask Poster for Customers and Visitors

PHMDC Emergency Order #8: Clarifications

Starting Monday, July 13 at 8:00 a.m., individuals over 4 years old must wear a mask when inside and around people they do not live with under Public Health Madison and Dane County (PHMDC) Emergency Order #8. PHMDC also launched a webpage dedicated to providing additional information about the new order and face masks generally.

Most of the requirements in Emergency Order #7 remain in place. However, there are two important changes for employers:

  • All individuals age 5 or older must wear a face mask (or other face covering) that covers their nose and mouth
    • This face covering requirement applies when individuals are:
      • In any enclosed building where other people, except people who live together, could be present
      •  In line to enter any indoor space
      • In any public transportation, paratransit vehicle, taxi, private car service, ride-sharing vehicle, or any other vehicle for hire
    • Individuals may remove their face covering:
      • While eating or drinking
      • When communicating with an individual who is deaf or hard of hearing, and communication is impossible through other means
      • While obtaining a service that requires the temporary removal of a face mask
      • If necessary to confirm their identity
      • When a federal or state law prohibits the face covering
    • The following individuals are exempt from the requirement to wear a face covering:
      • Individuals who cannot wear a face mask due to government safety guidelines that apply to their work
      • Individuals with a medical condition, mental health condition, or disability that prevent them from wearing a face covering
    • Organizations can, but are not required to, post PHMDC’s model “masks required” sign
  • Employers must revise their required protective measure policy
    • Organizations are required to implement hygiene, cleaning, and protective measure policies. Emergency Order #8 only changes the protective measure policy, which now must ensure:
      • Individuals are at least six feet from others whenever possible
      • Employees are provided with and wear face coverings at all times when indoors
        • Note: This means employers must provide masks to their Dane County employees.
    • Note that employers are required to document that employees receive, acknowledge, or are trained on the policy. For example, an email with the revised policy sent with read receipt likely satisfies this requirement. If you would like to schedule a meeting with us to discuss the policy requirements, prepare a customized policy and/or training for your organization, please contact us.

Violations of this order are considered ordinance violations and are enforceable by any local law enforcement official. PHMDC has created a new complaint team that will evaluate and address complaints.

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.

COVID-19 Resources - 07/09/2020

Dane County Public Health Emergency Order #7

In response to the recent spike in the number of positive COVID-19 cases, Public Health Madison and Dane County (PHMDC) released Emergency Order #7 on July 1, 2020. This new order is effective July 2 at 8:00 a.m.

Determining that “planned phases are no longer useful,” PHMDC has also revised its Forward Dane plan. Dane County is in a rebound stage under the new Forward Dane. PHMDC will continue to monitor the same nine metrics but is modifying, at least for now, how and when the county re-opens.

The primary changes in Emergency Order #7 are:

  • Employers must post PHMDC’s Workplace Requirements for Employers and Workers guidance in a prominent location where all employees may view and access. If employees are working remotely, this may require emailing the poster to employees or posting it on an internal network.
  • Outdoor mass gatherings are limited to 25 people.
  • Indoor mass gatherings on any property are limited to 10 people.
  • Group fitness classes and all sports activities are under the restrictions for mass gatherings. They are therefore limited to 25 people outdoors and 10 people indoors, not including employees.
  • Indoor seating capacity at restaurants has been reduced to 25%.
  • Bars are prohibited from any indoor seating but may offer takeout service and outdoor seating.
    • Restaurant and bar seating continues to be restricted to tables 6 feet apart and limited to 6 people who are in the same household.
  •  Summer school classrooms are limited to no more than 15 students who are 12 years old or younger, and no more than 25 students who are 13 years old or older.

Emergency Order #7 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 #7 for details applicable to your industry. Below is a summary of Emergency Order #7.

Mass Gatherings

  • The following limited mass gatherings are permitted as long as people maintain physical distancing of at least 6 feet
    • Inside with up to 10 people, not including employees
    • Outside with up to 25 people, not including employees
  • Mass gatherings include concerts, festivals, fairs, parades, movies, performances, shows, trainings, meetings, conferences, sporting events, group fitness classes, and sports activities for children and adults
    • Note that group fitness classes and all sports activities have been added to the definition of mass gatherings
    • Religious services are not mass gatherings
    • Drive-in movie theaters or other drive-in activities are not mass gatherings

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

  • 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
  • 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
    • All sports activities are subject to the mass gathering restrictions (25 people outdoors, and 10 people indoors)
  • K-12 schools may open for in person instruction and extracurricular activities if schools create, distribute, and implement the required hygiene, cleaning, and protective measure policies with their staff; and develop and implement a written action plan for a COVID-19 outbreak with certain items outlined in the order.
  • 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
    • This does not apply to restaurants and bars – see below
  • Organizations must implement required hygiene, cleaning, and protective measure policies, and document that employees receive and acknowledge, or are trained on, these policies
  • Employers must post PHMDC’s Workplace Requirements for Employers and Workers guidance in a prominent location where all employees may view and access it
  • 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
      • Beverage stations may remain open
    • Prohibit sampling of food and self-service of unpackaged food, e.g. salad bar, buffet
      • This prohibition does not apply to produce in stores
    • Limit indoor dine-in capacity at restaurants to 25% of approved seating levels; space tables and chairs to ensure 6 feet of physical distancing; and limit each table to 6 customers, all of whom must live together
      • Bars are not allowed to have any indoor seating
        • Customers may enter a bar only to order, pick-up and pay for food and beverages, or while in transit (e.g. to use the bathroom)
        • “Bar” is defined as “an establishment in which fermented malt beverages are sold for consumption upon said premises and whose sale of alcohol beverages accounts for at least 51% of the establishment’s gross receipts and whose primary business is that of a bar”
      • Limit outdoor seating if tables and chairs are spaced 6 feet apart and each table is limited to 6 customers, all of whom must live together
        • This applies to restaurants and bars
      • Space bar stools in restaurants at least 6 feet part for customers who do not live together
      • Customers must be seated at all times when not in transit (e.g. to go to the bathroom)
  • 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)
    • Space customer chairs, tables, and stations at least 6 feet apart
    • Require employees to always 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 6 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 and there is no person-to-person contact
      • Note that group exercise classes are now considered a mass gathering and are subject to those restrictions (10 people indoors, and 25 people outdoors, excluding employees)
    • 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 6 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 #7, namely these organizations must implement required cleaning and hygiene policies, and comply with other applicable PHMDC, state, and federal requirements

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.

COVID-19 Resources - 07/02/2020

Dane County Modifies Phase 2 Reopening

Due to a recent increase in positive COVID-19 cases, Public Health Madison and Dane County (PHMDC) released Emergency Order #6 on June 25. The new order was effective at 10:00 p.m. on the same day.

The new order modifies three sections of Emergency Order #5:

  • Gatherings inside private property and residences are limited to 10 individuals (a reduction from 50 individuals).
    • There is no change to the limitations on mass gatherings inside commercial facilities (up to 50 individuals) or outside (up to 100 individuals).
  • Restaurants and bars must space tables and chairs to ensure customers who are not living together are at least six feet apart. This applies to outdoor and indoor dining spaces.
    • The previous order only required tables be spaced at least six feet apart.
  • Restaurants and bars must prohibit standing service. Customers must stay seated at all times unless they are “in transit.” PHMDC has explained this means “moving to the restroom is fine but patrons must be seated during their visit.”

PHMDC has updated its FAQ on Phase 2 under the Forward Dane reopening plan to include these changes.

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.

COVID-19 Resources - 06/26/2020

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.

COVID-19 Resources - 06/15/2020

Dane County and Madison’s New Public Health Order

On May 18, Public Heath Madison and Dane County (PHMDC) issued Emergency Order #2 along with a guide for organizations to start planning a phased reopening under the Order, Forward Dane. We are currently in the Preparing for Safe Reopen Phase under Forward Dane and all individuals and organizations are required to follow the Emergency Order.

The Emergency Order is effective May 19 and will remain in effect until PHMDC determines that the outlined criteria to start Phase One toward reopening has been met. Note that no date is set for moving into Phase One. A new Emergency Order will be issued as Dane County moves into each new phase of the Forward Dane plan.

The Emergency Order and Forward Dane provide detailed requirements and guidance. Included below is an outline of the essential elements of each.

Emergency Order #2

Required Policies

Organizations must develop and distribute to employees the following written policies:

  • A hygiene policy that
    • Ensures employees who have a fever or other symptoms of COVID-19 will not be allowed to work
    • Establishes hand-washing expectations and ensures supplies are available to employees
    • Describes proper cough and sneeze etiquette
  • A cleaning policy that includes guidelines for
    • Cleaning and disinfecting frequently touched surfaces multiple times a day
    • Frequently wiping down any shared equipment, such as work spaces, credit card machines, lunchroom items, carts, baskets, etc.
    • Cleaning common areas and equipment between use or shift changes
    • Cleaning and disinfecting in the event of a positive COVID-19 case
  • A protective measure policy that ensures
    • Individuals are at least six feet from others whenever possible
    • Employees are provided with and wear face coverings when unable to maintain at least 6 feet of distance from customers; however, if a transparent partition is in place, a face covering is recommended, but not required
  • Employers must maintain documentation showing employees received, acknowledged, or were trained on these policies

All individuals are encouraged to continue staying stay at home and to maintain social distancing of at least 6 feet from any person unless you live together

  • All public and private gatherings are prohibited unless specifically permitted in the Emergency Order
  • Landlords may not enter rented residential premises unless emergency maintenance is required

Organizations must continue to follow Physical Distancing Requirements

  • Physical Distancing Requirements are defined as:
    • Maintaining physical distance of six feet between people
    • Washing hands with soap and water for at least 20 seconds as frequently as possible or using hand sanitizer
    • Covering coughs and sneezes
    • Regularly cleaning high-touch surfaces
    • Not shaking hands
    • Following all other PHMDC requirements
  • If Physical Distancing Requirements cannot be maintained, the organization must ensure that employees are provided with appropriate face coverings or protective shields
  • All organizations must avoid in person meetings to the greatest extent feasible, and no door-to-door solicitation is permitted

Essential Businesses and Operations

Essential Businesses and Operations that may remain open include Healthcare and Public Health Operations, Human Services Operations, Essential Infrastructure, Essential Governmental Functions, and the following businesses and operations:

  • Stores that sell groceries and medicine
  • Food and beverage production, transport, and agriculture
  • Restaurants but only for take-out or delivery service
  • Bars, breweries, distilleries, brewpubs, wineries, and alcohol beverage retailers but only for carryout or order pick-up
    • Wineries holding direct wine shippers’ permits may deliver wine
  • Childcare
    • Childcare and youth programming is limited to 50 children per program or per license
    • Childcare providers must prioritize care for (1) families working in health care and (2) families working in other vital areas
  • Organizations that provide charitable and social services
  • Weddings and funerals
    • Gatherings for weddings and funerals must be limited to 10 or fewer people in a room at any one time
    • Weddings and funerals that occur outside must comply with the Physical Distancing Requirements, unless the individuals live together
  • Religious entities
  • Funeral establishments
  • Media
  • Gas stations and businesses needed for transportation
  • Financial institutions and services
  • Hardware and supplies stores
  • Building and construction tradesmen and tradeswomen such as plumbers, fabricators, cleaning and janitorial staff for commercial and governmental properties, carpenters
  • Mail, post, shipping, logistics, delivery, and pick-up services
  • Laundry services
  • Suppliers of products to work from home
  • Suppliers for Essential Businesses and Operations and Essential Governmental Functions
  • Transportation such as airlines, taxis, car rental services
  • Home-based care and services for seniors, adults, children, or people with disabilities, substance abuse disorders, or mental illness, including caregivers or nannies who may travel to the child’s home to provide care, and other in-home services including meal delivery
  • Professional services such as legal, accounting, real estate, and insurance services
  • Manufacturing, distribution, and supply chain for critical products and industries
  • Critical labor union functions
  • Lodging including hotels, AirBNB, VRBO, motels, and campgrounds
    • Swimming pools, hot tubs, and exercise facilities must be closed
    • Guests may not be permitted to congregate in any common areas, and facility must comply with restrictions applicable to bars and restaurants where applicable
  • Higher education institution for the purposes of facilitating distance learning, performing critical research, or performing essential functions as determined by the institution
  • Auctions but only if necessary to preserve the value of property and the auction follows other requirements outlined in the Emergency Order
  • Any business or worker identified on the U.S. Department of Homeland Security, Cybersecurity & Infrastructure Security Agency List

Essential Businesses and Operations - Additional Requirements

In addition to complying with the Physical Distancing Requirements, Essential Businesses and Operations must also:

  • Restrict the number of workers on premises to no more than necessary
  • Increase standards of facility cleaning and disinfection, following guidance from PHMDC, the Department of Health Services, and the Centers for Disease Control and Prevention
  • Adopt policies to prevent workers from entering the premises if they have respiratory symptoms or have had contact with a person with a confirmed diagnosis of COVID-19

Non-Essential Businesses May Open for Minimum Basic Operations

Minimum Basic Operations include:

  • Basic functions, such as the minimum basic activities to maintain the value of inventory; preserve condition of the physical space and equipment; ensure security; process payroll and benefits; and related functions
    • Staffing must be limited to the minimum number of staff required
  • Preparation to open, including purchasing and stocking supplies, cleaning, and complying with PHMDC’s guidelines
    • Staffing must be limited to the minimum number of staff required
  • Facilitating remote work
  • Delivery and mailings, including of non-essential items but only under specified conditions
  • Curb-side pick-up and drop off
    • Services and items must be paid for online or by phone, and signatures cannot be required
    • The pick-up or drop off must be scheduled in advance to ensure compliance with Physical Distancing Requirements
  • In-person retail
    • Standalone or strip mall retail stores with an entrance to the outside may allow up to five customers at a time in the store
    • Retails shops must create a space for a line to form with markings six feet apart, or allow customers to wait in their cars for entry
  • Outdoor recreational rentals
    • Payment must be made online or by phone
    • Pick up and drop off must be scheduled in advance
  • Automatic and self-service car washes
    • High-touch surfaces must be cleaned between each use if feasible, or at least as frequently as possible
  • Arts and craft stores may offer curb-side pick-up, and may allow the minimum number of staff necessary in the store to make personal protective equipment (PPE)
  • Aesthetic or optional exterior residential construction and lawn care, so long as Physical Distancing Requirements are maintained
    • Aesthetic or optional interior work is not permitted

Facilities That are Closed or May Open with Restrictions

  • Schools are closed for all in-person instruction
  • Libraries are closed except for certain limited functions
  • Indoor and outdoor places of public amusement (including amusement parks, pools, water parks, splash pads, zoos, museum, arcades, parades, playgrounds, movie theaters, gyms, fitness centers, concert halls) are closed except to perform Minimum Basic Operations
    • Golf courses, disc golf ranges, tennis courts, and drive-in theatres may open under specified restrictions
  • Salons and spas (including spas, hair salons, barber shops, nail salons, waxing salons, tattoo parlors) may not provide any services to customers but can sell goods and perform Minimum Basic Operations

Forward Dane

PHMDC’s Forward Dane plan provides guidance on a gradual, phased reopening in Dane County broken down by industries. We are currently in the “Prepare for Safe Reopen” phase and subject to Emergency Order #2 outlined above. But if nine public health metrics are met, Dane County will move into Phase One, Phase Two, Phase Three, then full operations under a new normal can begin. Each phase will last for at least two weeks.

In general, each phase allows organizations to gradually open to a larger “capacity.” For example, in Phase One, gyms may open to 25% capacity; in Phase Two, 50% capacity; in Phase Three, 75% capacity. PHMDC has not defined capacity, and as of today’s date, does not plan to do so. Instead, each organization will use its best judgment to determine the appropriate metric for capacity. It may be the building code establish by your city or it could be an average number of customers or employees who would be at the worksite under normal, non-pandemic circumstances.

Forward Dane also outlines expectations and responsibilities of the community. The responsibilities of the business community include:

  • Protecting the health and safety of employees and customers
  • Developing flexible sick leave policies and creating a culture in which employees can stay home when they are sick
  • Monitoring staff for symptoms and working with local public health if an employee is diagnosed with COVID-19 or is a known contact to someone with COVID-19
  • Implementing infection control policies, such as disinfecting surfaces frequently, keeping both employees and customers 6 feet apart from others, and other prevention measures
  • Communicating to management, staff, and customers the importance of following prevention measures in order to prevent future outbreaks

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.

COVID-19 Resources - 05/19/2020

COVID-19 Resources

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

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