Public Health Madison & Dane County (PHMDC) has issued a new public health order, Emergency Order #15, effective April 7, 2021. The new order includes significant changes to the face covering requirements, capacity limits for outdoor gatherings, and the requirements applicable to several industries including schools and childcare centers, gyms, and grocery stores. The new order also includes changes to the mandatory policy and procedure requirements for all employers in Dane County. The loosened requirements are a response to the continued decrease in COVID-19 cases and hospitalizations in Dane County. in Dane County.

Face Coverings

• Face coverings are no longer required outdoors, although PHMDC continues to “strongly recommend” face coverings outdoors when six feet physical distancing is not possible.

Gatherings

• Outdoor gatherings are no longer subject to specific capacity limits.
• Instead, outdoor gatherings are limited to a capacity that ensures individuals maintain at least six feet physical distancing.

Schools and Childcare

• PHMDC has removed most of the requirements for schools and childcare centers.
• PHMDC continues to require schools and organizations providing childcare to develop certain COVID policies. However, the mandatory content of two of the policies has changed.
• The following policies and procedures are required:
  • A written hygiene policy and procedure.
    • The requirements for this policy have not changed.
  • A written cleaning policy and procedure that includes guidelines from the Centers for Disease Control and Prevention for cleaning.
    • This is a change from previous orders that delineated specific items that must be included in the cleaning policy and procedure.
  • A written protective measure policy and procedure that includes ensuring employees are provided with and wear face coverings when required, and ensuring procedures for “distancing for students, children, and employees.”
    • This is a change from previous orders that included, among other things, six feet physical distancing between students.
• Employers should ensure their policies and procedures are compliant and distribute revised policies to employees. Employers must also document employees’ receipt, acknowledgement, or training on any revised policies.

Sports

• The only change in the requirements for sports is a minor change to the mandatory written cleaning policy and procedure.
• The following policies and procedures are required:
  • A written hygiene policy and procedure.
    • The requirements for this policy have not changed.
  • A written cleaning policy and procedure that includes guidelines from the Centers for Disease Control and Prevention for cleaning.
    • This is a change from the previous orders that delineated specific items that must be included in the policy.
  • A written protective measure policy and procedure that includes physical distancing requirements.
    • The requirements for this policy have not changed.
• Employers should ensure their policies and procedures are compliant and distribute revised policies to employees. Employers must also document employees’ receipt, acknowledgement, or training on any revised policies.

Businesses

• The only change in the requirements for businesses is a minor change to the mandatory written cleaning policy and procedure.
• The following policies and procedures are required for all businesses:
  • A written hygiene policy and procedure.
    • The requirements for this policy have not changed.
  • A written cleaning policy and procedure that includes guidelines from the Centers for Disease Control and Prevention for cleaning.
    • This is a change from the previous orders that delineated specific items that must be included in the policy.
  • A written protective measure policy and procedure that includes physical distancing requirements.
    • The requirements for this policy have not changed.
• Employers should ensure their policies and procedures are compliant and distribute revised policies to employees. Employers must also document employees’ receipt, acknowledgement, or training on any revised policies.

Stores that Sell Food or Groceries

• PHMDC has removed the prohibitions on customer self-dispensing of bulk food, customer self-service of unpackaged foods (e.g. salad bars), and food sampling.

Restaurants and Taverns

• PHMDC has removed the prohibitions on customer self-service of food (e.g. salad bars, buffets) and food sampling.

Gyms and Fitness Centers

• Gyms and fitness centers are no longer required to provide materials for members to disinfect equipment or to increase their cleaning of equipment, common areas, locker rooms, and restrooms.
• Saunas and steam rooms may open if their capacity is limited to individuals from the same household.

Places of Amusement and Activity

• Organizations are no longer required to clean equipment in between each customer’s use.
• The prohibition on food sampling has been removed.

Fully Vaccinated Individuals

• Fully vaccinated individuals do not need to maintain six feet physical distancing or wear a face covering when indoors with:
  • with other fully vaccinated individuals.
  • with individuals from a single household or living unit who are not fully vaccinated but are not at an increased risk for severe COVID-19 disease, and who do not live with anyone is not fully vaccinated and at an increased risk for severe COVID-19 disease.

The other requirements from previous PHMDC emergency orders remain in place. You can find Lake Effect’s summaries of the previous orders here.

Lake Effect is here to answer your questions about how local and state public health orders apply to employers. We continue to monitor important legal and HR developments, as well as COVID-related updates from federal, state, and local authorities. Please keep watching our blogs and emails for these important updates, as well as discussions of how compliance meets culture. To dive into these issues, contact us at info@le-hrlaw.com or 1-844-333-5253.