Re-opening Your Doors in Today’s Covid-19 Business Climate

On Tuesday March 2, 2021 Texas Governor Greg Abbott removed Texas’ mask mandate and rolled back several of the state’s Covid-19 health measures. While it is easy to be optimistic that California, and more specifically, Los Angeles County might be next, a measure of caution is still advised. While California’s Governor Gavin Newsom appears to be inching closer to loosening restrictions on California businesses, several are still in place. California’s Department of Public Health has implemented a “Blueprint for a Safer Economy” which assigns each county a tier based upon the rate of positive cases in that county. As of this writing, Los Angeles County is still rated “Widespread.” This means that many non-essential businesses are still required to remain closed.

However, several categories of businesses have been allowed to open subject to certain requirements. This does not mean that business owners can swing the doors wide and welcome all comers. Owner/operators must review the guidelines for re-opening your business, and implement a checklist of measures showing the steps taken to ensure the safety of customers and employees. For instance, Cal/OSHA Emergency Safety regulations implemented on November 25, 2020 require every employer within the state to publish a written “Covid-19 Prevention Program” and provide employees with training to prevent the spread of the virus. This written program must include a system for communicating and reporting: (1) Covid-19 symptoms, (2) policies and procedures for accommodating employees with medical conditions that put them at an increased risk of Covid-19 illness, (3) provide information about access to Covid-19 testing, and (4) information about the employer’s policies and procedures regarding safety measures taken by the employer to ensure a safer workplace. Further, businesses must establish a record-keeping system to track and report positive cases.

For example, gyms and fitness centers in Los Angeles County were recently permitted to open operations. As a self-proclaimed fitness nut, I was excited for this news. However, the County of Los Angeles Department of Public Health’s Health Officer issued a lengthy re-opening protocol requiring that employees always wear face masks, unless alone or while eating or drinking. Further, break rooms must have posted occupancy limits, and allow 6 feet of physical distance between people. Lastly, the health order requires all exercise to take place outdoors! While larger gym chains may have an easier time implementing these checklists and guidelines, smaller “mom & pop” fitness centers may have greater difficulty adhering to these guidelines. If you are a sole proprietor, implementing these programs and designating a person to oversee these guidelines can be daunting!

Here at Poole Shaffery & Koegle, LLP, our staff has helped dozens of small businesses implement the Covid-19 guidelines at their businesses. If you need help setting up your plan, do not be afraid to contact an attorney that specializes in helping small businesses like yours to survive and thrive. Even if Covid-19 looks like it is almost in the rear-view mirror, more challenges may lay ahead. Be prepared!