Phase Four of COVID19 Requirements for New York Business Re-Openings and Statewide Guidelines for Certain Industries

Central New York will enter Phase 4 of the COVID19 New York State business re-opening on Friday June 26, 2020.  New York State will be allowing the re-opening of businesses by region in four phases as follows:

Phase 1:  Construction, Agriculture, Forestry, Fishing and Hunting, Retail (limited to curbside or in-store pickup/drop off), Manufacturing and Wholesale Trade.

Phase 2: Professional Services, Retail, Administrative Support, Real Estate/Rental & Leasing.

Phase 3: Restaurants/Food Services.

Phase 4: Higher Education, Low-Risk Outdoor Arts & Entertainment, Low-Risk Indoor Arts & Entertainment, Media Production.

In addition to the industries in the four phases described above, the State has issued statewide guidelines for certain industries: Child Care and Day Camps; Lake and Ocean Beaches; Religious and Funeral Services; Racing Activities; Dentistry; Auto Racing; Professional Sports Training Facilities; Public Transportation and Sports and Recreation.  These guidelines are found at https://forward.ny.gov/statewide-guidelines .

For a business to re-open (and for a business which did not close to now continue to operate) the following steps must be followed:

  • Identify which Phase the business is in;
  • Read the State industry specific mandates;
  • Write, adopt and publish at the work site a Safety Plan for re-opening (or continuation of operation);
  • Certify online that the business owner/agent has reviewed State industry mandates for re-opening and affirm that the mandates will be followed.
  • Continue to follow and update Plan and practices in line with New York State guidance.

The required safety procedures for Phased re-openings as of June 30, 2020 are at https://forward.ny.gov/.

A safety plan must be adopted by each business which is either re-opening or has stayed in operation. New York State has plan templates and these must be shared with employees, customers and posted at work sites of the businesses. https://www.governor.ny.gov/sites/governor.ny.gov/files/atoms/files/NYS_BusinessReopeningSafetyPlanTemplate.pdf

There are Frequently Asked Questions for this re-opening process at: https://esd.ny.gov/nyforward-faq.

In addition, each business (both those re-opening and those which have continued to operate) must certify to the State at a new website portal as follows:

I am the owner or agent of the business listed. I have reviewed the New York State interim guidance for business re-opening activities and operations during the COVID-19 public health emergency and I affirm that I have read and understand my obligation to operate in accordance with such guidance.  https://forms.ny.gov/s3/ny-forward-affirmation

Additional websites business should also continue to monitor include the New York State Department of Health Novel Coronavirus (COVID-19) Website https://coronavirus.health.ny.gov/  the Centers for Disease Control and Prevention Coronavirus (COVID-19) website https://www.cdc.gov/coronavirus/2019-ncov/index.html and the Occupational Safety and Health Administration COVID-19 Website  https://www.osha.gov/SLTC/covid-19/

By: Mary Anne Cody

Media Contacts:

Mary Anne Cody

Mackenzie Hughes LLP

315.233.8239

mcody@mackenziehughes.com

Matt Parry

Mower

315.413.4318

mparry@mower.com