NY Forward Safety Program Guidance

Thanks to our good friend, Michael Futterman, Partner at McCusker, Anselmi, Rosen & Carvelli, P.C. * for the below helpful information for our New York clients and friends!

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Each business or entity, including those that have been designated as essential under Empire State Development’s Essential Business Guidance, must develop a written Safety Plan outlining how its workplace will prevent the spread of COVID-19.

A business may fill out THIS TEMPLATE to fulfill the requirement, or may develop its own Safety Plan. This plan does not need to be submitted to a state agency for approval but must be retained on the premises of the business and must made available to the New York State Department of Health (DOH) or local health or safety authorities in the event of an inspection. Business owners should refer to the State’s industry-specific guidance for more information on how to safely operate. For a list of regions and sectors that are authorized to re-open, as well as detailed guidance for each sector, please visit: www.forward.ny.gov.  If your industry is not included in the posted guidance but your businesses has been operating as essential, please refer to ESD’s Essential Business Guidance and adhere to the guidelines within this Safety Plan.

Please continue to regularly check the New York Forward site for guidance that is applicable to your business or certain parts of your business functions, and consult the state and federal resources listed below.

Here is a helpful list of things to keep in mind during this time:

• New York businesses must create a COVID-19 health and safety plan for employees and the public. A template includes provisions for developing physical distancing protocols, providing personal protective equipment to employees, creating hygiene and cleaning protocols, implementing communication practices, creating a COVID-19 screening process, adopting contact tracing protocols, and developing a plan for cleaning and disinfection. It’s also a great resource for NJ businesses.
• Make sure to implement mandatory health screening assessments including a questionnaire and temperature checks.
• Limit the total number of employees in the office, enforce 6ft social distancing, and modify/reconfigure the office to allow for social distancing.
• Provide workers with facemasks at no cost and have an adequate supply in case of need for replacement. Train workers on how to use PPE. Limit the sharing of objects (i.e. tools, machinery, etc.)
• Adhere to hygiene, cleaning and disinfection requirements of the CDC and Department of Health. Provide and maintain hand hygiene stations in the office. Clean and disinfect the offices on a routine basis.
• Communicate, post signage and train employees on COVID 19 issues.
• Employees who are sick should stay home or return home if they become ill at work.
• Don’t forget about your leave obligations under FFCRA, Emergency FMLA, New York State COVID-19 leave, New York Paid Family Leave, New York City or Westchester Earned Sick Time, New Jersey Earned sick Leave,  or short-term disability leave
• Consider a delayed reopening or a slow opening, allowing employees to continue to obtain increased unemployment benefits.
• Don’t forget about your wage and hour obligations i.e. when you reduce salary/hours, pay wages, furlough employees, have employees work from home, impose temperature checks, pre-shift sanitizing, or daily check-in procedures.

*Attorney Advertising: The foregoing is a summary of the laws discussed above for the purpose of providing a general overview of these laws. These materials are not meant, nor should they be construed, to provide information that is specific to any law(s). The above is not legal advice and you should consult with counsel concerning the applicability of any law to your particular situation.