Colorado’s Safer-At-Home Order – What Does it Mean for Your Business?

The last day of the State of Colorado’s stay-at-home order was April 26, 2020. The next day, a “safer-at-home” order went into place under Amended Public Health Order 20-28. Under this new order,  Colorado will experience a gradual reopening of businesses with strict new guidelines as to how those businesses should now operate.

Starting on April 27, 2020 retailers could begin curbside sales, and real estate showings could resume. On May 1, 2020, retailers and personal services such as salons could open. On May 4, 2020, non-critical offices could open under certain restrictions. There has been somewhat vague messaging from the state for restaurants, bars, coffee shops, and other shops, saying opening those locations for sit-down service will be addressed later in May after Colorado determines how smoothly the first phase of its reopening goes.

What are these new restrictions and what do these new guidelines mean for businesses, customers, and employees?

While there are industry-specific restrictions, such as with childcare facilities, nursing homes, or personal services, many of the new guidelines remain similar regardless of the type of business.

Under the safer-at-home order, businesses who begin reopening should at a minimum employ the following guidelines:

• Monitoring the symptoms of employees and making symptomatic workers go home;

• Deputizing a COVID-19 coordinator for your business to be the contact for all employees, customers, and vendors who are responsible for all COVID-19 issues and their impact on the workplace;

• Altering workspace to separate employees by at least 6 feet;

• Discouraging the use of common areas such as break rooms;

• Sanitizing high touch areas and equipment frequently;

• Avoiding gatherings of more than ten people and eliminating unnecessary meetings;

• Providing protective equipment such as masks and gloves;

• Encouraging telecommuting whenever possible, or, in the alternative, flexible schedules where a limited number of employees go to the office each day while the remainder work remotely;

• Providing hand sanitizer and handwashing stations and encouraging hand washing breaks for all employees;

• Offering special hours for vulnerable customers; and

• Requiring customers to wear masks and/or gloves in order to enter your business.

As mentioned there are industry-specific guidelines meant to protect employees and customers who utilize certain services of products of certain businesses.  Examples include restricted occupancy for salons and retailers, 50% staffing at physical locations for office workers and altering workspace to discourage face to face contact in factories.

Employees in vulnerable populations should be given the flexibility to work remotely if possible. Employers cannot discriminate against vulnerable employees for requesting to work remotely or refuse to work for safety reasons. Additionally, a vulnerable employee may be able to collect unemployment for losing their job because of being more vulnerable to severe complications from COVID-19.  

It should also be noted that different locations in the state may have restrictions that exceed the state guidelines. For example, some cities, such as Wheat Ridge and Denver, are mandating that all people wear masks in public. In Denver, Mayor Michael Hancock said that offices will be able to reopen with 50% or fewer employees on-site and six feet of social distancing between them. Businesses providing personal services such as nail and hair salons or businesses such as eye doctors and chiropractors must operate by appointment only and have ten or fewer people on site. Restaurants, bars, live venues, stadiums, gyms, and fitness studios (with “very limited exceptions”) will remain closed. Additionally, any store located in a mall without an outdoor entrance will remain closed.

Additional Steps you can take when reopening your business?

Reopening a business during this safer- at-home phase is sure to be a gradual and ongoing process in which everyone is learning. For the safety of all employees and customers, employers need to comply with local, state, and federal guidelines in reopening. Each business, depending on its respective industry, will have to meet different requirements when and if they are able to reopen.

In addition to the requirements mentioned above and those requirements in the orders applicable to the business’ local jurisdiction, employers should consider:

• Obtaining (without contact) a digitally signed COVID-19 release and waiver from any visitors of the business to avoid any potential liability due to a visitor contracting COVID-19 during their visit;

• Developing a written reopening plan with policies and procedures to deal with anticipated and unanticipated issues;

• Marking premises with suggested standing areas in compliance with social distancing guidelines;

• Evaluating supply chains for procurement of personal protective equipment to ensure the business has adequate supplies to handle the demands of reopening, and requiring the use of all protective equipment by anyone on-site;

• Identifying alternative supply chains in case of shortages as well as communicate with supply chain partners to share best practices is slowing the spread of COVID-19;

• Creating a contingency plan for scheduling if employees are absent from work due to their own illness or to care for others;

• Establishing guidelines for working remotely, if possible;

• Contacting insurance providers to determine if COVID coverage can be obtained for general and specific policies, and for claims of exposure through workers’ compensation;

• Communicating the business’ plan to employees and obtaining continual feedback on the implementation of the reopening;

• Educating employees about how they can reduce the spread of COVID-19 and employ policies to accomplish such goal;

• Monitoring the condition of all employees and customers and implementing a response plan if COVID-like symptoms are shown; and

• Preparing for the event that the business is forced to cease operations due to a spike in cases in the workplace or even due to government orders.

Each business will have different needs and requirements. Contact your attorney to discuss your specific considerations and obtaining a COVID-19 waiver, or reach out to set up a free 30-minute consultation with one of ours.