Kentucky “Healthy at Work”

On April 29, 2020, Governor Beshear announced the implementation of Phase 1 of the “Healthy at Work” plan (the “Plan”), which will phase in the reopening of certain Kentucky businesses and includes requirements and protocols applicable to all businesses and the timeframes in which certain businesses are permitted to restart operations and services.

Kentucky’s current “stay-at-home” order remains in place indefinitely, and Governor Beshear has not given an indication as to when this order will be revoked or limited in scope. Since the Governor has not issued an order or other formal authority implementing Phase 1 of the Plan, it is unclear how the Plan will correspond with the order currently still in effect. However, below are primary highlights of the Plan:

I.  Protocols Applicable to All Businesses

Under the Plan, businesses allowed to re-open will be required to comply with the following rules:

• Businesses must continue working remotely where possible;
• Business must phase in employees returning to work;
• Business must provide daily onsite temperature/health checks;
• Businesses must provide masks and other necessary personal protective equipment and require employees and customer to wear masks;
• Businesses must close access to common areas;
• Businesses must enforce social distancing guidelines;
• Businesses must limit face-to-face meetings;
• Businesses must sanitize work environments in accordance with CDC guidance;
• Businesses must make special accommodations for personnel who are in vulnerable populations; and
• Businesses must report positive tests to the Kentucky Department of Public Health or local health department.

II.  Reopening Timeline

The Plan provides the following timelines for the reopening of specific industries and businesses:

• On May 11, non-essential manufacturing and construction, automobile and boat dealerships, professional services firms and pet groomers are permitted to reopen. However, professional services firms will only be allowed to reopen at 50% of capacity. Governor Beshear also indicated that manufacturing and construction sites will be subject to additional rules, but these have not yet been specified.
• On May 20, non-essential retail stores will be permitted to reopen.
• On May 25, Barbers, salons, cosmetology businesses and similar services will be permitted to reopen.

The Plan does not address the timeline in which other businesses, such as restaurants, gyms, movie theaters and daycares, may restart operations. However, businesses and industries not covered in Phase 1 will be able to develop and submit proposals to the Kentucky Department of Health for approval to reopen. Businesses may submit these proposals at https://secure.kentucky.gov/formservices/TeamKentucky/ReopenKY and industry groups may submit proposals at https://secure.kentucky.gov/formservices/TeamKentucky/BusinessReopenKY.

KMK will continue to monitor developments related to implementation of the Plan and will make sure to summarize additional guidance as it becomes available.