Responsible RestartOhio Plan

04.28.2020

On April 27, 2020, Governor DeWine announced the Responsible RestartOhio Plan (the “Plan”), which will phase in the reopening of Ohio businesses and includes requirements and protocols applicable to all businesses and the industry-specific timeframes in which certain industries are permitted to restart operations and services. Below are the 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 protocols:

  • Update as of April 29:  Businesses should require all employees to wear face coverings at all times, unless not advisable by a healthcare professional, against documented industry best practices, or not permitted by federal or state laws/regulations. Businesses are not required to provide masks, although it is recommended that businesses do so to prevent potential exposure to liability. Face coverings are recommended for customers and guests but not required.
  • Businesses must conduct daily heath evaluations to determine if employees are “fit for duty”. Businesses may require employees to conduct a self-evaluation.
  • Businesses must clean and sanitize workplaces throughout the workday and at the close of business or between shifts.
  • Businesses must continue to adhere to social distancing guidelines, including the following:
    • Establish maximum capacity to 50% of the capacity permitted under the fire code, and
    • Utilize appointments where possible.
  • Contact the local health district to report any known infections and work with the local health department to facilitate communication and contact tracing. 

II.  Reopening Timeline by Industry

Below are the industry-specific timeframes and additional requirements that specific industries must comply with to re-open in accordance with the Plan:

  • Healthcare and Related
    • Beginning on May 1, healthcare procedures and operations can take place, provided such procedures or operations do not require an overnight stay in a hospital. There will be future guidance on other procedures and operations that require an overnight stay.
    • Also, beginning on May 1, dentists and veterinarians can begin full operations without limitations.
  • Manufacturing, Distribution & Construction
    • Beginning on May 4, manufacturing, distribution and construction firms can re-open.
    • All such businesses must follow the above protocols and additional mandatory sector-specific guidelines set forth here.
  • General Office Environments
    • Beginning on May 4, office settings can reopen. However, work-at-home arrangements are still recommended. Businesses that open offices must comply with the above protocols and additional guidelines set forth here.
  • Consumer, Retail & Services
    • Beginning on May 12, consumer retail and general services can reopen. Businesses must comply with the above protocols and additional sector-specific guidelines set forth here.

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

KMK Law articles and blog posts are intended to bring attention to developments in the law and are not intended as legal advice for any particular client or any particular situation. The laws/regulations and interpretations thereof are evolving and subject to change. Although we will attempt to update articles/blog posts for material changes, the article/post may not reflect changes in laws/regulations or guidance issued after the date the article/post was published. Please consult with counsel of your choice regarding any specific questions you may have.

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