VERSION 1.0 – Effective May 11, 2020
Minimum Requirements for All Businesses
All businesses that are currently closed will remain closed until it is determined it is safe for their sector to begin reopening.
Closed Businesses Reopening. Each business must meet the following minimum requirements before they can reopen. If any business in a sector being reopened cannot comply with the minimum requirements set out below, they must wait to reopen until they are able to do so or until some or all of these restrictions are lifted.
Businesses That Have Remained Open. For those businesses that have been deemed life- sustaining and remained operating, they will be expected to meet the following minimum requirements no later than May 11, 2020.
- Continue telework where possible. Businesses should operate via phone or Internet to the greatest extent practicable. Employees who are able to perform their job duties via telework (phone or Internet) must continue to telework.
- Phased return to work. Businesses are encouraged to implement a phased return to work, including generous telework, sick leave, and family leave policies for those employees who are not able to come into work due to illness, taking care of a family member(s), or lack of childcare options.
- Enforce social distancing. Businesses must ensure that employees who are not able to telework and must be physically present at the office remain a minimum of six (6) feet away from all other employees and customers unless closer interaction is absolutely required to perform their job duties (e.g., health care examinations).
- Limit face-to-face interaction. Businesses must ensure that employees minimize face-to- face contact with one another and with customers to the greatest extent practicable. Meetings should be conducted via telephone or Internet if possible.
- Universal masks and any other necessary PPE.
Universal Employee Masks: Businesses must ensure, to the greatest extent practicable, that their employees wear a cloth mask (a surgical or N95 mask is not required). A business need not require an employee to wear a mask when masking would create a serious health or safety hazard to the employee or when the employee is working alone in an enclosed space. Employers shall provide PPE at no cost to employees. A business should offer instruction on proper use of masks and PPE.
CDC guidelines on proper use of PPE can be found at:
Encourage Customers to Mask: Businesses should encourage customers to wear masks, which the business may provide. A business may refuse to serve any customer who is not wearing a mask.
Access To Gloves: Businesses must ensure that employees whose job duties include touching items often touched by others (e.g., credit cards/cash, paper, computers) wear gloves that are regularly replaced.
- Adequate Hand Sanitizer and Encouraging Hand Washing. Businesses must supply adequate hand sanitizer (60% alcohol content or higher) for both employees and customers and ensure that it is made available near high-traffic and high-touch areas (e.g., doors or door handles). Businesses must also encourage routine and consistent hand washing for employees and customers.
- Restrict Common Areas. Businesses must, to the greatest extent practicable, restrict common areas such as lobbies, waiting rooms, break rooms, smoking areas, lunch rooms, and concession areas to maximize social distancing and reduce congregating.
- Proper sanitation. Businesses must sanitize frequently touched surfaces and areas a minimum of twice daily (e.g., door knobs, credit card machines, shared computers). When they have identified an employee who has COVID-19 or the associated symptoms, businesses must further ensure that they immediately restrict access to contaminated areas and post signage and adequately clean impacted areas. Any contaminated area should be off-limits to all but essential personnel for a minimum of 24 hours if practicable.
- Conduct daily temperature/health checks. Businesses must require employees to undergo daily temperature and health checks; these checks may be either self- administered or administered by the business prior to workplace entry. Self-administered temperature and health checks may performed at home. Sick employees should be directed to their health care provider to be tested and then instructed to quarantine at home as soon as any illness is detected. This includes employees that passed a temperature and health check prior to reporting to work but became ill during the course of the day. Guidance on COVID-19 symptoms and how to conduct temperature and health checks is available at healthyatwork.ky.gov.
- Create a testing plan. Businesses must ensure that any employee with COVID-19 symptoms is tested by a health care provider immediately. Businesses must ensure that employees are trained on how to isolate individuals with suspected or confirmed COVID-19 and how to report possible cases. If an employee tests positive, the business must immediately notify the local public health department and provide the employee’s information along with the information of other employees or customers with whom the COVID-19 positive employee came in contact.
- Make special accommodations. Businesses must, to the greatest extent practicable, make special accommodations for employees and customers at higher risk for severe illness. Individuals in these high-risk categories have been identified by the Centers for Disease Control and Prevention – further information is available at: https://www.cdc.gov/coronavirus/2019-ncov/faq.html#Higher-Risk.
- Designate a “Healthy at Work” Officer. Businesses must ensure that an employee is designated as its Healthy at Work Officer. This individual will be responsible for the business’s compliance with this guidance and any other guidance provided. Businesses should allow for employees to identify and communicate potential improvements and/or concerns to the Healthy at Work designated Officer or management.
- Educate and Train Employees. Businesses must educate and train all individuals, including employees, temporary employees, contractors, vendors, customers, etc., regarding the Healthy at Work protocols. This training must be offered during scheduled work times at no cost to the employee.
- Contact Tracing. Businesses must ensure that managers and employees participate in contact tracing if an employee tests positive. This includes answering questions from public health officials and completing the Contact Tracing Form. Businesses must ensure that managers and employees have access to this form and are trained how to accurately complete it.
If any business fails to comply with this guidance, they can be reported to KYSAFER at 833- KYSAFER or kysafer.ky.gov.