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April 6, 2020
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On April 5, 2020, the Pennsylvania Department of Health released an Order requiring businesses with in-person operations during COVID-19 to adopt and implement certain safety measures. Businesses covered by the Order include those with facilities of at least 50,000 square feet used for “commercial, industrial or other enterprises” that are either life-sustaining businesses or have been granted an exemption from the Governor’s March 19, 2020 closure order. The Order went into effect on April 6, 2020.

Businesses covered by the Order must adopt and implement certain cleaning protocols to help mitigate the spread of COVID-19, including routine disinfection of high-touch areas in accordance with guidance from the Centers for Disease Control.  In addition to complying with the Order, businesses should remain aware of the various workplace standards enforced by the Occupational Safety and Health Administration (“OSHA”). Notably, businesses should review their operations for compliance with OSHA’s sanitation standard, such as by ensuring employee access to potable water and washing facilities necessary for personal hygiene.

While implementing the safety measures in the Order, businesses should be careful not to introduce or create additional workplace hazards. For example, businesses should consider OSHA’s requirements for walking-working surfaces to mitigate the potential slip, trip, and fall hazards created by increased cleaning activities.  Depending on the nature of a business’s operations, additional OSHA standards may be implicated when implementing the safety measures.

For assistance in addressing any environmental, health, and safety issues, McNees attorneys remain available to assist you 24/7 as the need arises: 
Steve Matzura (smatzura@mcneeslaw.com) (Mobile: 570.205.3878);
Andrew Levy (alevy@mcneeslaw.com); and
Errin McCaulley (emccaulley@mcneeslaw.com).

Regular updates concerning COVID-19 are also posted on the McNees COVID-19 Resource Page.

© 2020 McNees Wallace & Nurick LLC
McNees Client Alert is presented with the understanding that the publisher does not render specific legal, accounting or other professional service to the reader. Due to the rapidly changing nature of the law, information contained in this publication may become outdated. Anyone using this material must always research original sources of authority and update this information to ensure accuracy and applicability to specific legal matters. In no event will the authors, the reviewers or the publisher be liable for any damage, whether direct, indirect or consequential, claimed to result from the use of this material.