Application — Agudath Israel of America, et al., Applicants v. Andrew M. Cuomo, Governor of New York
Supreme Court briefNov 16, 2020
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App. No. 20A
In the
Supreme Court of the United States
AGUDATH ISRAEL OF AMERICA, AGUDATH ISRAEL OF KEW GARDEN
HILLS, AGUDATH ISRAEL OF MADISON, RABBI YISROEL REISMAN,
STEVEN SAPHIRSTEIN,
Applicants,
v.
ANDREW M. CUOMO, IN HIS OFFICIAL CAPACITY
AS GOVERNOR OF NEW YORK,
Respondent.
To the Honorable Stephen Breyer Associate Justice of the Supreme Court
of the United States and Acting Circuit Justice for the Second Circuit
APPENDIX TO EMERGENCY APPLICATION
FOR WRIT OF INJUNCTION
VOLUME II (Pages App. 253 to App. 520)
Eric C. Rassbach
Daniel Blomberg
A dèle A. Keim
Joseph Davis
The Becket Fund
For Religious Liberty
1200 New Hampshire Avenue NW,
Suite 700
Washington, DC 20036
(202) 955-0095
Avi Schick
Counsel of Record
Misha Tseytlin
W. A lex Smith
Sean T.H. Dutton
Troutman Pepper Hamilton
Sanders LLP
875 Third Avenue
New York, NY 10022
(212) 704-0000
avi.schick@troutman.com
Counsel for Applicants
299998
A
(800) 274-3321 • (800) 359-6859
TABLE OF CONTENTS
Order Denying Motion for Injunction Pending Appeal, Agudath
Israel of Am. et al. v. Cuomo, No. 20-3572 (2d Cir. Nov. 9,
2020), Dkt. 97 …………………………………………………………………………... App. 1
Judge Michael H. Park, Dissenting from Order Denying Motion
for Injunction Pending Appeal, Agudath Israel of Am. et al. v.
Cuomo, No. 20-3572 (2d Cir. Nov. 9, 2020), Dkt. 98 …………………..…………. App. 6
Transcript of Hearing on Preliminary Injunction, Agudath Israel
of Am. et al. v. Cuomo, No. 1:20-cv-04834 (E.D.N.Y.
Oct. 9, 2020) ……………………………………………………………..……………. App. 10
Plaintiff’s Reply Brief in Support of Motion for Injunction, R. 13 ……………. App. 79
Andrew M. Cuomo, Governor Cuomo Updates New Yorkers On
State’s Progress During COVID-19 Pandemic, R. 2-4 ………………………….. App. 94
Plaintiffs’ Emergency Motion for Injunction Pending Appeal,
Dkt. 21-1 ……………………………………………………………………………… App. 106
Brief Amicus Curiae of the Muslim Public Affairs Council et al. in
Support of Plaintiffs-Appellants and Reversal, Dkt. 57 ……………………… App. 138
Affidavit of Steven Saphirstein, R. 2-19 ………………………………………… App. 167
Affidavit of Rabbi Menachem Feifer, R. 2-20 …………………………………... App. 172
Affidavit of Rabbi Yisroel Reisman, R. 2-21 ……………………………………. App. 177
Affidavit of Aharon Weisenfeld, R. 2-17 ………………………………………… App. 182
Executive Order No. 202, R. 2-10 ….……………………………………………... App. 184
Empire State Development, Guidance for Determining Whether
A Business Enterprise is Subject to A Workforce Reduction
Under Executive Order 202.68, Related to New York’s Cluster
Action Initiative to Address COVID-19 Hotspots, R. 2-13 …………………… App. 188
New York Forward, Phase One, Two, Three, and Four Industries,
R. 2-11 ………………………………………………………………………………… App. 202
N.Y. State, Dep’t of Health, Interim Guidance for Office-Based
Work During the COVID-19 Public Health Emergency, R. 2-15 ………….... App. 253
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N.Y. State, Dep’t of Health, Interim Guidance for Essential &
Phase II Retail Business Activities During the COVID-19
Public Health Emergency, R. 2-16 ……………………………………………….. App. 266
N.Y. State, Dep’t of Health, Interim Guidance for Religious &
Funeral Services During the COVID-19 Public Health
Emergency, R. 2-12 ……………………………………………………………….... App. 292
Plaintiffs-Appellants’ Reply Brief in Support of Emergency
Motion for Injunction Pending Appeal, Dkt. 79 ………………………………... App. 303
Executive Order No. 202.68, R. 2-8 …………………………………………….... App. 322
Andrew M. Cuomo, Governor Cuomo Announces New Cluster
Action Initiative, R. 2-9 ……………………………………………………………. App. 325
N.Y. State, Dep’t of Health, Interim Guidance for In-Person
Instruction At Pre-K to Grade 12 Schools During the
COVID-19 Public Health Emergency, R. 2-14 …………………………………. App. 336
Brief Amicus Curiae of the Becket Fund for Religious Liberty
and the Jewish Coalition for Religious Liberty in Support of
Plaintiffs-Appellants and Injunction Pending Appeal, Dkt. 49-2 …………… App. 374
Plaintiffs’ Complaint for Declaratory and Injunctive Relief, R. 1 …………... App. 395
Plaintiffs’ Motion for a Temporary Restraining Order and a
Preliminary Injunction, R. 2 …………………………………………………….... App. 420
Declaration of Howard A. Zucker, M.D., J.D., R. 12 …………………………... App. 425
Supplemental Declaration of Howard A. Zucker, M.D., J.D.,
The Roman Catholic Diocese of Brooklyn, New York v.
Cuomo, No. 1:20-cv-04844 (E.D.N.Y. Oct. 16, 2020), Dkt. 29-1 ……………… App. 449
Defendant-Appellee’s Memorandum of Law In Opposition to
Plaintiffs-Appellants’ Emergency Motion for an Injunction
Pending Appeal, Dkt. 60 …………………………………………………………… App. 457
Plaintiffs’ Letter Motion for Injunctive Relief Pending Appeal,
R. 22 …………………………………………………………………………………... App. 495
Brief Amicus Curiae of the Becket Fund for Religious Liberty in
Support of the Plaintiff, Cap. Hill Baptist Church v. Bowser,
1:20-CV-02710 (D.D.C. Oct. 7, 2020), Dkt. 28 ………………………………….. App. 497
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EXHIBIT L
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INTERIM GUIDANCE FOR OFFICE-BASED WORK
DURING THE COVID-19 PUBLIC HEALTH EMERGENCY
When you have read this document, you can affirm at the bottom.
As of July 17, 2020
Purpose
This Interim Guidance for Office-Based Work during the COVID-19 Public Health Emergency (“Interim
COVID-19 Guidance for Office-Based Work”) was created to provide businesses and entities that operate
in office spaces and their employees and contractors with precautions to help protect against the spread
of COVID-19 as their businesses reopen or continue to operate.
This guidance addresses business activities where the core function takes place within an office setting.
This guidance may apply – but is not limited – to businesses and entities in the following sectors:
Professional services, nonprofit, technology, administrative support, and higher education administration
(excluding full campus reopening). Please note that these guidelines may also apply to business
operating parts of their business functions under different guidelines (e.g. front office for a construction
company). This guidance does not address medical offices, such as doctors’ offices or dentists’ offices.
This guidance also does not address building owners/managers and their employees or contractors. For
more information on building management, see, “Interim COVID-19 Guidance for Commercial Building
Management.”
These guidelines are minimum requirements only and any employer is free to provide additional
precautions or increased restrictions. These guidelines are based on the best-known public health
practices at the time of publication, and the documentation upon which these guidelines are based can
and does change frequently. The Responsible Parties – as defined below – are accountable for adhering
to all local, state and federal requirements relative to office-based work activities. The Responsible Parties
are also accountable for staying current with any updates to these requirements, as well as incorporating
same into any office-based work activities and/or Site Safety Plan.
Background
On March 7, 2020, Governor Andrew M. Cuomo issued Executive Order 202, declaring a state of
emergency in response to COVID-19. Community transmission of COVID-19 has occurred throughout
New York. To minimize further spread, social distancing of at least six feet must be maintained between
individuals, where possible.
On March 20, 2020, Governor Cuomo issued Executive Order 202.6, directing all non-essential businesses
to close in-office personnel functions. Essential businesses, as defined by Empire State Development
Corporation (ESD) guidance, were not subject to the in-person restriction, but were, however, directed to
comply with the guidance and directives for maintaining a clean and safe work environment issued by the
New York State Department of Health (DOH), and were strongly urged to maintain social distancing
measures to the extent possible.
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On April 12, 2020, Governor Cuomo issued Executive Order 202.16, directing essential businesses to
provide employees, who are present in the workplace, with a face covering, at no-cost, that must be
used when in direct contact with customers or members of the public during the course of their work.
On April 15, 2020, Governor Cuomo issued Executive Order 202.17, directing that any individual who is
over age two and able to medically tolerate a face-covering must cover their nose and mouth with a
mask or cloth face-covering when in a public place and unable to maintain, or when not maintaining,
social distance. On April 16, 2020, Governor Cuomo issued Executive Order 202.18, directing that
everyone using public or private transportation carriers or other for-hire vehicles, who is over age two
and able to medically tolerate a face covering, must wear a mask or face covering over the nose and
mouth during any such trip. It also directed any operators or drivers of public or private transport to wear
a face covering or mask which covers the nose and mouth while there are any passengers in such a
vehicle. On May 29, 2020, Governor Cuomo issued Executive Order 202.34, authorizing business
operators/owners with the discretion to deny admittance to individuals who fail to comply with the face
covering or mask requirements.
On April 26, 2020, Governor Cuomo announced a phased approach to reopen industries and businesses
in New York in phases based upon a data-driven, regional analysis. On May 4, 2020, the Governor
provided that the regional analysis would consider several public health factors, including new COVID-19
infections, as well as health care system, diagnostic testing, and contact tracing capacity. On May 11,
2020, Governor Cuomo announced that the first phase of reopening would begin on May 15, 2020 in
several regions of New York, based upon available regional metrics and indicators. On May 29, 2020,
Governor Cuomo announced that the second phase of reopening would begin in several regions of the
state, and announced the use of a new early warning dashboard that aggregates the state's expansive
data collection efforts for New Yorkers, government officials, and experts to monitor and review how the
virus is being contained to ensure a safe reopening.
In addition to the following standards, both essential and non-essential businesses must continue to
comply with the guidance and directives for maintaining clean and safe work environments issued by
DOH.
Please note that where guidance in this document differs from other guidance documents issued by New
York State, the more recent guidance shall apply.
Standards for Responsible Office-Based Work Activities in New York State
No office-based work activities can operate without meeting the following minimum State standards, as
well as applicable federal requirements, including but not limited to such minimum standards of the
Americans with Disabilities Act (ADA), Centers for Disease Control and Prevention (CDC), Environmental
Protection Agency (EPA), and United States Department of Labor’s Occupational Safety and Health
Administration (OSHA). The State standards apply to all office-based work activities (essential and nonessential) in operation during the COVID-19 public health emergency until rescinded or amended by the
State.
The State standards contained within this guidance apply to all office-based work activity – both essential
and non-essential – in operation during the COVID-19 public health emergency until rescinded or
amended by the State. The owner/operator of the business with office-based functions, or another party
as may be designated by the owner/operator (in either case, "the Responsible Parties"), shall be
responsible for meeting these standards. The designated party can be an individual or group of
individuals responsible for the operations of individual office locations/spaces. The building owner, or
their designee, shall be primarily responsible for meeting standards with respect to any unleased or
common areas, and the tenant, if not the owner, shall be primarily responsible for meeting these
standards with respect to their leased space(s), unless the tenant and building owner reach an alternate
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agreement in regard to such responsibilities (e.g. joint screening protocol). Note that the following
guidance specifically addresses tenants occupying office space and their employees, contractors, and
visitors. Responsible Parties for the entities occupying office spaces should coordinate with building
owners/managers, where applicable, on the implementation of practices in accordance with this
guidance.
Note that, except where noted otherwise, references made to “employees” are to the office-based
businesses/tenants and their employees and/or contractors. Responsible Parties should coordinate with
building managers, where applicable, on the implementation of practices in accordance with this
guidance. For more information on building managers and their employees, see “Interim COVID-19
Guidance for Commercial Building Management.”
The following guidance is organized around three distinct categories: people, places, and processes.
I. PEOPLE
A. Physical Distancing
•
Where office-based work is located in a region that is in Phases II, III, or IV, the total number of
occupants is limited to no more than 50% of the maximum occupancy at any given time for a
particular area as set by the certificate of occupancy. Where applicable, Responsible Parties should
work with building owners/managers to maintain capacity limits; and
•
Responsible Parties must ensure that a distance of at least six feet is maintained among individuals at
all times, unless safety of the core activity requires a shorter distance. Any time individuals must
come within six feet of another person, acceptable face coverings must be worn. Individuals must be
prepared to don a face covering if another person unexpectedly comes within six feet.
•
o
Acceptable face coverings for COVID-19 include but are not limited to cloth-based face coverings
and disposable masks that cover both the mouth and nose.
o
However, cloth, disposable, or other homemade face coverings are not acceptable face coverings
for workplace activities that typically require a higher degree of protection for personal protective
equipment (PPE) due to the nature of the work. For those activities, N95 respirators or other PPE
used under existing industry standards should continue to be used, as is defined in accordance
with OSHA guidelines.
o
Responsible Parties should consider closing any common indoor or outdoor seating areas (e.g.
reception areas) within their office space. To the extent that such spaces remain open,
Responsible Parties must modify seating areas arrangements (e.g. chairs, tables) to ensure that
individuals are at least six feet apart in all directions (e.g. side-to-side and when facing one
another).
Responsible Parties may modify or reconfigure the use and/or restrict the number of workstations,
employee seating areas, and desks, so that employees are at least six feet apart in all directions (e.g.
side-to-side and when facing one another) and are not sharing workstations without cleaning and
disinfection between use. When distancing is not feasible between workstations, Responsible Parties
must provide and require the use of face coverings or physical barriers (e.g. plastic shielding walls, in
lieu of face coverings in areas where they would not affect air flow, heating, cooling or ventilation).
o
Physical barriers should be put in place in accordance with OSHA guidelines.
o
Physical barrier options may include: strip curtains, cubicle walls, plexiglass or similar materials,
or other impermeable dividers or partitions.
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•
Responsible Parties should consider implementing strict clean-desk policies, so that non-essential
items are stored in enclosed cabinets or drawers, rather than on desks.
•
Responsible Parties should limit the use of shared workstations (e.g. “hot-desks”), to the extent
practicable. To the extent that such workstations remain in use, they must be cleaned and disinfected
between users.
•
Responsible Parties should prohibit the use of small spaces (e.g. elevators, supply rooms, personal
offices, vehicles) by more than one individual at a time, unless all individuals in such space at the
same time are wearing acceptable face coverings. However, even when face coverings in use,
occupancy must never exceed 50% of the maximum capacity of the space or vehicle, unless it is
designed for use by a single occupant. Responsible Parties should increase ventilation with outdoor
air to the greatest extent possible (e.g., opening windows and doors in individual office rooms), while
maintaining safety protocols. Responsible Parties should take additional measures to prevent
congregation in elevator waiting areas and limit density in elevators, by enabling the use of stairs.
•
o
Responsible Parties may leverage technology, such as room sensors and real-time dashboards, to
quantify and display utilization of spaces throughout the office.
o
Responsible Parties must restrict access to areas that have reached maximum capacity under
distancing guidelines.
Responsible Parties should put in place measures to reduce bi-directional foot traffic using tape or
signs with arrows in narrow aisles, hallways, or spaces, and post signage and distance markers
denoting spaces of six feet in all commonly used areas and any areas in which lines are commonly
formed or people may congregate (e.g. copy rooms, kitchens, reception desks, health screening
stations).
o
•
Responsible Parties should mark six feet distance circles around workstations and other common
stationary work areas.
Responsible Parties must post signs throughout the office, consistent with DOH COVID-19 signage.
Responsible Parties can develop their own customized signage specific to their workplace or setting,
provided that such signage is consistent with the Department’s signage. Signage should be used to
remind individuals to:
o
Cover their nose and mouth with a face covering when six feet of social distance cannot be
maintained.
o
Properly store and, when necessary, discard PPE.
o
Adhere to physical distancing instructions.
o
Report symptoms of or exposure to COVID-19, and how they should do so.
o
Follow hand hygiene and cleaning and disinfection guidelines.
o
Follow appropriate respiratory hygiene and cough etiquette.
B. Gatherings in Enclosed Spaces
•
Responsible Parties should encourage the use of video or teleconferencing for their employee
meetings whenever possible to reduce the density of in-person gatherings, per CDC guidance
“Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019
(COVID-19)”. Responsible Parties should hold in-person meetings in open, well-ventilated spaces and
ensure that individuals maintain six feet of social distance between one another (e.g. if there are
chairs, leave space between chairs, have employees sit in alternating chairs) or wear appropriate face
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coverings. Responsible Parties may consider implementing the following practices to remind
participants of appropriate social distancing measures when meetings are held:
o
Mark tables in meeting rooms with appropriate distance markers.
•
Responsible Parties should encourage social distancing by limiting occupancy or closing non-essential
amenities and communal areas that do not allow for social distancing protocols. If open, Responsible
Parties must make hand sanitizer or disinfecting wipes available next to equipment near such
amenities (e.g. vending machines, communal coffee stations).
•
Responsible Parties must put in place practices for adequate social distancing in small areas, such as
restrooms and breakrooms, and should develop signage and systems (e.g. flagging when occupied)
to restrict occupancy when social distancing cannot be maintained in such areas.
•
Responsible Parties should stagger schedules for employees to observe social distancing for any
gathering (e.g. coffee breaks, meals, and shift starts/stops).
•
If required, employees that don’t need to be in the office may be allowed to collect documents from
their place of work on a case-by-case basis, but such collection should occur minimally, not with
frequency.
•
Non-essential common areas (e.g. gyms, pools, game rooms) must remain closed.
C. Workplace Activity
•
Responsible Parties must take measures to reduce interpersonal contact and congregation, through
methods such as:
o
adjusting workplace hours;
o
reducing in-office workforce to accommodate social distancing guidelines;
o
shifting design (e.g. A/B teams, staggered arrival/departure times to reduce congestion in lobbies
and elevators); and/or
o
avoiding multiple teams working in one area by staggering scheduled tasks and using signs to
indicate occupied areas.
•
Responsible Parties should create polices which encourage employees to work from home when
feasible. Responsible Parties may choose to develop return-to-office tiers or waves for employees
based on factors such as function, safe transportation, and ability to work remotely, as noted in
Section II “People,” Subsection C “Phased Reopening.”
•
Responsible Parties may choose to implement best practices for employees to successfully work from
home, such as:
o
Conducting regular surveys of employees to determine what practices are working and what can
be improved;
o
Providing tips and tricks for employees to enhance remote work sustainability;
o
Allowing for employees to set morning and evening boundaries and taking regular breaks
throughout the day;
o
Informing employees of the resources they have readily available.
D. Movement and Commerce
•
Responsible Parties should consider limiting all non-essential travel.
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•
Responsible Parties must establish designated areas for pickups and deliveries, limiting contact to the
extent possible.
•
Responsible Parties should limit on-site interactions (e.g. designate an egress for employees leaving
their shifts and a separate ingress for employees starting their shifts) and movements (e.g.
employees should remain near their workstations as often as possible).
II. PLACES
A. Protective Equipment
•
In addition to the necessary PPE as required for certain workplace activities, Responsible Parties must
procure, fashion, or otherwise obtain acceptable face coverings and provide such coverings to their
employees while at work at no cost to the employee. Responsible Parties should have an adequate
supply of face coverings, masks and other required PPE on hand should an employee need a
replacement, or should a visitor be in need. Acceptable face coverings include, but are not limited to,
cloth (e.g. homemade sewn, quick cut, bandana), surgical masks, and face shields.
•
Face coverings must be cleaned or replaced after use and may not be shared. Please consult CDC
guidance for additional information on cloth face coverings and other types of PPE, as well as
instructions on use and cleaning.
o
Note that cloth face coverings or disposable masks shall not be considered acceptable face
coverings for workplace activities that require a higher degree of protection for face covering
requirements. For example, if N95 respirators are traditionally required for specific activities, a
cloth or homemade mask would not suffice. Responsible Parties must adhere to OSHA standards
for such safety equipment.
•
Responsible Parties must allow employees to use their own acceptable face coverings but cannot
require employees to supply their own face coverings. Further, this guidance shall not prevent
employees from wearing their personally owned additional protective coverings (e.g. surgical masks,
N95 respirators, or face shields), or if the Responsible Parties otherwise requires employees to wear
more protective PPE due to the nature of their work. Employers should comply with all applicable
OSHA standards.
•
Responsible Parties must train employees on how to adequately put on, take off, clean (as
applicable), and discard PPE, including but not limited to, appropriate face coverings. Such training
should be extended to contractors if the Responsible Parties will be supplying the contractors with
PPE.
•
Responsible Parties must advise employees and visitors to wear face coverings in common areas
including elevators, lobbies, and when traveling around the office.
•
Responsible Parties must put in place measures to limit the sharing of objects, such as laptops,
notebooks, touchscreens, and writing utensils, as well as the touching of shared surfaces, such as
conference tables; or, require employees to perform hand hygiene before and after contact.
B. Hygiene, Cleaning, and Disinfection
•
Responsible Parties must ensure adherence to hygiene and cleaning and disinfection requirements as
advised by the CDC and DOH, including “Guidance for Cleaning and Disinfection of Public and Private
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Facilities for COVID-19,” and the “STOP THE SPREAD” poster, as applicable. Responsible Parties must
maintain logs that include the date, time, and scope of cleaning and disinfection.
•
Responsible Parties must provide and maintain hand hygiene stations on in the office, as follows:
o
For handwashing: soap, running warm water, and disposable paper towels.
o
For hand sanitizing: an alcohol-based hand sanitizer containing at least 60% alcohol for areas
where handwashing facilities may not be available or practical.
o
Make hand sanitizer available throughout common areas in the office. It should be placed in
convenient locations, such as at entrances, exits, and reception desks. Touch-free hand sanitizer
dispensers should be installed where possible.
•
Responsible Parties should place signage near hand sanitizer stations indicating that visibly soiled
hands should be washed with soap and water; hand sanitizer is not effective on visibly soiled hands.
•
Responsible Parties should place receptacles around the building for disposal of soiled items,
including PPE.
•
Responsible Parties must provide appropriate cleaning and disinfection supplies for shared and
frequently touched surfaces and encourage their employees (or cleaning staffs) to use these supplies,
following manufacturer’s instructions, before and after use of these surfaces, followed by hand
hygiene.
o
•
To reduce high-touch surfaces, Responsible Parties should install touch-free amenities such as
water fountains, trash-cans, and hand-dryers.
Responsible Parties must conduct regular cleaning and disinfection of the building and more frequent
cleaning and disinfection for high risk areas used by many individuals and for frequently touched
surfaces. Cleaning and disinfection must be rigorous and ongoing and should occur at least after
each shift, daily, or more frequently as needed. Please refer to DOH’s “Interim Guidance for Cleaning
and Disinfection of Public and Private Facilities for COVID-19” for detailed instructions on how to
clean and disinfect facilities.
o
Responsible Parties must ensure regular cleaning and disinfection of restrooms. Restrooms
should be cleaned and disinfected more often depending on frequency of use.
▪
Responsible Parties must ensure distancing rules are adhered to by using signage, occupied
markers, or other methods to reduce restroom capacity where feasible.
o
Responsible Parties must ensure that materials and tools are regularly cleaned and disinfected
using registered disinfectants, including at least as often as employees or visitors change
workstations or move to a new set of materials. Refer to the Department of Environmental
Conservation (DEC) list of products registered in New York State and identified by the EPA as
effective against COVID-19.
o
If cleaning or disinfection products or the act of cleaning and disinfection causes safety hazards
or degrades the material or machinery, Responsible Parties must put in place hand hygiene
stations between use and/or supply disposable gloves and/or limitations on the number of
employees using such machinery.
o
Responsible Parties must provide for the cleaning and disinfection of exposed areas in the event
an individual is confirmed to have COVID-19, with such cleaning and disinfection to include, at a
minimum, all heavy transit areas and high-touch surfaces (e.g. touchscreens, printers, keypads,
telephones, hand rails, door handles, vending machines, communal coffee stations).
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•
CDC guidelines on “Cleaning and Disinfecting Your Facility” if someone is suspected or confirmed to
have COVID-19 are as follows:
o
▪
Responsible Parties do not necessarily need to close operations, if they can close off the
affected areas.
▪
Shared building spaces used by the person suspected or confirmed to have COVID-19 (e.g.
elevators, lobbies, building entrances) must also be shut down and cleaned and disinfected in
coordination with the building manager (For more information, see, "Interim COVID-19
Guidance for Commercial Building Management”).
o
Open outside doors and windows to increase air circulation in the area.
o
Wait 24 hours before you clean or and disinfect. If 24 hours is not feasible, wait as long as
possible.
o
Clean and disinfect all areas used by the person suspected or confirmed to have COVID-19, such
as offices, bathrooms, common areas, and shared equipment.
o
Once the area has been appropriately cleaned and disinfected, it can be reopened for use.
o
•
Close off areas used by the person suspected or confirmed to have COVID-19.
▪
Employees without close or proximate contact with the person suspected or confirmed to
have COVID-19 can return to the work area immediately after cleaning and disinfection.
▪
Refer to DOH’s “Interim Guidance for Public and Private Employees Returning to Work
Following COVID-19 Infection or Exposure“ for information on “close or proximate” contacts.
If more than seven days have passed since the person who is suspected or confirmed to have
COVID-19 visited or used the facility, additional cleaning and disinfection is not necessary, but
routine cleaning and disinfection should continue.
Responsible Parties must prohibit shared food and beverages among employees (e.g. self-serve
meals and beverages), encourage employees to bring lunch from home, and reserve adequate space
for employees to observe social distancing while eating meals.
C. Phased Reopening
•
Responsible Parties are encouraged to phase-in reopening activities so as to allow for operational
issues to be resolved before production or work activities return to normal levels. Responsible Parties
should consider limiting the number of employees, hours, and number of customers available to be
served when first reopening so as to provide operations with the ability to adjust to the changes.
D. Communications Plan
•
Responsible Parties must affirm that they have reviewed and understand the state-issued industry
guidelines, and that they will implement them.
•
Responsible Parties should develop a communications plan for employees and visitors, and customers
that includes applicable instructions, training, signage, and a consistent means to provide employees
with information. Responsible Parties should work with building management to help facilitate any
building-wide communications. Responsible Parties may consider developing webpages, text and
email groups, and social media.
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•
Responsible Parties should encourage customers to adhere to CDC and DOH guidance regarding the
use of PPE, specifically face coverings when a social distance of six feet cannot be maintained,
through verbal communication and signage.
•
Responsible Parties should post signage inside and outside of the retail location to remind personnel
and customers to adhere to proper hygiene, social distancing rules, appropriate use of PPE, and
cleaning and disinfection protocols.
•
Responsible Parties should provide building managers/owners a list of essential visitors expected to
enter the building.
III. PROCESSES
A. Screening and Testing
•
Responsible Parties must implement mandatory daily health screening practices of their employees
and, where practicable, visitors, but such screening shall not be mandated for delivery personnel.
o
Screening practices may be performed remotely (e.g. by telephone or electronic survey), before
the employee or visitor reports to the office, to the extent possible; or may be performed on site.
o
Screening should be coordinated to prevent employees or visitors from intermingling in close or
proximate contact with each other prior to completion of the screening.
o
At a minimum, screening must be required for all employees or visitors and completed using a
questionnaire that determines whether the employee or visitor has:
(a) knowingly been in close or proximate contact in the past 14 days with anyone who has
tested positive for COVID-19 or who has or had symptoms of COVID-19;
(b) tested positive for COVID-19 in the past 14 days; and/or
(c) has experienced any symptoms of COVID-19 in the past 14 days.
•
•
Responsible Parties should coordinate with building managers to facilitate screening. Responsible
Parties are responsible for screening their own employees and visitors, unless Responsible Parties
and building management have agreed to an alternate arrangement to ensure screening is in effect.
Screening best practices include:
o
If space and building configuration allows, screen individuals at or near the building entrance to
minimize the impact in case of an individual suspected or confirmed to have COVID-19;
o
Allow for adequate social distancing while individuals queue for screening and/or building entry;
o
Coordinate with building managers to identify individuals who have completed a remote
screening;
o
Use contactless thermal cameras in building entrances, in coordination with building
management, to identify potentially symptomatic visitors and direct them to a secondary
screening area to complete a follow-on screening.
Refer to CDC guidance on “Symptoms of Coronavirus” for the most up to date information on
symptoms associated with COVID-19.
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•
Responsible Parties must require employees to immediately disclose if and when their responses to
any of the aforementioned questions changes, such as if they begin to experience symptoms,
including during or outside of work hours.
•
In addition to the screening questionnaire, temperature checks may also be conducted per U.S. Equal
Employment Opportunity Commission or DOH guidelines. Responsible Parties are prohibited from
keeping records of employee health data (e.g. the specific temperature data of an individual), but are
permitted to maintain records that confirm individuals were screened and the result of such screening
(e.g. pass/fail, cleared/not cleared).
•
Responsible Parties must ensure that any personnel performing screening activities, including
temperature checks, are appropriately protected from exposure to potentially infectious employees or
visitors entering the office. Personnel performing screening activities should be trained by employeridentified individuals who are familiar with CDC, DOH, and OSHA protocols.
•
Screeners should be provided and use PPE, including at a minimum, a face mask, and may include
gloves, a gown, and/or a face shield.
•
An individual who screens positive for COVID-19 symptoms must not be allowed to enter the office
and must be sent home with instructions to contact their healthcare provider for assessment and
testing.
o
Responsible Parties should remotely provide such individuals with information on healthcare and
testing resources.
o
Responsible Parties must immediately notify the state and local health department about the case
if test results are positive for COVID-19.
•
Responsible Parties should refer to DOH’s “Interim Guidance for Public and Private Employees
Returning to Work Following COVID-19 Infection or Exposure” regarding protocols and policies for
employees seeking to return to work after a suspected or confirmed case of COVID-19 or after the
employee had close or proximate contact with a person with COVID-19.
•
Responsible Parties must designate a central point of contact, which may vary by activity, location,
shift or day, responsible for receiving and attesting to having reviewed all employees’ questionnaires,
with such contact also identified as the party for employees and visitors to inform if they later are
experiencing COVID-19-related symptoms, as noted on the questionnaire.
o
If Responsible Parties and building management have agreed to an alternate screening
arrangement whereby building management administers screening on behalf of tenants, then
building management shall be responsible for maintaining a record of the screening process.
Maintaining records of employee health data (e.g. the specific temperature data of an individual)
is prohibited; the only records to be maintained on a daily basis regarding the screening process
are those individuals who were screened and confirmation that no employee or visitor who failed
the screening process was granted access.
•
Responsible Parties must designate a site safety monitor whose responsibilities include continuous
compliance with all aspects of the site safety plan.
•
To the extent possible, Responsible Parties should maintain a log of every person, including
employees and visitors, who may have close or proximate contact with other individuals at the
worksite or area; excluding deliveries that are performed with appropriate PPE or through contactless
means. The log should contain contact information, such that all contacts may be identified, traced
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and notified in the event an employee is diagnosed with COVID-19. Responsible Parties must
cooperate with state and local health department contact tracing efforts.
B. Tracing and Tracking
•
Responsible Parties must notify the state and local health department immediately upon being
informed of any positive COVID-19 test result by an employee in their office.
•
In the case of an employee or visitor testing positive, the Responsible Parties must cooperate with
the state and local health department as required to trace all contacts in the workplace, and the state
and local health department where the building is located must be notified of all individuals who
entered the site dating back 48 hours before the employee or visitor first experienced COVID-19
symptoms or tested positive, whichever is earlier. Confidentiality must be maintained as required by
federal and state law and regulations.
o
As a best practice, Responsible Parties may offer optional tracing and tracking technology (e.g.
Bluetooth enabled mobile applications) to streamline contact tracing and communication process
among their workforce and others.
•
Responsible Parties must ensure that in the case of an employee showing symptoms while in the
workplace, the building managers are immediately notified with information on where the individual
has been throughout the building and notify building management if the symptomatic employee tests
positive.
•
State and local health departments will implement monitoring and movement restrictions of infected
or exposed persons including home isolation or quarantine.
•
Individuals who are alerted that they have come into close or proximate contact with a person with
COVID-19, and have been alerted via tracing, tracking or other mechanism, are required to selfreport to their employer at the time of alert and shall follow the protocol referenced above.
IV. EMPLOYER PLANS
Responsible Parties must conspicuously post completed safety plans on site. The State has made
available a business reopening safety plan template to guide business owners and operators in
developing plans to protect against the spread of COVID-19.
Additional safety information, guidelines, and resources are available at:
New York State Department of Health Novel Coronavirus (COVID-19) Website
https://coronavirus.health.ny.gov/
Centers for Disease Control and Prevention Coronavirus (COVID-19) Website
https://www.cdc.gov/coronavirus/2019-ncov/index.html
Occupational Safety and Health Administration COVID-19 Website
https://www.osha.gov/SLTC/covid-19/
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At the link below, affirm that you have read and understand your obligation to
operate in accordance with this guidance:
https://forms.ny.gov/s3/ny-forward-affirmation
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EXHIBIT M
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INTERIM GUIDANCE FOR ESSENTIAL & PHASE II RETAIL
BUSINESS ACTIVITIES DURING THE COVID-19 PUBLIC HEALTH
EMERGENCY
When you have read this document, you can affirm at the bottom.
As of July 1, 2020
Purpose
This Interim Guidance for Essential and Phase II Retail Business Activities during the COVID-19 Public
Health Emergency (“Interim COVID-19 Guidance for Essential and Phase II Retail Business Activities”)
was created to provide owners/operators of essential and Phase II retail businesses selling goods and
their employees and contractors with precautions to help protect against the spread of COVID-19 as they
continue to operate or reopen.
This guidance applies to all in-store essential retail business activities throughout the state. This
guidance also applies to all in-store non-essential retail business activities in regions of the state that are
in Phase II or later of reopening. This guidance does not apply to restaurants or other food services,
retailers of rental goods, or personal care services, such as hair salons, nail salons, spas, tattoo parlors,
laser hair removal, or electrolysis.
Essential businesses, as defined by Empire State Development (ESD) pursuant to Executive Order 202.6,
are entities that regardless of the nature of the service that they provide, the function that they perform,
or their corporate or entity structure, are not subject to in-person workforce reductions during the
COVID-19 public health emergency. Essential retail businesses include but are not limited to grocery
stores, including all food and beverage stores; pharmacies; convenience stores; farmer’s markets; gas
stations; and hardware, appliance, and building material stores. Please consult the ESD essential business
guidance for further information.
In regions of the state that are in Phase I of reopening, non-essential retail businesses are only allowed
to operate via curbside and in-store pickup. For information on how to safely conduct these services,
refer to the New York State Department of Health (DOH) “Interim COVID-19 Guidance for Curbside and
In-Store Pickup Retail Business Activities.” This previously issued guidance pertains to curbside and instore pickup as defined as a customer placing an order for specific item(s) by phone or internet, then
collecting such order at or near the retail location. Customers are only allowed on the premise to retrieve
their order; not to browse or place an in-person order.
In regions of the state that are not yet in Phase I of reopening, non-essential retail businesses are only
allowed to operate via delivery of orders paced remotely via phone or online with only one employee
physical present at the business location.
These guidelines are minimum requirements only and any employer is free to provide additional
precautions or increased restrictions. These guidelines are based on the best-known public health
practices at the time of issuance, and the documentation upon which these guidelines are based can and
does change frequently. The Responsible Parties – as defined below – are accountable for adhering to all
local, state and federal requirements relative to retail business activities. The Responsible Parties are also
accountable for staying current with any updates to these requirements, as well as incorporating same
into any retail business activities and/or Site Safety Plan.
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Background
On March 7, 2020, Governor Andrew M. Cuomo issued Executive Order 202, declaring a state of
emergency in response to COVID-19. Community transmission of COVID-19 has occurred throughout
New York. To minimize further spread, social distancing of at least six feet must be maintained between
individuals, where possible.
On March 20, 2020, Governor Cuomo issued Executive Order 202.6, directing all non-essential businesses
to close in-office personnel functions. Essential businesses, as defined by Empire State Development
Corporation (ESD) guidance, were not subject to the in-person restriction, but were, however, directed to
comply with the guidance and directives for maintaining a clean and safe work environment issued by
DOH, and were strongly urged to maintain social distancing measures to the extent possible.
On April 12, 2020, Governor Cuomo issued Executive Order 202.16, directing essential businesses to
provide employees, who are present in the workplace, with a face covering, at no-cost, that must be
used when in direct contact with customers or members of the public during the course of their work.
On April 15, 2020, Governor Cuomo issued Executive Order 202.17, directing that any individual who is
over age two and able to medically tolerate a face-covering must cover their nose and mouth with a
mask or cloth face-covering when in a public place and unable to maintain, or when not maintaining,
social distance. On April 16, 2020, Governor Cuomo issued Executive Order 202.18, directing that
everyone using public or private transportation carriers or other for-hire vehicles, who is over age two
and able to medically tolerate a face covering, must wear a mask or cloth face covering over the nose
and mouth during any such trip. It also directed any operators or drivers of public or private transport to
wear a mask or cloth face covering which covers the nose and mouth while there are any passengers in
such a vehicle. On May 29, 2020, Governor Cuomo issued Executive Order 202.34, authorizing business
operators/owners with the discretion to deny admittance to individuals who fail to comply with the face
covering or mask requirements.
On April 26, 2020, Governor Cuomo announced a phased approach to reopen industries and businesses
in New York in phases based upon a data-driven, regional analysis. On May 4, 2020, the
Governor provided that the regional analysis would consider several public health factors, including new
COVID-19 infections, as well as health care system, diagnostic testing, and contact tracing capacity. On
May 11, 2020, Governor Cuomo announced that the first phase of reopening would begin on May 15,
2020 in several regions of New York, based upon available regional metrics and indicators. On May 29,
2020, Governor Cuomo announced that the second phase of reopening would begin in several regions of
the state, and announced the use of a new early warning dashboard that aggregates the state's
expansive data collection efforts for New Yorkers, government officials, and experts to monitor and
review how the virus is being contained to ensure a safe reopening.
In addition to the following standards, both essential and non-essential businesses must continue to
comply with the guidance and directives for maintaining clean and safe work environments issued by
DOH.
Please note that where guidance in this document differs from other guidance documents issued by New
York State, the more recent guidance shall apply.
Standards for Responsible Essential and Phase II Retail Activities in New York State
No essential and Phase II retail activity can occur without meeting the following minimum State
standards, as well as applicable federal requirements, including but not limited to such minimum
standards of the Americans with Disabilities Act (ADA), Centers for Disease Control and Prevention (CDC),
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Environmental Protection Agency (EPA), and United States Department of Labor’s Occupational Safety
and Health Administration (OSHA).
The State standards contained within this guidance apply to all essential and Phase II retail activities in
operation during the COVID-19 public health emergency until rescinded or amended by the State. The
proprietor/operator of the retail business, or another party as may be designated by the
proprietor/operator (in either case, "the Responsible Parties"), shall be responsible for meeting these
standards.
The following guidance is organized around three distinct categories: people, places, and processes.
I. PEOPLE
A. Physical Distancing
•
Responsible Parties must ensure that for any essential and Phase II retail activity, the workforce and
customer presence is limited to no more than 50% of the maximum occupancy for a particular area
as set by the certificate of occupancy, inclusive of customers, who must maintain six feet of
separation from others and, in all cases, must only be permitted entry into the essential and Phase II
retail store if they wear an acceptable face covering; provided, however, that the customer is over
the age of two and able to medically tolerate such covering; and
•
Responsible Parties must ensure a distance of at least six feet is maintained among employees and
customers at all times, unless the safety of the core activity requires a shorter distance (e.g.
operating cash registers, moving and lifting merchandise). Employees must wear acceptable face
coverings any time they interact with customers (e.g. ringing up a purchase, wrapping an item to
hand off) and any time employees are within six feet of another person. Employees must be
prepared to don a face covering if another person unexpectedly comes within six feet.
•
•
o
Acceptable face coverings for COVID-19 include but are not limited to cloth-based face coverings
and disposable masks that cover both the mouth and nose.
o
However, cloth, disposable, or other homemade face coverings are not acceptable face coverings
for workplace activities that typically require a higher degree of protection for personal protective
equipment (PPE) due to the nature of the work. For those activities, N95 respirators or other PPE
used under existing industry standards should continue to be used, as is defined in accordance
with OSHA guidelines.
Responsible Parties may modify the use and/or restrict the number of work spaces and employee
seating areas, so that employees are at least six feet apart in all directions (e.g. side-to-side and
when facing one another) and are not sharing work stations or spaces without cleaning and
disinfection between use. When distancing is not feasible between work stations or spaces,
Responsible Parties must provide and require the use of face coverings or physical barriers such as
plastic shielding walls, in lieu of face coverings in areas where they would not affect air flow, heating,
cooling, or ventilation.
o
If used, physical barriers should be put in place in accordance with OSHA guidelines.
o
Physical barrier options may include: strip curtains, plexiglass or similar materials, or other
impermeable dividers or partitions.
Responsible Parties are encouraged to modify retail layouts so that employees and customers are at
least six feet apart in all directions when employees are working and customers are browsing, unless
physical barriers are in place (e.g. Plexiglass or partitions at cash registers).
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o
Responsible Parties must require that employees use masks or cloth face coverings when
interacting with customers. Responsible Parties shall not permit customers into the store without
a face covering, if medically able to tolerate one, and are over age two.
o
If entry is denied, Responsible Parties should seek to provide alternate methods of pickup and/or
delivery for customers, particularly to ensure access to essential goods, including but not limited
to food, medication, and medical equipment or supplies.
o
Responsible Parties must reserve adequate space for employees and customers to work and
shop, considering appropriate social distancing; Responsible Parties should consider creating oneway aisles, otherwise rearranging traffic flow, or using alternating cash registers.
•
Responsible Parties must prohibit the use of small spaces (e.g. behind cash registers, elevators, stock
rooms) by more than one individual at a time, unless all individuals in such spaces at the same time
are wearing acceptable face coverings. However, occupancy must never exceed 50% of the
maximum capacity of the space, unless it is designed for use by a single occupant. Responsible
Parties should increase ventilation with outdoor air to the greatest extent possible (e.g. opening
windows, leaving doors open), while maintaining safety protocols.
•
Responsible Parties should encourage the use of touchless payment options or pay ahead, when
available. Minimize handling cash, credit cards, reward cards, and mobile devices, where possible.
•
Responsible Parties should put in place measures to reduce bi-directional foot traffic of customers
browsing using tape or signs with arrows in narrow aisles, hallways, or spaces, and post signage and
distance markers denoting spaces of six feet in all commonly used areas and any areas in which lines
are commonly formed or people may congregate (e.g., clock in/out stations, health screening
stations, break rooms, cash register areas).
o
Where possible, place markers or barriers to encourage one directional traffic.
•
Responsible Parties must post signage and distance markers denoting spaces of six feet in all
commonly used areas and any areas in which lines are commonly formed or people may congregate
(e.g. clock in/out stations, health screening stations, break rooms, cash register areas, near
merchandise, in aisles etc.).
•
Responsible Parties should strive to minimize the touch points on retail products, by:
o
o
•
suspending the use of bulk-bins and dump bins; and
encouraging customers to touch only products they will be buying (i.e., avoid putting items back
on shelves).
Responsible Parties must post signs inside and outside of the retail location, consistent with DOH
COVID-19 signage. Responsible Parties can develop their own customized signage specific to their
workplace or setting, provided that such signage is consistent with the Department’s signage.
Signage should be used to remind employees and customers to:
o
Cover their nose and mouth with a face covering when six feet of social distance cannot be
maintained.
o
Properly store and, when necessary, discard PPE.
o
Adhere to physical distancing instructions.
o
Report symptoms of or exposure to COVID-19, and how they should do so.
o
Follow hand hygiene and cleaning and disinfection guidelines.
o
Follow appropriate respiratory hygiene and cough etiquette.
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B. Gatherings in Enclosed Spaces
•
Responsible Parties must limit in-person employee gatherings (e.g. employee meetings, break rooms,
stock rooms) to the greatest extent possible and use other methods such as video or
teleconferencing whenever possible, per CDC guidance “Interim Guidance for Businesses and
Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19)”. When videoconferencing
or teleconferencing is not possible, Responsible Parties should hold meetings in open, well-ventilated
spaces and ensure that individuals maintain six feet of social distance between one another (e.g. if
there are chairs, leave space between chairs, have employees sit in alternating chairs).
•
Responsible Parties must put in place practices for adequate social distancing in small areas, such as
restrooms and breakrooms, and should develop signage and systems (e.g. flagging when occupied)
to restrict occupancy when social distancing cannot be maintained in such areas; and
•
Responsible Parties should stagger schedules for employees to observe social distancing (i.e., six feet
of space) for any gathering (e.g. while taking breaks).
C. Workplace Activity
•
•
Responsible Parties must take measures to reduce interpersonal contact and congregation, through
methods such as:
o
limiting in-person presence to only those staff who are necessary to be at the workplace;
o
adjusting workplace hours;
o
reducing on-site workforce to accommodate social distancing guidelines;
o
shifting design (e.g. A/B teams, staggered arrival/departure times);
o
batching activities, where possible, so employees can adhere to social distancing and reduce the
number of hands touching products at the same time (e.g. one employee does all packing and a
separate employee fulfills the delivery); and/or
o
encouraging, but not requiring, customers to bag their own purchases.
Responsible Parties should adjust retail hours as necessary to enable enhanced cleaning and
disinfection procedures.
D. Movement and Commerce
•
Responsible Parties must monitor and control the flow of traffic into the establishment to ensure
adherence to maximum capacity requirements.
•
Responsible Parties must establish designated areas for deliveries, limiting contact to the extent
possible.
•
Responsible Parties should provide clearly designated, separate entrances and exits, where possible.
o
•
Responsible Parties must be prepared to queue customers outside while still maintaining physical
distance including through the use of visual cues or markers.
For merchandise deliveries, Responsible Parties should implement a touchless delivery system
whereby drivers stay in the cab of the vehicle while delivery takes place or, where not practicable,
Responsible Parties must provide acceptable PPE appropriate to the anticipated activities that
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includes, at a minimum, a face covering to personnel involved in the delivery at no cost for the
duration of the delivery process.
•
Responsible Parties must sanitize hands before and after transferring a load (e.g. from a delivery
driver) of merchandise (e.g. sanitize hands before starting to load items; and once all items have
been loaded, finish by sanitizing their hands again).
•
In addition to utilizing curbside and in-store pick up to the extent possible, Responsible Parties should
provide remote shopping alternatives for customers, including click-and-collect, delivery, pick-up, and
shop-by-phone to limit customers in the establishment.
•
Responsible Parties must ensure that fitting rooms are equipped with appropriate cleaning and
hygiene supplies for employee and customer use, including hand sanitizer; and strongly encouraged
to clean and disinfect fitting rooms after each customer’s use.
•
Responsible Parties must close amenities, where applicable, including:
o
o
o
•
self-serve bars and samplers;
water fountains; and
magazine areas.
For any activities related to food services, Responsible Parties must operate in accordance with
“Interim Guidance for Food Services during the COVID-19 Public Health Emergency.”
II. PLACES
A. Protective Equipment
•
Responsible Parties must ensure employees wear face coverings when they are within six feet of
customers or coworkers. Employees also must wear face coverings any time they interact with
customers (e.g. ringing up a purchase, wrapping an item to hand off).
•
Responsible Parties must ensure that customers are only permitted entry into the retail store if they
wear an acceptable face covering; provided, however, that the customer is over the age of two and
able to medically tolerate such covering.
•
In addition to necessary PPE as required for certain workplace activities, Responsible Parties must
procure, fashion, or otherwise obtain acceptable face coverings and provide such coverings to their
employees while at work at no cost to the employee. Responsible Parties should have an adequate
supply of cloth face coverings, masks and other required PPE on hand should an employee need a
replacement. Acceptable face coverings include, but are not limited to, cloth (e.g. homemade sewn,
quick cut, bandana), surgical masks, N95 respirators, and face shields.
•
Face coverings must be cleaned or replaced after use and may not be shared. Please consult CDC
guidance for additional information on cloth face coverings and other types of PPE as well as
instructions on use and cleaning.
o
Note that cloth face coverings or disposable masks shall not be considered acceptable face
coverings for workplace activities that impose a higher degree of protection for face covering
requirements. For example, if N95 respirators are traditionally required for specific retail
activities, a cloth or homemade mask would not suffice. Responsible Parties must adhere to
OSHA standards for such safety equipment.
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•
Responsible Parties must allow employees to use their own acceptable face coverings but cannot
require employees to supply their own face coverings. Further, this guidance shall not prevent
employees from wearing their personally owned additional protective coverings (e.g. surgical masks,
N95 respirators, or face shields), or if the Responsible Parties otherwise requires employees to wear
more protective PPE due to the nature of their work. Employers should comply with all applicable
OSHA standards.
•
Responsible Parties must put in place measures to limit the sharing of objects, such as tools,
registers, and vehicles, as well as the touching of shared surfaces; or, require employees to wear
gloves (trade-appropriate or medical) when in contact with shared objects or frequently touched
surfaces; or, require employees to sanitize or wash their hands before and after contact.
•
Responsible Parties must ensure gloves are worn while handling any food products.
•
Responsible Parties must train employees on how to adequately put on, take off, clean (as
applicable), and discard PPE, including but not limited to, appropriate face coverings.
B. Hygiene, Cleaning, and Disinfection
•
Responsible Parties must ensure adherence to hygiene and sanitation requirements as advised by the
CDC and DOH, including “Guidance for Cleaning and Disinfection of Public and Private Facilities for
COVID-19,” and the “STOP THE SPREAD” poster, as applicable. Responsible Parties must maintain
logs that include the date, time, and scope of cleaning and disinfection.
•
Responsible Parties must provide and maintain hand hygiene stations on site, as follows:
o
For handwashing: soap, running warm water, and disposable paper towels.
o
For sanitizer: an alcohol-based hand sanitizer containing at least 60% alcohol for areas where
handwashing facilities may not be available or practical.
o
Responsible Parties must make hand sanitizer available throughout the store for use by
employees and customers; it should be placed in convenient locations such as points of entrance
for customers and at cash registers or payment terminals.
•
Responsible Parties should place signage near hand sanitizer stations indicating that visibly soiled
hands should be washed with soap and water; hand sanitizer is not effective on visibly soiled hands.
•
Responsible Parties should place receptacles around the location for disposal of soiled items, including
PPE.
•
Responsible Parties must provide appropriate cleaning and disinfection supplies for shared and
frequently touched surfaces and encourage employees to use these supplies, following
manufacturers’ instructions, before and after use of these surfaces, followed by hand hygiene.
•
Responsible Parties must conduct regular cleaning and disinfection of the retail location and more
frequent cleaning and disinfection for high risk areas used by many individuals and for frequently
touched surfaces. Cleaning and disinfection must be rigorous and ongoing and should occur at least
after each shift, daily, or more frequently as needed. Please refer to DOH’s “Interim Guidance for
Cleaning and Disinfection of Public and Private Facilities for COVID-19” for detailed instructions on
how to clean and disinfect facilities.
o
Responsible Parties must ensure regular cleaning and disinfection of restrooms. Restrooms
should be cleaned and disinfected more often depending on frequency of use.
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▪
Responsible Parties must ensure distancing rules are adhered to by reducing restroom
capacity where feasible.
o
Responsible Parties must ensure that equipment is regularly disinfected using registered
disinfectants, including at least as often as employees change workstations. Refer to the
Department of Environmental Conservation (DEC) list of products registered in New York State
identified by the EPA as effective against COVID-19.
o
If cleaning or disinfection products or the act of cleaning and disinfection causes safety hazards
or degrades the material or equipment, Responsible Parties must put in place hand hygiene
stations between use and/or supply disposable gloves and/or limitations on the number of
employees using such equipment.
•
Responsible Parties must provide for the cleaning and disinfection of exposed areas in the event of a
positive case of COVID-19 of an employee or customer, with such cleaning and disinfection to
include, at a minimum, all heavy transit areas and high-touch surfaces (e.g. vending machines,
handrails, bathrooms, door knobs).
•
CDC guidelines on “Cleaning and Disinfecting Your Facility” if someone is suspected or confirmed to
have COVID-19 are as follows:
o
Close off areas used by the person suspected or confirmed to have COVID-19.
▪
Responsible Parties do not necessarily need to close operations, if they can close off the
affected areas.
o
Open outside doors and windows to increase air circulation in the area.
o
Wait 24 hours before you clean or disinfect. If 24 hours is not feasible, wait as long as possible.
o
Clean and disinfect all areas used by the person who is suspected or confirmed to have COVID19, such as offices, bathrooms, common areas, and shared equipment.
o
Once the area has been appropriately disinfected, it can be opened for use.
o
▪
Employees without close or proximate contact with the person who is suspected or confirmed
to have COVID-19 can return to the work area immediately after disinfection.
▪
Refer to DOH’s “Interim Guidance for Public and Private Employees Returning to Work
Following COVID-19 Infection or Exposure“ for information on “close or proximate” contacts.
If more than seven days have passed since the person who is suspected or confirmed to have
COVID-19 visited or used the retail location, additional cleaning and disinfection is not necessary,
but routine cleaning and disinfection should continue.
•
For retail activities involving the handling of shared objects (e.g. carts, baskets, payment devices),
areas (e.g. pickup area), and/or surfaces (e.g. doors), Responsible Parties must ensure that such
areas and objects are cleaned and disinfected daily, at a minimum.
•
Responsible Parties should prepare a plan for receipt and resale of returned merchandise, or modify
policies to ensure safety of employees and customers, which may include restricting certain items
from return during the period of the emergency. Responsible Parties should clean and disinfect
returned merchandise, to the extent practicable.
•
Responsible Parties must prohibit shared food and beverages among employees (e.g. self-serve
meals and beverages), encourage employees to bring lunch from home, and reserve adequate space
for employees to observe social distancing while eating meals.
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C. Phased Reopening
•
To the extent that they are not operating at full capacity during the public health emergency,
Responsible Parties are encouraged to phase-in reopening activities so as to allow for operational
issues to be resolved before production or work activities return to normal levels. Responsible Parties
should consider limiting the number of employees, hours, and number of customers available to be
served when first reopening so as to provide operations with the ability to adjust to the changes.
D. Communications Plan
•
Responsible Parties must affirm that they have reviewed and understand the state-issued industry
guidelines, and that they will implement them.
•
Responsible Parties should develop a communications plan for employees, visitors, and customers
that includes applicable instructions, training, signage, and a consistent means to provide employees
with information. Responsible Parties may consider developing webpages, text and email groups, and
social media.
•
Responsible Parties should encourage customers to adhere to CDC and DOH guidance regarding the
use of PPE, specifically face coverings when a social distance of 6 feet cannot be maintained, through
verbal communication and signage.
•
Responsible Parties should post signage inside and outside of the retail location to remind personnel
and customers to adhere to proper hygiene, social distancing rules, appropriate use of PPE, and
cleaning and disinfection protocols.
III. PROCESSES
A. Screening and Testing
•
Responsible Parties must implement mandatory daily health screening practices for employees and,
where practicable, visitors, but such screening shall not be mandated for customers and delivery
personnel.
o
Screening practices may be performed remotely (e.g. by telephone or electronic survey), before
the employee reports to the workplace, to the extent possible; or may be performed on site.
o
Screening should be coordinated to prevent employees from intermingling in close or proximate
contact with each other prior to completion of the screening.
o
At a minimum, screening must be required of all employees and visitors (but not customers) and
completed using a questionnaire that determines whether the employee or visitor has:
(a) knowingly been in close or proximate contact in the past 14 days with anyone who has
tested positive for COVID-19 or who has or had symptoms of COVID-19;
(b) tested positive for COVID-19 in the past 14 days; and/or
(c) has experienced any symptoms of COVID-19 in the past 14 days.
•
Refer to CDC guidance on “Symptoms of Coronavirus” for the most up to date information on
symptoms associated with COVID-19.
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•
Responsible Parties must require employees to immediately disclose if and when their responses to
any of the aforementioned questions changes, such as if they begin to experience symptoms,
including during or outside of work hours.
•
In addition to the screening questionnaire, temperature checks may also be conducted per Equal
Employment Opportunity Commission or DOH guidelines. Responsible Parties are prohibited from
keeping records of employee health data (e.g. the specific temperature data of an individual), but are
permitted to maintain records that confirm individuals were screened and the result of such screening
(e.g., pass/fail, cleared/not cleared).
•
Responsible Parties must ensure that any personnel performing screening activities, including
temperature checks, are appropriately protected from exposure to potentially infectious employees
entering the retail location. Personnel performing screening activities should be trained by employeridentified individuals who are familiar with CDC, DOH, and OSHA protocols.
•
Screeners should be provided and use PPE, including at a minimum, a mask or cloth face covering,
and may include gloves, a gown, and/or a face shield.
•
An individual who screens positive for COVID-19 symptoms must not be allowed to enter the
workplace and must be sent home with instructions to contact their healthcare provider for
assessment and testing.
o
Responsible Parties should provide such individuals with information on healthcare and testing
resources.
o
Responsible Parties must immediately notify the state and local health department about the case
if test results are positive for COVID-19.
•
Responsible Parties should refer to DOH’s “Interim Guidance for Public and Private Employees
Returning to Work Following COVID-19 Infection or Exposure” regarding protocols and policies for
employees seeking to return to work after a suspected or confirmed case of COVID-19 or after the
employee had close or proximate contact with a person with COVID-19.
•
Responsible Parties must designate a central point of contact, which may vary by activity, location,
shift or day, responsible for receiving and attesting to having reviewed all questionnaires, with such
contact also identified as the party for individuals to inform if they later are experiencing COVID-19related symptoms, as noted on the questionnaire.
•
Responsible Parties must designate a site safety monitor whose responsibilities include continuous
compliance with all aspects of the site safety plan.
•
To the extent possible, Responsible Parties should maintain a log of employees and visitors who may
have close or proximate contact with other individuals at the workplace or area; excluding customers
and deliveries that are performed with appropriate PPE or through contactless means. Log should
contain contact information, such that all contacts may be identified, traced and notified in the event
an employee is diagnosed with COVID-19. Responsible Parties must cooperate with state and local
health department contact tracing efforts.
•
Responsible Parties cannot mandate that customers complete a health screen or provide contact
information but may encourage customers to do so. Responsible Parties may provide an option for
customers to provide contact information so they can be logged and contacted for contact tracing, if
necessary.
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B. Tracing and Tracking
•
Responsible Parties must notify the state and local health department immediately upon being
informed of any positive COVID-19 test result by an employee at their workplace.
•
In the case of an employee, visitor, or customer who interacted at the business testing positive, the
Responsible Parties must cooperate with the state and local health department to trace all contacts in
the workplace and notify the state and local health department of all employees logged and
visitors/customers (as applicable) who entered the retail location dating back to 48 hours before the
employee began experiencing COVID-19 symptoms or tested positive, whichever is earlier, but
maintain confidentiality as required by federal and state law and regulations.
•
State and local health departments will implement monitoring and movement restrictions of infected
or exposed persons including home isolation or quarantine.
•
Individuals who are alerted that they have come into close or proximate contact with a person with
COVID-19, and have been alerted via tracing, tracking or other mechanism, are required to selfreport to their employer at the time of alert and shall follow the protocol referenced above.
IV. EMPLOYER PLANS
Responsible Parties must conspicuously post completed safety plans on the premises of the workplace.
The State has made available a business reopening safety plan template to guide business owners and
operators in developing plans to protect against the spread of COVID-19.
Additional safety information, guidelines, and resources are available at:
New York State Department of Health Novel Coronavirus (COVID-19) Website
https://coronavirus.health.ny.gov/
Centers for Disease Control and Prevention Coronavirus (COVID-19) Website
https://www.cdc.gov/coronavirus/2019-ncov/index.html
Occupational Safety and Health Administration COVID-19 Website
https://www.osha.gov/SLTC/covid-19/
At the link below, affirm that you have read and understand your obligation to
operate in accordance with this guidance:
https://forms.ny.gov/s3/ny-forward-affirmation
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INTERIM GUIDANCE FOR MALLS DURING THE COVID-19 PUBLIC
HEALTH EMERGENCY
When you have read this document, you can affirm at the bottom.
As of August 19, 2020
Pursuant to the Governor’s Executive Orders, malls remain closed until Friday, July 10, 2020
when malls may reopen in regions that have reached Phase 4 and adhere to the following
guidance. Specifically, any indoor common portions of retail shopping malls with 100,000 or more
square feet of retail space available for lease must remain closed to the public until Friday, July 10, 2020
when malls in Phase 4 regions may reopen; however, any stores without their own external entrance(s)
may operate via curbside pickup in Phase 1 and 2 providing purchased items to customers at or near the
general mall entrance and any stores with their own external entrance(s) separate from the general mall
entrance (e.g. strip malls, anchor tenants), may open for curbside and in-store pickup in Phase 1 and all
in-store retail activities in Phase 2.
Purpose
This Interim Guidance for Malls during the COVID-19 Public Health Emergency (“Interim COVID-19
Guidance for Malls”) was created to provide proprietors/owners/operators of malls and their employees,
contractors, vendors, and customers with precautions to help protect against the spread of COVID-19.
This guidance applies to all indoor, strip, and outlet malls permitted to operate. This guidance does not
apply to restaurants or other food services, movie theaters, retailers of rental goods, or personal care
services, such as hair salons, nail salons, spas, tattoo parlors, laser hair removal, or electrolysis, that may
be located in such malls.
Retail stores within malls must follow the guidelines outlined in the Department of Health’s (DOH) “Interim
Guidance for Essential and Phase II Retail Business Activities during the COVID-19 Public Health
Emergency.” Restaurants and other food services within malls must follow the guidelines outlined in DOH’s
“Interim Guidance for Food Services during the COVID-19 Public Health Emergency.” Movie theaters within
malls must follow any guidance issued for such purpose (at the time of publication, movie theaters are not
permitted to open). Personal care services within malls must follow the guidelines outlined in DOH’s “Interim
Guidance for Personal Care Services during the COVID-19 Public Health Emergency.” All other business
within malls should refer to their respective industry guidelines, if and where applicable.
These guidelines are minimum requirements only and any mall proprietor/owner/operator is free to
provide additional precautions or increased restrictions. These guidelines are based on the best-known
public health practices at the time of publication, and the documentation upon which these guidelines are
based can and does change frequently. The Responsible Parties – as defined below – are accountable for
adhering to all local, state and federal requirements relative to mall operations. The Responsible Parties
are also accountable for staying current with any updates to these requirements, as well as incorporating
same into any mall operations and/or Site Safety Plan.
Background
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On March 7, 2020, Governor Andrew M. Cuomo issued Executive Order 202, declaring a state of
emergency in response to COVID-19. Community transmission of COVID-19 has occurred throughout
New York. To minimize further spread, social distancing of at least six feet must be maintained between
individuals, where possible.
On March 20, 2020, Governor Cuomo issued Executive Order 202.6, directing all non-essential businesses
to close in-office personnel functions. Essential businesses, as defined by Empire State Development
Corporation (ESD) guidance, were not subject to the in-person restriction, but were, however, directed to
comply with the guidance and directives for maintaining a clean and safe work environment issued by
DOH, and were strongly urged to maintain social distancing measures to the extent possible.
On April 12, 2020, Governor Cuomo issued Executive Order 202.16, directing essential businesses to
provide employees, who are present in the workplace, with a face covering, at no-cost, that must be
used when in direct contact with customers or members of the public during the course of their work.
On April 15, 2020, Governor Cuomo issued Executive Order 202.17, directing that any individual who is
over age two and able to medically tolerate a face-covering must cover their nose and mouth with a
mask or cloth face-covering when in a public place and unable to maintain, or when not maintaining,
social distance. On April 16, 2020, Governor Cuomo issued Executive Order 202.18, directing that
everyone using public or private transportation carriers or other for-hire vehicles, who is over age two
and able to medically tolerate a face covering, must wear a mask or cloth face covering over the nose
and mouth during any such trip. It also directed any operators or drivers of public or private transport to
wear a mask or cloth face covering which covers the nose and mouth while there are any passengers in
such a vehicle. On May 29, 2020, Governor Cuomo issued Executive Order 202.34, authorizing business
operators/owners with the discretion to deny admittance to individuals who fail to comply with the face
covering or mask requirements.
On April 26, 2020, Governor Cuomo announced a phased approach to reopen industries and businesses
in New York in phases based upon a data-driven, regional analysis. On May 4, 2020, the
Governor provided that the regional analysis would consider several public health factors, including new
COVID-19 infections, as well as health care system, diagnostic testing, and contact tracing capacity. On
May 11, 2020, Governor Cuomo announced that the first phase of reopening would begin on May 15,
2020 in several regions of New York, based upon available regional metrics and indicators. On May 29,
2020, Governor Cuomo announced that the second phase of reopening would begin in several regions of
the state, and announced the use of a new early warning dashboard that aggregates the state's
expansive data collection efforts for New Yorkers, government officials, and experts to monitor and
review how the virus is being contained to ensure a safe reopening. On June 11, Governor Cuomo
announced that the third phase of reopening would begin on June 12 in several regions of New York. On
June 24, 2020, Governor Cuomo announced that several regions of the state were on track to enter the
fourth phase of reopening starting on June 26.
In addition to the following standards, businesses must continue to comply with the guidance and
directives for maintaining clean and safe work environments issued by DOH.
Please note that where guidance in this document differs from other guidance documents issued by New
York State, the more recent guidance shall apply.
Standards for Responsible Mall Operations in New York State
No mall operation can occur without meeting the following minimum State standards, as well as
applicable federal requirements, including but not limited to such minimum standards of the Americans
with Disabilities Act (ADA), Centers for Disease Control and Prevention (CDC), Environmental Protection
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Agency (EPA), and United States Department of Labor’s Occupational Safety and Health Administration
(OSHA).
The State standards contained within this guidance apply to all malls in operation during the COVID-19
public health emergency until rescinded or amended by the State. The proprietor/operator of the mall, or
another party as may be designated by the proprietor/operator (in either case, "the Responsible Parties"),
shall be responsible for meeting these standards.
The proprietor/operator of the mall, or their designee, shall be primarily responsible for meeting
standards with respect to any common areas. Tenants, if not the proprietor/operator, shall be primarily
responsible for meeting these standards with respect to their leased space(s), unless the tenant and
proprietor/operator reach an alternate agreement in regard to such responsibilities (e.g. joint screening
protocol).
Except where noted otherwise, references made to “employees” (1) include employees, contractors, and
vendors, and (2) references to “employees and/or visitors” are to the proprietor/operator of the mall and
their employees and/or visitors. Responsible Parties should coordinate with tenant entities occupying
space within the mall, where applicable, on the implementation of practices in accordance with this
guidance. For more information on such entities and their employees, contractors, and visitors, see the
guidance referenced above.
The following guidance is organized around three distinct categories: people, places, and processes.
I. PEOPLE
A. Physical Distancing
•
Responsible Parties, in coordination with any tenants, must ensure that the workforce and customer
presence is limited to no more than 50% of the maximum occupancy for a particular area as set by
the certificate of occupancy, inclusive of customers, who must maintain six feet of separation from
individuals who are not in their immediate party/household/family and, in all cases, must only be
permitted entry into the mall and businesses within the mall if they wear an acceptable face
covering; provided however, that the customer is over the age of two and able to medically tolerate
such covering; and
•
Responsible Parties must ensure a distance of at least six feet is maintained among employees and
customers at all times, unless the safety or the core activity requires a shorter distance (e.g.
operating cash registers, moving and lifting merchandise). Employees must wear acceptable face
coverings any time they interact with customers (e.g. providing information to customers, ringing up
a purchase, wrapping an item to hand off) and any time employees are within six feet of another
person. Employees must be prepared to don a face covering if another person unexpectedly comes
within six feet. Customers entering the mall must also wear a face covering.
o
Acceptable face coverings for COVID-19 include but are not limited to cloth-based face coverings
and disposable masks that cover both the mouth and nose.
o
However, cloth, disposable, or other homemade face coverings are not acceptable face coverings
for workplace activities that typically require a higher degree of protection for personal protective
equipment (PPE) due to the nature of the work. For those activities, N95 respirators or other PPE
used under existing industry standards should continue to be used, as is defined in accordance
with OSHA guidelines.
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•
•
Responsible Parties may modify the use and/or restrict the number of work spaces and employee
seating areas, so that individuals are at least six feet apart in all directions (e.g. side-to-side and
when facing one another) and are not sharing spaces without cleaning and disinfection between use.
When distancing is not feasible between work stations or spaces, Responsible Parties must provide
and require the use of face coverings or physical barriers such as plastic shielding walls, in lieu of
face coverings in areas where they would not affect air flow, heating, cooling, or ventilation.
o
If used, physical barriers should be put in place in accordance with OSHA guidelines.
o
Physical barrier options may include: strip curtains, plexiglass or similar materials, or other
impermeable dividers or partitions.
Responsible Parties are encouraged to modify mall layouts so that employees and customers are at
least six feet apart in all directions when employees are working and customers are browsing, unless
physical barriers are in place (e.g. Plexiglass or partitions at cash registers).
o
Responsible Parties must require that employees use face coverings when interacting with
customers. Responsible Parties shall not permit customers into the mall without a face covering,
if medically able to tolerate one, and are over age two.
o
If entry is denied, Responsible Parties should seek to provide alternate methods of pickup and/or
delivery for customers, particularly to ensure access to essential goods, including but not limited
to food, medication, and medical equipment or supplies.
o
Responsible Parties must reserve adequate space for employees and customers to work and
shop, considering appropriate social distancing.
o
Responsible Parties should consider creating one-way corridors or aisles, or otherwise
rearranging traffic flow.
•
Responsible Parties must prohibit the use of small spaces (e.g. elevators, bathrooms, stock rooms) by
more than one individual at a time, unless all individuals in such spaces at the same time are wearing
acceptable face coverings. However, occupancy must never exceed 50% of the maximum capacity of
the space, unless it is designed for use by a single occupant. Responsible Parties should increase
ventilation with outdoor air to the greatest extent possible (e.g. opening windows, leaving doors
open), while maintaining safety protocols.
•
Responsible Parties should encourage the use of touchless payment options or pay ahead, when
available. Minimize handling cash, credit cards, reward cards, and mobile devices, where possible.
•
Responsible Parties should put in place measures to reduce bi-directional foot traffic of customers
using tape or signs with arrows in corridors and hallways, and post signage and distance markers
denoting spaces of six feet in all commonly used areas and any areas in which lines are commonly
formed or people may congregate (e.g., clock in/out stations, health screening stations, in-mall
kiosks, break rooms).
o
Where possible, Responsible Parties should place markers or barriers to encourage one
directional traffic.
•
Responsible Parties must post signage and distance markers denoting spaces of six feet in all
commonly used areas and any areas in which lines are commonly formed or people may congregate
(e.g. clock in/out stations, health screening stations, break rooms, cash register areas, near
merchandise, in aisles).
•
Responsible Parties must post signs inside and outside of the mall, consistent with DOH COVID-19
signage. Responsible Parties can develop their own customized signage specific to their workplace or
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setting, provided that such signage is consistent with the Department’s signage. Signage should be
used to remind employees and customers to:
o
Stay home if sick.
o
Cover their nose and mouth with face covering.
o
Properly store and, when necessary, discard PPE.
o
Adhere to physical distancing instructions.
o
Report symptoms of or exposure to COVID-19, and how they should do so.
o
Follow hand hygiene and cleaning and disinfection guidelines.
o
Follow appropriate respiratory hygiene and cough etiquette.
B. Gatherings in Enclosed Spaces
•
Responsible Parties should limit in-person gatherings of employees (e.g. team meetings, stock
rooms) to the extent possible, and use other methods such as video or teleconferencing whenever
possible, per CDC guidance “Interim Guidance for Businesses and Employers to Plan and Respond to
Coronavirus Disease 2019 (COVID-19)”. Responsible Parties should hold in-person employee
meetings in open, well-ventilated spaces and ensure that individuals maintain six feet of social
distance between one another (e.g. if there are chairs, leave space between chairs, have employees
sit in alternating chairs) or wear appropriate face coverings.
•
Responsible Parties should encourage social distancing by limiting occupancy or closing non-essential
amenities and communal areas that do not allow for social distancing protocols. If open, Responsible
Parties must make hand sanitizer or disinfecting wipes available next to equipment near such
amenities (e.g. vending machines, communal coffee stations).
•
Responsible Parties must put in place practices for adequate social distancing in small areas, such as
restrooms and breakrooms, and should develop signage and systems (e.g. flagging when occupied)
to restrict occupancy when social distancing cannot be maintained in such areas; and
•
Responsible Parties should stagger schedules for employees to observe social distancing (i.e., six feet
of space) for any gathering (e.g. while taking breaks).
C. Workplace Activity
•
•
Responsible Parties must take measures to reduce interpersonal contact and congregation, through
methods such as:
o
adjusting workplace hours;
o
reducing on-site workforce, where appropriate, to accommodate social distancing guidelines;
o
shifting design (e.g. A/B teams, staggered arrival/departure times);
o
batching activities, where possible, so employees can adhere to social distancing and reduce the
number of hands touching products at the same time (e.g. one employee does all packing and a
separate employee fulfills the delivery); and/or
o
encouraging, but not requiring, customers to bag their own purchases.
Responsible Parties should adjust retail hours as necessary to enable enhanced cleaning and
disinfection procedures.
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D. Movement and Commerce
•
Responsible Parties must monitor and control the flow of traffic into the mall to ensure adherence to
maximum capacity requirements.
o
Responsible Parties should maintain sufficient employee or security presence to monitor traffic
flow and to ensure groups adhere to social gathering limitations.
o
Responsible Parties must prohibit congregating and loitering by customers and should maintain
sufficient employee or security presence, including hiring additional staff, to eliminate
congregating and loitering.
•
Responsible Parties must establish designated areas for deliveries, limiting contact to the extent
possible.
•
Responsible Parties should provide clearly designated, separate entrances and exits, where possible.
o
Responsible Parties must be prepared to queue customers outside both mall and businesses
while still maintaining physical distance including through the use of visual cues or markers.
•
For merchandise deliveries, Responsible Parties should implement a touchless delivery system
whereby drivers stay in the cab of the vehicle while delivery takes place or, where not practicable,
Responsible Parties must provide acceptable PPE appropriate to the anticipated activities that
includes, at a minimum, a face covering to personnel involved in the delivery at no cost for the
duration of the delivery process.
•
Responsible Parties must perform hand hygiene hands before and after transferring a load (e.g. from
a delivery driver) of merchandise (e.g. perform hand hygiene before starting to load items; and once
all items have been loaded, finish by performing hand hygiene again).
•
Responsible parties should designate curbside pick-up area(s) for interior stores.
•
Responsible parties must suspend valet services.
•
Effective August 20, 2020, Responsible Parties may open limited food court seating areas; provided,
however, that such seating areas and the food services establishments located within the food courts
operate in accordance with DOH's "Interim Guidance for Food Services during the COVID-19 Public
Health Emergency," including any required separation between tables with seating, social distancing
between parties of customers, and occupancy limits.
•
Responsible Parties must close or modify amenities, where applicable, including:
o
Closing common seating areas within the mall, except food court seating areas as provided
above;
o
Closing self-serve bars and samplers; and
o
Closing water fountains.
II. PLACES
A. Air Filtration and Building Systems
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•
For malls that are greater than 800,000 square feet, Responsible Parties must ensure building HVAC
system filtration meets the highest rated filtration compatible with the currently installed filter rack
and air handling systems, at a minimum MERV-13, or industry equivalent or greater (e.g., HEPA), as
applicable, and as certified and documented by a certified HVAC technician, professional, or
company, ASHRAE-certified professional, certified retro-commissioning professional, or New Yorklicensed professional building engineer.
o
•
▪
Increasing ventilation rates and outdoor air ventilation to the extent possible;
▪
Keeping systems running for longer hours (e.g., 24/7 if possible);
▪
Disabling demand-controlled ventilation, where reasonable, but still maintaining systems that
increase fresh air supply (e.g., conference or meeting rooms);
▪
Opening outdoor air dampers to reduce or eliminate recirculation to the extent possible;
▪
Considering the installation of appropriately designed and deployed ultraviolet germicidal
irradiation (UVGI) to deactivate airborne virus particles;
▪
Sealing edges of the filter to limit bypass; and/or
▪
Regularly inspecting systems and filters to ensure they are properly operating, and filters are
appropriately installed, serviced and within service life.
If a mall greater than 800,000 square feet is unable to meet a building HVAC system filtration rating
of MERV-13 or greater, Responsible Parties must have a certified HVAC technician, professional, or
company, ASHRAE-certified professional, certified retro-commissioning professional, or New Yorklicensed professional building engineer certify and document that the currently installed filter rack
and air handling system would be unable to perform to the minimum level of heating and cooling that
it was otherwise able to provide prior to the COVID-19 public health emergency if such a high degree
of filtration (i.e., MERV-13 or greater) was installed. Further, Responsible Parties must submit such
documentation to DOH for review and approval to operate at a lesser filtration rating of MERV-11 or
MERV-12 with additional ventilation and air filtration mitigation protocols. In all instances, however,
Responsible Parties must maintain a building HVAC system filtration rating of, at least, MERV-11.
o
•
Responsible Parties may also consider adopting additional ventilation and air filtration mitigation
protocols per CDC recommendations, particularly for buildings older than 15 years, including:
In addition, Responsible Parties who are unable to meet a filtration rating of MERV-13 or greater
must put in place additional ventilation and air filtration mitigation protocols per CDC
recommendations, where appropriate, including:
▪
Increasing ventilation rates and outdoor air ventilation to the extent possible;
▪
Keeping systems running for longer hours (e.g., 24/7 if possible);
▪
Disabling demand-controlled ventilation, where reasonable, but still maintaining systems that
increase fresh air supply (e.g., conference or meeting rooms);
▪
Opening outdoor air dampers to reduce or eliminate recirculation to the extent possible;
▪
Considering the installation of appropriately designed and deployed ultraviolet germicidal
irradiation (UVGI) to deactivate airborne virus particles;
▪
Sealing edges of the filter to limit bypass; and/or
▪
Regularly inspecting systems and filters to ensure they are properly operating, and filters are
appropriately installed, serviced and within service life.
For malls that are less than 800,000 square feet, Responsible Parties must ensure building HVAC
system filtration meets the highest rated filtration compatible with the currently installed filter rack
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and air handling systems, at a minimum MERV-11, or industry equivalent or greater (e.g., HEPA), but
ideally MERV-13, as applicable, and as certified and documented by a certified HVAC technician,
professional, or company, ASHRAE-certified professional, certified retro-commissioning professional,
or New York-licensed professional building engineer.
o
•
Responsible Parties may also consider adopting additional ventilation and air filtration mitigation
protocols per CDC recommendations, particularly for buildings operating HVAC systems at less
than MERV-13 filtration rating and buildings older than 15 years, including:
▪
Increasing ventilation rates and outdoor air ventilation to the extent possible;
▪
Keeping systems running for longer hours (e.g., 24/7 if possible);
▪
Disabling demand-controlled ventilation, where reasonable, but still maintaining systems that
increase fresh air supply (e.g., conference or meeting rooms);
▪
Opening outdoor air dampers to reduce or eliminate recirculation to the extent possible;
▪
Considering the installation of appropriately designed and deployed ultraviolet germicidal
irradiation (UVGI) to deactivate airborne virus particles;
▪
Sealing edges of the filter to limit bypass; and/or
▪
Regularly inspecting systems and filters to ensure they are properly operating, and filters are
appropriately installed, serviced and within service life.
Before occupants return to a building that has been entirely closed, Responsible Parties must
complete pre-return checks, tasks, and assessments to ensure a healthy and safe environment.
These systems include, but are not limited to, mechanical systems, water systems, elevators, and
HVAC systems.
o
Depending on the length of time equipment has been inactive, Responsible Parties should run
systems with careful observation to ensure machinery (e.g. valves and switches) are operating
correctly.
o
Specific system actions may be required to restart systems after prolonged shutdown.
Responsible Parties may determine necessity for each of these items based on length of
shutdown and condition as inspected.
o
As appropriate and applicable, Responsible Parties should flush building with fresh air based on
the design of the makeup/outside air system for a minimum of 24 hours.
o
Responsible Parties must ensure air filters are replaced as needed (e.g. after flushing the
building).
o
Responsible Parties must ensure maintenance and monitoring of cooling towers have been
conducted in accordance with state regulations and that chemical and microbial levels are within
defined ranges for any closed water systems and/or water features, and drain any devices that
may contain stagnant water.
o
Responsible Parties must flush cold- and hot-water systems in accordance with building water
management plan, if applicable.
o
Responsible Parties must ensure any water filters are replaced as needed after flushing the
building’s water systems.
o
For buildings that were entirely closed, Responsible Parties should ensure that the operation of all
mechanical equipment and systems has been restored prior to reopening the building.
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B. Protective Equipment
•
Responsible Parties must ensure employees wear face coverings when they are within six feet of
customers or coworkers. Employees also must wear face coverings any time they interact with
customers (e.g. ringing up a purchase, wrapping an item to hand off, security interactions).
•
Responsible Parties must ensure that customers are only permitted entry into the mall and
businesses within the mall if they wear an acceptable face covering; provided, however, that the
customer is over the age of two and able to medically tolerate such covering.
•
In addition to necessary PPE as required for certain workplace activities, Responsible Parties must
procure, fashion, or otherwise obtain acceptable face coverings and provide such coverings to their
employees while at work at no cost to the employee. Responsible Parties should have an adequate
supply of face coverings and other required PPE on hand should an employee or customer need a
replacement. Acceptable face coverings include, but are not limited to, cloth (e.g. homemade sewn,
quick cut, bandana), surgical masks, N95 respirators, and face shields.
•
Face coverings must be cleaned or replaced after use and may not be shared. Please consult CDC
guidance for additional information on cloth face coverings and other types of PPE as well as
instructions on use and cleaning.
o
Note that cloth face coverings or disposable masks shall not be considered acceptable face
coverings for workplace activities that require a higher degree of protection for face covering
requirements. For example, if N95 respirators are traditionally required for specific retail
activities, a cloth or homemade mask would not suffice. Responsible Parties must adhere to
OSHA standards for such safety equipment.
•
Responsible Parties must allow employees to use their own acceptable face coverings but cannot
require employees to supply their own face coverings. Further, this guidance shall not prevent
employees from wearing their personally owned protective face coverings (e.g. surgical masks, N95
respirators, or face shields). Responsible Parties may require employees to wear more protective PPE
due to the nature of their work. Employers should comply with all applicable OSHA standards.
•
Responsible Parties must put in place measures to limit the sharing of objects, such as tools,
registers, and vehicles, as well as the touching of shared surfaces; or, require employees to wear
gloves (trade-appropriate or medical) when in contact with shared objects or frequently touched
surfaces; or, require employees to perform hand hygiene before and after contact.
•
Responsible Parties must ensure gloves are worn while handling any food products.
•
Responsible Parties must train employees on how to adequately put on, take off, clean (as
applicable), and discard PPE, including but not limited to, appropriate face coverings.
C. Hygiene, Cleaning, and Disinfection
•
Responsible Parties must ensure adherence to hygiene and cleaning and disinfection requirements as
advised by the CDC and DOH, including “Guidance for Cleaning and Disinfection of Public and Private
Facilities for COVID-19,” and the “STOP THE SPREAD” poster, as applicable. Responsible Parties must
maintain logs that include the date, time, and scope of cleaning and disinfection.
•
Responsible Parties must provide and maintain hand hygiene stations on site, as follows:
o
For handwashing: soap, running warm water, and disposable paper towels.
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o
For hand sanitizing: an alcohol-based hand sanitizer containing at least 60% alcohol for areas
where handwashing facilities may not be available or practical.
o
Responsible Parties must make hand sanitizer available throughout the mall for use by employees
and customers; it should be placed in convenient locations such as points of entrance of the mall,
information kiosks, and entrances of each store for customers and at cash registers or payment
terminals. Responsible Parties must include signage indicating that visibly soiled hands should be
washed with soap and water; hand sanitizer is not effective on visibly soiled hands.
•
Responsible Parties must provide appropriate cleaning and disinfection supplies for shared and
frequently touched surfaces and encourage employees to use these supplies, following
manufacturers’ instructions for use, before and after use of these surfaces, followed by hand hygiene.
•
Responsible Parties must conduct regular cleaning and disinfection of the mall and more frequent
cleaning and disinfection for high risk areas used by many individuals and for frequently touched
surfaces. Cleaning and disinfection must be rigorous and ongoing and should occur at least after
each twice daily, or more frequently as needed. Please refer to DOH’s “Interim Guidance for Cleaning
and Disinfection of Public and Private Facilities for COVID-19” for detailed instructions on how to
clean and disinfect facilities.
o
Responsible Parties must ensure regular cleaning and disinfection of restrooms. Restrooms
should be cleaned and disinfected more often depending on frequency of use.
▪
Responsible Parties must ensure distancing rules are adhered to by using signage, occupied
markers, or other methods to reduce restroom capacity where feasible.
o
Responsible Parties must ensure that equipment is regularly cleaned and disinfected using
registered disinfectants, including at least as often as employees change workstations. Refer to
the Department of Environmental Conservation (DEC) list of products registered in New York
State identified by the EPA as effective against COVID-19.
o
If cleaning or disinfection products or the act of cleaning and disinfection causes safety hazards
or degrades the material or equipment, Responsible Parties must put in place hand hygiene
stations between use and/or supply disposable gloves and/or limitations on the number of
employees using such equipment.
•
Responsible Parties must provide for the cleaning and disinfection of exposed areas in the event of a
positive case of COVID-19 of an employee or customer, with such cleaning and disinfection to
include, at a minimum, all heavy transit areas and high-touch surfaces (e.g. vending machines,
handrails, bathrooms, door knobs).
•
CDC guidelines on “Cleaning and Disinfecting Your Facility” if someone is suspected or confirmed to
have COVID-19 are as follows:
o
Close off areas used by the person suspected or confirmed to have COVID-19 .
▪
Responsible Parties do not necessarily need to close operations, if they can close off the
affected areas.
o
Open outside doors and windows to increase air circulation in the area.
o
Wait 24 hours before you clean and disinfect. If 24 hours is not feasible, wait as long as possible.
o
Clean and disinfect all areas used by the person suspected or confirmed to have COVID-19 , such as
offices, bathrooms, common areas, and shared equipment.
o
Once the area has been appropriately cleaned and disinfected, it can be re-opened for use.
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o
▪
Employees without close or proximate contact with the person suspected or confirmed to have
COVID-19 can return to the work area immediately after cleaning and disinfection.
▪
Refer to DOH’s “Interim Guidance for Public and Private Employees Returning to Work
Following COVID-19 Infection or Exposure“ for information on “close or proximate” contacts.
If more than seven days have passed since the person suspected or confirmed to have COVID-19
visited or used the mall location, additional cleaning and disinfection is not necessary, but routine
cleaning and disinfection should continue.
•
For activities involving the handling of shared objects (e.g. baskets, payment devices), areas (e.g.
pickup area), and/or surfaces (e.g. doors, touch-screen directories), Responsible Parties must ensure
that such areas and objects are cleaned and disinfected twice daily, at a minimum.
•
Responsible Parties must prohibit employees from sharing food and beverages (e.g. buffet style
meals), encourage bringing lunch from home, and reserve adequate space for employees to observe
social distancing while eating meals.
D. Phased Reopening
•
Responsible Parties are encouraged to phase-in reopening activities so as to allow for operational
issues to be resolved before mall activities return to normal levels. Responsible Parties should
consider limiting the number of employees, hours, and number of customers available to be served
when first reopening to provide operations with the ability to adjust to the changes.
E. Communications Plan
•
Responsible Parties must affirm that they have reviewed and understand the state-issued industry
guidelines, and that they will implement them.
•
Responsible Parties should develop a communications plan for employees and customers that
includes applicable instructions, training, signage, and a consistent means to provide employees with
information. Responsible Parties may consider developing webpages, text and email groups, and
social media.
•
Responsible Parties should encourage customers to adhere to CDC and DOH guidance regarding the
use of PPE, specifically face coverings when a social distance of six feet cannot be maintained,
through verbal communication and signage.
•
Responsible Parties should post signage inside and outside of the mall to remind personnel and
customers to adhere to proper hygiene, social distancing rules, appropriate use of PPE, and cleaning
and disinfection protocols.
III. PROCESSES
A. Screening and Testing
•
Responsible Parties must implement mandatory daily health screening practices for employees and,
where practicable, visitors, but such screening shall not be mandated for customers or delivery
personnel.
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o
Screening practices may be performed remotely (e.g. by telephone or electronic survey), before
the employee reports to the workplace, to the extent possible; or may be performed on site.
o
Screening should be coordinated to prevent employees from intermingling in close or proximate
contact with each other prior to completion of the screening.
o
At a minimum, screening must be required of all employees and visitors (but not customers) and
completed using a questionnaire that determines whether the employee or visitor has:
(a) knowingly been in close or proximate contact in the past 14 days with anyone who has
tested positive for COVID-19 or who has or had symptoms of COVID-19;
(b) tested positive for COVID-19 in the past 14 days; and/or
(c) has experienced any symptoms of COVID-19 in the past 14 days.
•
Refer to CDC guidance on “Symptoms of Coronavirus” for the most up to date information on
symptoms associated with COVID-19.
•
Responsible Parties must require individuals to immediately disclose if and when their responses to
any of the aforementioned questions changes, such as if they begin to experience symptoms,
including during or outside of work hours.
•
In addition to the screening questionnaire, temperature checks may also be conducted per Equal
Employment Opportunity Commission or DOH guidelines. Responsible Parties are prohibited from
keeping records of employee health data (e.g. the specific temperature data of an individual), but are
permitted to maintain records that confirm individuals were screened and the result of such screening
(e.g. pass/fail, cleared/not cleared).
•
Responsible Parties must ensure that any personnel performing screening activities, including
temperature checks, are appropriately protected from exposure to potentially infectious employees
entering the mall. Personnel performing screening activities should be trained by employer-identified
individuals who are familiar with CDC, DOH, and OSHA protocols.
•
Screeners should be provided and use PPE, including at a minimum, a mask or cloth face covering,
and may include gloves, a gown, and/or a face shield.
•
An individual who screens positive for COVID-19 symptoms must not be allowed to enter the
workplace and must be sent home with instructions to contact their healthcare provider for
assessment and testing.
o
Responsible Parties should remotely provide such individuals with information on healthcare and
testing resources.
o
Responsible Parties must immediately notify the state and local health department about the case
if test results are positive for COVID-19.
•
Responsible Parties should refer to DOH’s “Interim Guidance for Public and Private Employees
Returning to Work Following COVID-19 Infection or Exposure” regarding protocols and policies for
employees seeking to return to work after a suspected or confirmed case of COVID-19 or after the
employee had close or proximate contact with a person with COVID-19.
•
Responsible Parties must designate a central point of contact, which may vary by activity, location,
shift or day, responsible for receiving and attesting to having reviewed all questionnaires, with such
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contact also identified as the party for individuals to inform if they later are experiencing COVID-19related symptoms, as noted on the questionnaire.
o
If Responsible Parties and tenants have agreed to an alternate screening arrangement whereby
Responsible Parties screen on behalf of tenants, then Responsible Parties shall be responsible for
maintaining a record of the screening process. Maintaining record of employee health data (e.g.
the specific temperature data of an individual) is prohibited; the only records to be maintained on
a daily basis regarding the screening process are those individuals who were screened, and
confirmation that no employee or visitor who failed the screening process was granted access.
•
Responsible Parties must designate a site safety monitor whose responsibilities include continuous
compliance with all aspects of the site safety plan.
•
To the extent possible, Responsible Parties should maintain a log of every person, including
employees and visitors, who may have close or proximate contact with other individuals at the
workplace or area; excluding customers and deliveries that are performed with appropriate PPE or
through contactless means. Log should contain contact information, such that all contacts may be
identified, traced and notified in the event an employee is diagnosed with COVID-19. Responsible
Parties must cooperate with state and local health department contact tracing efforts.
•
Responsible Parties cannot mandate that customers complete a health screen or provide contact
information but may encourage customers to do so. Responsible Parties may provide an option for
customers to provide contact information so they can be logged and contacted for contact tracing, if
necessary.
B. Tracing and Tracking
•
Responsible Parties must notify the state and local health department where the business is located
immediately upon being informed of any positive COVID-19 test result by an employee at their
workplace.
•
In the case of an employee or customer who interacted at the mall testing positive, the Responsible
Parties must cooperate with the state and local health department to trace all contacts in the
workplace and notify the state and local health department of all employees logged and
visitors/customers (as applicable) who entered the mall dating back to 48 hours before the employee
began experiencing COVID-19 symptoms or tested positive, whichever is earlier, but maintain
confidentiality as required by federal and state law and regulations.
•
State and local health departments will implement monitoring and movement restrictions of infected
or exposed persons including home isolation or quarantine.
•
Individuals who are alerted that they have come into close or proximate contact with a person with
COVID-19, and have been alerted via tracing, tracking or other mechanism, are required to selfreport to their employer at the time of alert and shall follow the protocol referenced above.
IV. EMPLOYER PLANS
Responsible Parties must conspicuously post completed safety plans on site for employees. The State has
made available a business reopening safety plan template to guide business owners and operators in
developing plans to protect against the spread of COVID-19.
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Additional safety information, guidelines, and resources are available at:
New York State Department of Health Novel Coronavirus (COVID-19) Website
https://coronavirus.health.ny.gov/
Centers for Disease Control and Prevention Coronavirus (COVID-19) Website
https://www.cdc.gov/coronavirus/2019-ncov/index.html
Occupational Safety and Health Administration COVID-19 Website
https://www.osha.gov/SLTC/covid-19/
At the link below, affirm that you have read and understand your obligation to
operate in accordance with this guidance:
https://forms.ny.gov/s3/ny-forward-affirmation
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EXHIBIT I
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INTERIM GUIDANCE FOR RELIGIOUS & FUNERAL SERVICES
DURING THE COVID-19 PUBLIC HEALTH EMERGENCY
When you have read this document, you can affirm at the bottom.
As of June 26, 2020
Purpose
This Interim Guidance for Religious and Funeral Services and Operations of Faith-Based institutions
during the COVID-19 Public Health Emergency (“Interim COVID-19 Guidance for Religious and Funeral
Services and Operations of Faith-Based Institutions”) was created to provide faith leaders and officiants
of religious and funeral services and their employees, contractors, volunteers, and attendees with
precautions to help protect against the spread of COVID-19 as religious and funeral services reopen or
increase activity. This guidance applies to all religious and funeral gatherings, including burial and
committal services.
These guidelines are minimum requirements only, and additional precautions or increased restrictions
may be required by the institution or operator. These guidelines are based on the best-known public
health practices at the time of publication, and the documentation upon which these guidelines are based
can and does change frequently. The Responsible Parties – as defined below – are accountable for
adhering to all local, state and federal requirements relative to religious and funeral services. The
Responsible Parties are also accountable for staying current with any updates to these requirements, as
well as incorporating same into any religious and funeral services and/or Site Safety Plan.
Background
On March 7, 2020, Governor Andrew M. Cuomo issued Executive Order 202, declaring a state of
emergency in response to COVID-19. Community transmission of COVID-19 has occurred throughout
New York. To minimize further spread, social distancing of at least six feet must be maintained between
individuals, where possible.
On April 15, 2020, Governor Cuomo issued Executive Order 202.17, directing that any individual who is
over age two and able to medically tolerate a face-covering must cover their nose and mouth with a
mask or cloth face-covering when in a public place and unable to maintain, or when not maintaining,
social distance. On April 16, 2020, Governor Cuomo issued Executive Order 202.18, directing that
everyone using public or private transportation carriers or other for-hire vehicles, who is over age two
and able to medically tolerate a face covering, must wear a mask or face covering over the nose and
mouth during any such trip. It also directed any operators or drivers of public or private transport to wear
a face covering or mask which covers the nose and mouth while there are any passengers in such a
vehicle. On May 29, 2020, Governor Cuomo issued Executive Order 202.34, authorizing business
operators/owners with the discretion to deny admittance to individuals who fail to comply with the face
covering or mask requirements.
On April 26, 2020, Governor Cuomo announced a phased approach to reopen industries and businesses
in New York in phases based upon a data-driven, regional analysis. On May 4, 2020, the
Governor provided that the regional analysis would consider several public health factors, including new
COVID-19 infections, as well as health care system, diagnostic testing, and contact tracing capacity. On
1
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May 11, 2020, Governor Cuomo announced that the first phase of reopening would begin on May 15,
2020 in several regions of New York, based upon available regional metrics and indicators. On May 29,
2020, Governor Cuomo announced that the second phase of reopening would begin in several regions of
the state, and announced the use of a new early warning dashboard that aggregates the state's
expansive data collection efforts for New Yorkers, government officials, and experts to monitor and
review how the virus is being contained to ensure a safe reopening. On June 11, Governor Cuomo
announced that the third phase of reopening would begin on June 12 in several regions of New York.
In addition to the following standards, any Department of Health guidance and directives for maintaining
clean and safe work environments must be followed.
Please note that where guidance in this document differs from other guidance documents issued by New
York State, the more recent guidance shall apply.
Standards for Responsible Religious and Funeral Services in New York State
No religious and funeral services activity can occur without meeting the following minimum State
standards, as well as applicable federal requirements, including but not limited to such minimum
standards of the Americans with Disabilities Act (ADA), Centers for Disease Control and Prevention (CDC),
Environmental Protection Agency (EPA), and United States Department of Labor’s Occupational Safety
and Health Administration (OSHA).
The State standards contained within this guidance apply to all religious and funeral services in operation
during the COVID-19 public health emergency until rescinded or amended by the State. The operator of
the religious or funeral service, or another party as may be designated by the operator (in either case,
"the Responsible Parties"), shall be responsible for meeting these standards.
The following guidance is organized around three distinct categories: people, places, and processes.
I. PEOPLE
A. Physical Distancing
•
Responsible Parties must ensure that for any religious or funeral service, the congregant/attendee
capacity is limited to:
o
In Phase 1 regions, no more than 10 people for any services occurring indoor or outdoor.
o
In Phase 2 and 3 regions, no more than 25% of the maximum occupancy for a particular area as
set by the certificate of occupancy for services occurring indoor or no more than 25 people for
services occurring outdoor.
o
In Phase 4 regions, no more than 33% of the maximum occupancy for a particular area as set by
the certification of occupancy for services occurring indoor or no more than 50 people for
services occurring outdoor.
▪
If separate buildings are available for use, Responsible Parties may have multiple groups of
10 in separate buildings at the same time in Phase 1; a maximum occupancy of 25% in
separate buildings at the same time in Phase 2 and 3; or a maximum occupancy of 33% in
separate buildings at the same time in Phase 4 so long as the buildings have separate
entrances and exits designated and groups do not interact.
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•
Responsible Parties must ensure that a distance of at least six feet is maintained amongst all
individuals at all times, unless safety of the core activity requires a shorter distance (e.g. pallbearing)
or the individuals are members of the same household. However, any singing activity must provide
for a distance between individuals of at least twelve feet, subject to additional protective measures
Any time employees, volunteers, and/or attendees must come within six feet of another person, (or
twelve feet if singing) acceptable face coverings must be worn, unless they are members of the same
household. Employees, volunteers, and/or attendees must be prepared to don a face covering if
another person unexpectedly comes within six feet (e.g. when walking to seats). (See below).
o
•
Acceptable face coverings to protect against COVID-19 include but are not limited to cloth-based
face coverings and disposable masks that cover both the mouth and nose.
Responsible Parties may modify the use and/or restrict the number of stations (e.g. podiums) and
seating areas, so that staff members, volunteers, and attendees are at least six feet apart in all
directions (e.g. side-to-side, in rows, and when facing one another) and are not sharing stations or
seats without cleaning and disinfection between use, unless all individuals are members of the same
household (e.g. seating allows household members to sit together, so long as six feet of distance
from non-household members). When distancing is not feasible between stations (e.g. sound
booths), Responsible Parties must provide and require the use of face coverings and/or enact
physical barriers, such as plastic shielding walls, in lieu of face coverings in areas where they would
not affect air flow, heating, cooling, or ventilation.
o
If used, physical barriers should be put in place in accordance with OSHA guidelines.
o
Physical barrier options may include strip curtains, plexiglass or similar materials, or other
impermeable dividers or partitions.
•
Responsible Parties must prohibit the use of small spaces (e.g. vehicles, elevators) by more than one
individual at a time, unless all individuals in such space at the same time are wearing acceptable face
coverings. However, even with face coverings in use, occupancy must never exceed 50% of the
maximum capacity of the space or vehicle, unless it is designed for use by a single occupant.
Responsible Parties should increase ventilation with outdoor air to the greatest extent possible (e.g.
opening windows and doors), while maintaining safety protocols. Responsible Parties should take
additional measures to prevent congregation in elevator waiting areas and limit density in elevators,
such as enabling the use of stairs.
•
Responsible Parties must put in place measures to reduce bi-directional foot traffic using tape or
signs with arrows in narrow aisles, hallways, pews, or spaces, and post signage and distance markers
denoting spaces of six feet in all commonly used areas and any areas in which lines are commonly
formed or people may congregate (e.g. restrooms, entrances, health screening stations, etc.).
•
Responsible Parties must post signs throughout the facility, consistent with DOH COVID-19 signage.
Responsible Parties can develop their own customized signage specific to their workplace or setting,
provided that such signage is consistent with the Department’s signage. Signage should be used to
remind individuals to:
o
Stay home if sick.
o
Cover their nose and mouth with a face covering.
o
Properly store and, when necessary, discard PPE.
o
Adhere to physical distancing instructions.
o
Report symptoms of or exposure to COVID-19, and how they should do so.
o
Follow hand hygiene and cleaning and disinfection guidelines.
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o
Follow appropriate respiratory hygiene and cough etiquette.
o
Prohibit holding or shaking hands of members of different households during services or prayers.
B. Gatherings in Enclosed Spaces
•
Responsible Parties must limit in-person gatherings (e.g. rehearsals, congregational meetings) within
the following parameters, and may use other methods such as video, teleconferencing, or drive-in
services whenever possible, per CDC guidance “Interim Guidance for Businesses and Employers to
Plan and Respond to Coronavirus Disease 2019 (COVID-19)”.
o
In Phase 1 regions, no more than 10 people for any services occurring indoor or outdoor.
o
In Phase 2 and 3 regions, no more than 25% of the maximum occupancy for a particular area as
set by the certificate of occupancy for services occurring indoor or no more than 25 people for
services occurring outdoor.
o
In Phase 4 regions, no more than 33% of the maximum occupancy for a particular area as set by
the certification of occupancy for services occurring indoor or no more than 50 people for
services occurring outdoor.
•
Responsible Parties must put in place practices for adequate social distancing in small areas, such as
restrooms and breakrooms, and should develop signage and systems (e.g. flagging when occupied)
to restrict occupancy when social distancing cannot be maintained in such areas; and
•
Responsible Parties should stagger schedules for staff members and volunteers to observe social
distancing (e.g. six feet of space) for any gathering (e.g. coffee breaks, and shift starts/stops).
C. Gathering Activity
•
Responsible Parties must take measures to reduce interpersonal contact and congregation, through
methods such as:
o
limiting in-person presence of staff to only those employees/volunteers who are necessary;
o
holding services outdoors, when possible (e.g. outdoor service for religious gatherings, or
graveside-only service for funerals);
o
reducing on-site attendees to accommodate social distancing guidelines;
o
providing remote service options (e.g. live streaming, AM/FM broadcast);
o
allowing drive-in services:
▪
Ensure attendees remain in the vehicle in which they arrived.
▪
Attendees should not interact physically with clergy, employees, or attendees in other
vehicles.
▪
Vehicles should contain only members of a single household;
▪
Cars must be at least 6 feet apart, or use alternate parking spaces.
o
offering multiple service times, including separate times for vulnerable populations (e.g. those
over 70, who have underlying health condition, or those how are immunocompromised;
o
encouraging advanced sign-ups to manage capacity;
o
prioritizing activities that allow for social distancing over those that do not;
4
- App. 296 4-
Case 1:20-cv-04834-KAM-RML Document 2-12 Filed 10/08/20 Page 6 of 11 PageID #: 168
•
o
avoiding multiple people and/or teams working in one area by staggering scheduled activities and
using signs to indicate occupied areas;
o
changing or removing practices that involve close or proximate contact or sharing things among
members of different households, such as:
▪
sharing a car or limousine ride between locations;
▪
providing food and beverages for attendees before, during, or after the event or service.
Responsible Parties must limit activities involving singing, e.g., a choir, soloist, cantor, or musical
ensemble, unless at least 12 feet of separation can be provided between individuals, or additional
distancing or physical barriers can reduce transmission of respiratory droplets.
D. Movement and Operations
•
Responsible Parties must establish designated areas for pickups and deliveries, limiting contact to the
extent possible.
•
Responsible Parties should limit on-site interactions (e.g. designate an egress for individuals leaving
the premises and a separate ingress for individuals entering) and movements (e.g. individuals should
remain near their stations or seats as often as possible).
II. PLACES
A. Protective Equipment
•
Responsible Parties must procure, fashion, or otherwise obtain acceptable face coverings and provide
such coverings to their employees while at work at no cost to the employee. Responsible Parties
should have an adequate supply of face coverings, masks and other required personal protective
equipment (PPE) on hand should an employee need a replacement, or should a visitor or attendee be
in need. Acceptable face coverings include, but are not limited to, cloth (e.g. homemade sewn, quick
cut, bandana), surgical masks, and face shields.
•
Responsible Parties must ensure all attendees wear face coverings that completely cover the nose
and mouth unless doing so would be contrary to the individual’s health or safety due to medical a
condition, or if the attendee is under two years old.
o
Face coverings are required at all times except while seated, provided all individuals are six feet
apart except for immediate household members. Faith leaders, officiants, volunteers, and/or
attendees must be prepared to don a face covering if another person unexpectedly comes within
six feet (e.g. when walking to seats).
•
Face coverings must be cleaned or replaced after use and may not be shared. Please consult the CDC
guidance for additional information on cloth face coverings and other types of PPE, as well as
instructions on use and cleaning.
•
Responsible Parties must allow those performing the religious service or ceremony to use their own
acceptable face coverings but cannot require such participants to supply their own face coverings.
Further, this guidance shall not prevent employees, officiants, volunteers or attendees from wearing
their personally owned additional protective coverings (e.g. surgical masks, or face shields.
5
- App. 297 5-
Case 1:20-cv-04834-KAM-RML Document 2-12 Filed 10/08/20 Page 7 of 11 PageID #: 169
•
Responsible Parties should consider putting in place measures to limit the sharing of objects, such as
religious texts, collection plates, and other materials, as well as the touching of shared surfaces, such
as pews, instruments, doors, and railings; or, require employees and volunteers to wear gloves when
in contact with shared objects or frequently touched surfaces; or, require employees, volunteers, and
attendees to sanitize or wash their hands before and after contact.
•
If providing gowns or other garments, Responsible Parties must ensure they are clean and laundered
between uses.
•
Responsible Parties may implement the following practices to limit the sharing of materials:
•
o
Place donation plates/boxes in central location with proper distancing protocols in place;
o
Remove religious texts from pews or benches, and encourage congregation to bring their own;
o
If choir/musical ensemble meets enhanced distancing measures, encourage members to launder
their own gowns at home, and bring their own instruments, where possible;
o
Adapt certain religious practices that traditionally require close or proximate contact in order to
minimize contact between individuals; and/or
o
Empty fonts or other shared water-related service or ceremonial activities.
Responsible Parties must train employees on how to adequately don, doff, clean (as applicable), and
discard PPE, including but not limited to, appropriate face coverings.
B. Hygiene, Cleaning, and Disinfection
•
Responsible Parties must ensure adherence to hygiene, cleaning and disinfection requirements as
advised by the CDC and DOH, including “Guidance for Cleaning and Disinfection of Public and Private
Facilities for COVID-19,” and the “STOP THE SPREAD” poster, as applicable. Responsible Parties must
maintain logs that include the date, time, and scope of cleaning and disinfection.
•
Responsible Parties must provide and maintain hand hygiene stations on site, as follows:
o
For handwashing: soap, running warm water, and disposable paper towels.
o
For sanitizer: an alcohol-based hand sanitizer containing at least 60% alcohol for areas where
handwashing facilities may not be available or practical.
o
Hand sanitizer must be placed throughout the location for use by all attending or working. It
should be placed in convenient locations such as points of entrance/exit.
•
Responsible Parties should place signage near hand sanitizer stations indicating that visibly soiled
hands should be washed with soap and water; hand sanitizer is not effective on visibly soiled hands.
•
Responsible Parties should place receptacles around the facility for disposal of soiled items, including
PPE.
•
Responsible Parties must provide appropriate cleaning and disinfection supplies for shared and
frequently touched surfaces and encourage participants to use these supplies, following
manufacturers’ instructions, before and after use of these surfaces, followed by hand hygiene.
•
Responsible Parties must conduct regular cleaning and disinfection of the location or facility and more
frequent cleaning and disinfection for high risk areas used by many individuals and for frequently
touched surfaces. Cleaning and disinfection must be rigorous and ongoing and must occur at least
after each service. Please refer to DOH’s “Interim Guidance for Cleaning and Disinfection of Public
and Private Facilities for COVID-19” for detailed instructions on how to clean and disinfect facilities.
6
- App. 298 6-
Case 1:20-cv-04834-KAM-RML Document 2-12 Filed 10/08/20 Page 8 of 11 PageID #: 170
o
Responsible Parties must ensure regular cleaning and disinfection of restrooms. Restrooms
should be cleaned and disinfected more often depending on frequency of use.
▪
•
Responsible Parties must ensure distancing rules are adhered to by reducing restroom
capacity where feasible.
o
Responsible Parties must ensure that shared objects are regularly disinfected using registered
disinfectants, including at least between services. Refer to the Department of Environmental
Conservation (DEC) list of products registered in New York State and identified by the EPA as
effective against COVID-19.
o
If cleaning or disinfection products or the act of cleaning and disinfection causes safety hazards
or degrades the material (e.g. religious artifact), Responsible Parties must put in place hand
hygiene stations between use and/or supply disposable gloves and/or limitations on the number
of individuals touching such material.
o
Responsible Parties must provide for the cleaning and disinfection of exposed areas in the event
of a positive case of COVID-19, with such cleaning and disinfection to include, at a minimum, all
heavy transit areas and high-touch surfaces (e.g. pews, religious texts, collection plates, railings,
doors and other objects).
CDC guidelines on “Cleaning and Disinfecting Your Facility” if someone is suspected or confirmed to
have COVID-19 are as follows:
o
Close off areas used by the person suspected or confirmed to have COVID-19.
▪
Responsible Parties do not necessarily need to close operations, if they can close off the
affected areas.
o
Open outside doors and windows to increase air circulation in the area.
o
Wait 24 hours before you clean or disinfect. If 24 hours is not feasible, wait as long as possible.
o
Clean and disinfect all areas used by the person suspected or confirmed to have COVID-19, such
as offices, bathrooms, common areas, and shared equipment.
o
Once the area has been appropriately disinfected, it can be opened for use.
o
▪
Anyone without close or proximate contact with the person suspected or confirmed to have
COVID-19 can return to the area immediately after disinfection.
▪
Refer to DOH’s “Interim Guidance for Public and Private Employees Returning to Work
Following COVID-19 Infection or Exposure“ for information on “close or proximate” contacts.
If more than seven days have passed since the person suspected or confirmed to have COVID-19
visited or used the facility, additional cleaning and disinfection is not necessary, but routine
cleaning and disinfection should continue.
•
For funeral related services, Responsible Parties must prohibit touching, hugging, or kissing the body
of a deceased person who had confirmed or suspected COVID-19 per CDC guidance, “Funeral
Guidance for Individuals and Families.”
•
Responsible Parties must prohibit shared food and beverages (e.g. self-serve meals and beverages).
D. Phased Reopening
•
Responsible Parties are encouraged to phase-in reopening activities so as to allow for operational
issues to be resolved before production or work activities return to normal levels. Responsible Parties
should consider limiting the number of staff members and volunteers, hours, and number of
7
- App. 299 7-
Case 1:20-cv-04834-KAM-RML Document 2-12 Filed 10/08/20 Page 9 of 11 PageID #: 171
attendees available to be served when first reopening so as to provide operations with the ability to
adjust to the changes.
D. Communications Plan
•
Responsible Parties must affirm that they have reviewed and understand the state-issued industry
guidelines, and that they will implement them.
•
Responsible Parties should develop a communications plan for employees, volunteers, or
congregants, that includes applicable instructions, training, signage, and a consistent means to
provide staff members with information. Responsible Parties may consider developing webpages, text
and email groups, and social media.
III. PROCESSES
A. Screening and Testing
•
Responsible Parties must implement mandatory daily health screening practices for employees, faith
leaders and volunteers. Responsible Parties are encouraged to offer optional health screenings for
attendees.
o
Screening practices may be performed remotely (e.g. by telephone or electronic survey), before
the person arrives to the building, to the extent possible; or may be performed on site.
o
Screening should be coordinated to prevent person from intermingling in close or proximate
contact with each other prior to completion of the screening.
o
At a minimum, screening must be completed using a questionnaire that determines whether the
person has:
(a) knowingly been in close or proximate contact in the past 14 days with anyone who has
tested positive for COVID-19 or who has or had symptoms of COVID-19;
(b) tested positive for COVID-19 in the past 14 days; and/or
(c) has experienced any symptoms of COVID-19 in the past 14 days.
•
Refer to CDC guidance on “Symptoms of Coronavirus” for the most up to date information on
symptoms associated with COVID-19.
•
Responsible Parties must require a person to immediately disclose if and when their responses to any
of the aforementioned questions changes, such as if they begin to experience symptoms, including
during or outside of work hours.
•
In addition to the screening questionnaire, temperature checks of employees may also be conducted
per U.S. Equal Employment Opportunity Commission or DOH guidelines. Responsible Parties are
prohibited from keeping records of individuals’ health data (e.g. the specific temperature data of an
individual), but are permitted to maintain records that confirm individuals were screened and the
result of such screening (e.g., pass/fail, cleared/not cleared).
•
Responsible Parties must ensure that any personnel performing screening activities, including
temperature checks, are appropriately protected from exposure to potentially infectious employees or
visitors entering the site. Personnel performing screening activities must be trained by individuals
who are familiar with CDC, DOH, and OSHA protocols.
8
- App. 300 8-
Case 1:20-cv-04834-KAM-RML Document 2-12 Filed 10/08/20 Page 10 of 11 PageID #: 172
•
Screeners must be provided and use PPE, including at a minimum, a face mask, and may include
gloves, a gown, and/or a face shield.
•
An individual who screens positive for COVID-19 symptoms must not be allowed to enter the
gathering place and must be sent home with instructions to contact their healthcare provider for
assessment and testing.
o
Responsible Parties should provide such individuals with information on healthcare and testing
resources.
o
Responsible Parties must immediately notify the state and local health department about the case
if test results are positive for COVID-19 and they are so informed by the affected person or
persons.
•
Responsible Parties should refer to DOH’s “Interim Guidance for Public and Private Employees
Returning to Work Following COVID-19 Infection or Exposure” regarding protocols and policies for
employees seeking to return to work after a suspected or confirmed case of COVID-19 or after the
employee had close or proximate contact with a person with COVID-19.
•
Responsible Parties must designate a central point of contact, which may vary by activity, location,
shift or day, responsible for receiving and attesting to having reviewed all questionnaires, with such
contact also identified as the party for individuals to inform if they later are experiencing COVID-19related symptoms, as noted on the questionnaire.
•
Responsible Parties must designate a site safety monitor whose responsibilities include continuous
compliance with all aspects of the site safety plan.
•
To the extent possible, Responsible Parties should maintain a log of every person, including
employees and visitors, who may have close or proximate contact with other individuals at the
gathering site or area; excluding deliveries that are performed with appropriate PPE or through
contactless means. The log should contain contact information, such that all contacts may be
identified, traced and notified in the event an employee, volunteer, or attendee is diagnosed with
COVID-19. Responsible Parties must cooperate with state and local health department contact tracing
efforts. The log is not required to maintain a list of attendees.
•
Responsible Parties cannot mandate that attendees complete a health screen or provide contact
information but may encourage attendees to do so. Responsible Parties may provide an option for
attendees to provide contact information so they can be logged and contacted for contact tracing, if
necessary.
B. Tracing and Tracking
•
Responsible Parties must notify the state and local health department immediately upon being
informed of any positive COVID-19 test result by an employee or faith leader at their site.
•
In the case of an employee or faith leader testing positive, the Responsible Parties must cooperate
with the state and local health department to trace all contacts in the workplace and notify the state
and local health department of all employees and visitors who entered the site dating back to 48
hours before the employee began experiencing COVID-19 symptoms or tested positive, whichever is
earlier, but maintain confidentiality as required by federal and state law and regulations.
•
State and local health departments will implement monitoring and movement restrictions of infected
or exposed persons including home isolation or quarantine.
9
- App. 301 9-
Case 1:20-cv-04834-KAM-RML Document 2-12 Filed 10/08/20 Page 11 of 11 PageID #: 173
•
Individuals who are alerted that they have come into close or proximate contact with a person with
COVID-19, and have been alerted via tracing, tracking or other mechanism, are required to selfreport to their employer at the time of alert and shall follow the protocol referenced above.
IV. OPERATOR PLANS
Responsible Parties must conspicuously post completed safety plans on site. The State has made
available a safety plan template to guide in developing plans to protect against the spread of COVID-19,
and such plans are adaptable for faith-based institutions to use.
Additional safety information, guidelines, and resources are available at:
New York State Department of Health Novel Coronavirus (COVID-19) Website
https://coronavirus.health.ny.gov/
Centers for Disease Control and Prevention Coronavirus (COVID-19) Website
https://www.cdc.gov/coronavirus/2019-ncov/index.html
Occupational Safety and Health Administration COVID-19 Website
https://www.osha.gov/SLTC/covid-19/
At the link below, affirm that you have read and understand your obligation to
operate in accordance with this guidance:
https://forms.ny.gov/s3/ny-forward-affirmation
10
- App. 30210-
Case 20-3572, Document 79, 10/29/2020, 2963260, Page1 of 19
20-3572-CV
IN THE UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
AGUDATH ISRAEL OF AMERICA, AGUDATH ISRAEL OF KEW GARDEN
HILLS, AGUDATH ISRAEL OF MADISON, RABBI YISROEL REISMAN,
STEVEN SAPHIRSTEIN,
Plaintiffs-Appellants,
v.
ANDREW M. CUOMO, in his official capacity as Governor of New York,
Defendant-Appellee.
Appeal from the United States District Court
for the Eastern District of New York
No. 1:20-cv-04834-KAM
REPLY BRIEF IN SUPPORT OF EMERGENCY MOTION OF
PLAINTIFFS-APPELLANTS FOR INJUNCTION PENDING APPEAL
Misha Tseytlin
TROUTMAN PEPPER
HAMILTON SANDERS LLP
227 W. Monroe Street, Suite 3900
Chicago, IL 60606
Telephone: (608) 999-1240
misha.tseytlin@troutman.com
Avi Schick
W. Alex Smith
TROUTMAN PEPPER
HAMILTON SANDERS LLP
875 Third Avenue
New York, NY 10022
Telephone: (212) 704-6126
avi.schick@troutman.com
Attorneys for Plaintiffs-Appellants
October 29, 2020
- App. 303 -
Case 20-3572, Document 79, 10/29/2020, 2963260, Page2 of 19
TABLE OF CONTENTS
INTRODUCTION ..................................................................................................... 1
ARGUMENT ............................................................................................................. 3
I. Plaintiffs Are Likely To Prevail On The Merits.............................................. 3
A. The Order Is Unlawful Under Masterpiece Cakeshop, Lukumi, And
Central Rabbinical ..................................................................................... 3
B. The Order Discriminates By Disfavoring “Houses of Worship” ............... 7
II. Injunctive Relief Is Necessary Under The Equities ....................................... 9
III. Plaintiffs Have Complied With Rule 8(a) .................................................... 11
CONCLUSION ........................................................................................................ 12
- App. 304 -
Case 20-3572, Document 79, 10/29/2020, 2963260, Page3 of 19
TABLE OF AUTHORITIES
Page(s)
Cases
Calvary Chapel Dayton Valley v. Sisolak,
140 S. Ct. 2603 (2020) ...................................................................................... 7, 8
Cent. Rabbinical Cong. of the U.S. & Can. v. N.Y.C. Dep’t of Health
& Mental Hygiene,
763 F.3d 183 (2d Cir. 2014) .....................................................................1, 2, 3, 4
Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah,
508 U.S. 520 (1993) ..................................................................................1, 3, 4, 5
Denver Bible Church v. Azar,
2020 U.S. Dist. LEXIS 195607 (D. Colo. Oct. 15, 2020) .................................... 8
Elrod v. Burns,
427 U.S. 347 (1976) .............................................................................................. 9
Emp’t Div., Dep’t of Human Res. of Ore. v. Smith,
494 U.S. 872 (1990) ............................................................................................ 10
Harvest Rock Church, Inc. v. Newsom,
__ F.3d __, 2020 U.S. App. LEXIS 31226 (9th Cir. Oct. 1, 2020) ...................... 9
Homans v. City of Albuquerque,
264 F.3d 1240 (10th Cir. 2001) .......................................................................... 11
In re Flint Water Cases,
960 F.3d 820 (6th Cir. 2020) .............................................................................. 12
Jacobson v. Massachusetts,
197 U.S. 11 (1905) ............................................................................................ 2, 4
Jolly v. Coughlin,
76 F.3d 468 (2d Cir. 1996) ................................................................................... 9
Maryville Baptist Church, Inc. v. Beshear,
957 F.3d 610 (6th Cir. 2020) ................................................................................ 8
- ii -
- App. 305 -
Case 20-3572, Document 79, 10/29/2020, 2963260, Page4 of 19
Masterpiece Cakeshop, Ltd. v. Colo. Civil Rights Comm’n,
138 S. Ct. 1719 (2018) ..............................................................................1, 2, 3, 4
N.Y. Progress & Prot. PAC v. Walsh,
733 F.3d 483 (2d Cir. 2013) ............................................................................... 10
Planned Parenthood of Greater Tex. Surgical Health Servs. v. Abbott,
734 F.3d 406 (5th Cir. 2013) .............................................................................. 12
Roberts v. Neace,
958 F.3d 409 (6th Cir. 2020) ................................................................................ 7
Soos v. Cuomo,
2020 U.S. Dist. LEXIS 111808 (N.D.N.Y. June 26, 2020) ................................. 8
South Bay United Pentecostal Church v. Newsom,
140 S. Ct. 1613 (2020) ..............................................................................4, 7, 8, 9
Spell v. Edwards,
962 F.3d 175 (5th Cir. 2020) ................................................................................ 8
The Roman Catholic Diocese of Brooklyn, New York v. Cuomo,
No. 20-3590 (2d Cir.) ........................................................................................... 6
The Roman Catholic Diocese of Brooklyn, New York v. Cuomo,
No. 20-4844 (E.D.N.Y.) ................................................................................. 6, 10
Rules
Executive Order No. 202.68 .............................................................................passim
Fed. R. App. P. 8 ...................................................................................................... 11
Other Authorities
Carl Campanile, Cuomo Calls COVID-19 Resurgence an ‘UltraOrthodox’ Jewish Problem, NYPost (Oct. 9, 2020) ............................................. 3
Governor Andrew M. Cuomo, Governor Cuomo Announces Travel
Advisory Requiring 14-Day Quarantine, New York State (Oct. 27,
2020) ..................................................................................................................... 7
- iii -
- App. 306 -
Case 20-3572, Document 79, 10/29/2020, 2963260, Page5 of 19
Governor Andrew M. Cuomo, Governor Cuomo Updates New
Yorkers on State’s Progress During COVID-19 Pandemic, New
York State (Oct. 23, 2020) ................................................................................ 6, 7
Calculating Severe Acute Respiratory Syndrome Coronavirus 2
(SARS-CoV-2) Laboratory Test Percent Positivity (Sept. 3, 2020)
This text is long and has been trimmed here. Open the source document for the complete record.
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.