COVID-19: Philadelphia to lift certain COVID-19 bans on 1-15-21

Earlier today, January 12, 2021, the Kenney Administration announced that Philadelphia will lift its ban on theaters, indoor dining, and in-person college instruction on January 15, 2021.

Theaters will able to reopen, with a maximum audience of 5% of total capacity or 5 people per 1,000 square feet, including both attendees and staff. Food and drink will not be allowed, and all guests must wear masks.

Restaurants will be permitted to have indoor dining for 25% of their seating capacity.

Colleges and universities will now be allowed to resume in-person instruction.

Other indoor gatherings, indoor recreational sports, indoor catered events and senior day services will remain in restricted status for the moment.

Duane Morris has created a COVID-19 Strategy Team to help organizations plan, respond to and address this fast-moving situation. Contact your Duane Morris attorney for more information. Prior Alerts on the topic are available on the team’s webpage.

If you have any questions about this post, please contact Brad A. Molotsky, Elizabeth Mincer, Sharon Caffrey, Eve Klein or the attorney in the firm with whom you are regularly in contact.

Be well and stay safe.

 

COVID-19 – NJ adopts CDC guidelines for inbound travelers – reducing self-isolation quarantine timing to 10 day

Per NJ Department of Health guidelines posted on Friday, December 5, 2020, NJ is lowering the COVID-19 quarantine period that out-of-state travelers will need to observe. The new guidance, in line with CDC recommendations, reduces the number of quarantine days from 14 to 10 days.

Under the new guidance, travelers to NJ should self-isolate for 10 days if they test positive for COVID-19, or if testing is not available. They should also self-quarantine for 7 days after travel even if they test negative. Note that the self-quarantining is suggested rather than mandatory.

Recommended timing for tests per the CDC are to get a test between 1 and 3 days before the trip, and between 3 to 5 days after the trip,

Given the recent numbers of new cases, Gov. Phil Murphy and other state and federal health officials have discouraged any non-essential travel, especially the family gatherings typical of the holiday season.

Per NJ Biz, “essential travel” over state lines is largely exempt, and that includes for going to work, medical reasons, military purposes or court orders such as child custody, according to the state health department.

Duane Morris has created a COVID-19 Strategy Team to help organizations plan, respond to and address this fast-moving situation. Contact your Duane Morris attorney for more information. Prior Alerts on the topic are available on the team’s webpage.

If you have any questions about this post, please contact Brad A. Molotsky, Elizabeth Mincer, Paul Josephson, or the attorney in the firm with whom you are regularly in contact.

Be well and stay safe. 

COVID-19: NJ Announces Additional COVID-19 related Restrictions – Restricting Indoor Food service after 10 PM and Indoor Sports

As of this morning, November 9, 2020, NJ Gov. Phil Murphy is set to follow through on his weekend commentary to impose new COVID-19 related restrictions given NJ’s continued increasing COVID-19 numerics.

Per NJBIZ, the Murphy administration has indicated that bars and restaurants will soon need to close all indoor service by 10 p.m. Interstate indoor organized sports will also be prohibited indefinitely, according to sources in the Murphy administration.

The Governor will announce the restrictions, and provide additional details, during his 1 p.m. news conference.

Specifically, restaurants, casinos and bars will be prohibited from serving food and alcohol between 10 p.m. and 5 a.m. and these new rules will take effect on November 12, 2020. Restrictions will also be placed on seating.

Duane Morris has created a COVID-19 Strategy Team to help organizations plan, respond to and address this fast-moving situation. Contact your Duane Morris attorney for more information. Prior Alerts on the topic are available on the team’s webpage.

If you have any questions about this post, please contact Brad A. Molotsky, Elizabeth Mincer, Paul Josephson, Matthew LoBello or the attorney in the firm with whom you are regularly in contact.

Be well and stay safe.

 

 

COVID-19: NJ revises COVID Guidance for Public Gatherings – Self Service Food, Indoor Malls, Athletic Events and Private Tutoring Facilities

On October 31, 2020, Gov. Phil Murphy and the head of the New Jersey State Police modified certain restrictions on businesses and public gatherings in New Jersey. The modifications are set forth in Administrative Order 2020-22 (the “AO”).

Key topics include the prohibition of self service food such as buffets and salad bars ; the allowance of indoor shopping mall vending machine and stroller rentals but prohibiting valet and play areas; the loosing of how we count maximum gatherings for athletic competition; and the allowance of private tutoring facilities to reopen for students and clients.

1.  Self-service FoodSelf service food such as buffets and salad bars are prohibited at retail businesses, like grocery stores, under the AO.  Note that self-service drinks are still permitted, but only if they are routinely and effectively cleaned and sanitized.

2.  Indoor Shopping Malls:

  • Vending machines and stroller rentals are now permitted to be operated at malls as long as they are sanitized, but playgrounds and valet parking must remain closed.
  • Valet Parking and communal play areas are NOT permitted at indoor malls

3.  Athletic events (including those for professional sports and collegiate athletic competitions) are still subject to Executive Orders 161 and 183 but, the AO confirms that athletes, coaches, referees, trainers and other individuals necessary to the performance of a competitive sporting event are NOT included in the number of individuals for gathering limits purposes.

For indoor athletic competitions, the amount of people permitted in such venues is capped at 150 people or 25% of the room’s capacity, whichever is lower.

Masks are required to be worn by spectators and non-athletes at both indoor and outdoor venues (except if under 2 years of age, where it is impracticable for an individual to wear a masks (such as when eating or drinking) or when doing so would violate Federal or State law.

4.  Private Tutoring Facilities: Private tutoring facilities may reopen for students and other clients.

For a copy of the Administrative Order No. 2020-22 –  please see https://d31hzlhk6di2h5.cloudfront.net/20201031/63/af/39/ad/30c4bf2e846cbe2de8b48b61/AO_2020-22.pdf

Duane Morris has created a COVID-19 Strategy Team to help organizations plan, respond to and address this fast-moving situation. Contact your Duane Morris attorney for more information. Prior Alerts on the topic are available on the team’s webpage.

If you have any questions about this post, please contact Brad A. Molotsky, Elizabeth Mincer, Paul Josephson, Matthew LoBello or the attorney in the firm with whom you are regularly in contact.

Be well and stay safe.

COVID-19: NJ HMFA provides Small Landlord Emergency Grant availability for COVID-19 Impact – Round 2 Funding

Earlier this morning on 9-29-20, the New Jersey Housing Mortgage and Finance Agency (NJHMFA) announced the expansion and reopening of its Small Landlord Emergency Grant (SLEG) Program to assist vulnerable renters across NJ by covering their missed rent from April through July 2020.

The program will reopen today, Monday, September 28th, at noon and will run until Tuesday, October 13th at 4:00 p.m.

NJHMFA developed the SLEG Program to reimburse small landlords for missed or reduced rent payments between April 2020 and July 2020 due to COVID-19. Landlords approved for a grant must forgive any back rent or late fees incurred by their tenants.

“Since April, New Jersey landlords have filed 30,000 eviction cases in Landlord-Tenant court. Although Governor Murphy has enacted an eviction moratorium to protect residents from being locked out of their homes for nonpayment of rent, this alarming number demonstrates that many New Jerseyans are struggling to pay rent,” said Charles A. Richman, Executive Director of New Jersey Housing and Mortgage Finance Agency. “Our goal with the SLEG Program is to mitigate hardship for as many landlords and tenants as possible in the current economic crisis. To this end, we have made some small but significant adjustments to the program to increase both eligibility and accessibility. Not only will we reach more renters in need, but we have also removed some of the barriers for landlords to apply.”

To be eligible for the 2nd round of the SLEG Program:

1. Applicants must own a residential property in New Jersey with 3 to 30 rental units;

2. Applicants must be registered with the New Jersey Department of Community Affairs’ (DCA) Bureau of Housing Inspection;

3. The property must not be a seasonal or vacation rental property;

4. The property must have at least one non-vacant rental unit impacted by COVID-19 between April and July 2020;

5. The property must have low-to-moderate income rent levels.

$15 million in CARES Act funding has been allocated to fund the first and second rounds of the SLEG Program.

All completed eligible applications will be randomly sorted by computer to give each applicant an equal chance of being funded. Grant funding will be allocated on a case-by-case basis, based on the number of COVID-impacted units and the amount of missed rent. A list of all successful landlord applicants will be posted to the NJHMFA website, and letters will be sent to all tenants of awarded landlords.

There are a range of tools available on NJHMFA’s website to assist property owners in preparing their applications. These include an application checklist, an annotated application with sample answers, and a Frequently Asked Questions list.

Duane Morris has created a COVID-19 Strategy Team to help organizations plan, respond to and address this fast-moving situation. Contact your Duane Morris attorney for more information. Prior Alerts on the topic are available on the team’s webpage.

If you have any questions about this post, please contact Brad A. Molotsky, Elizabeth Mincer, Matthew LoBello or the attorney in the firm with whom you are regularly in contact.

Be well and stay safe.

COVID-19: NJ announces reopening of Gyms and Indoor Amusement Facilities – 9-1-20

As of today, August 26, 2020, Governor Murphy announced the reopening of gyms and indoor amusement facilities effective as of September 1, 2020. Reopening will include a 25% of capacity limitation and typical safety protocols including masks, social distancing, one way traffic, etc.

Per a press release from Planet Fitness as reported in NJ Patch, “Fitness centers are critical to the mental, physical and financial health for New Jerseyans, and we are grateful that Governor Murphy has announced that we can reopen with safety protocols in place,” said Craig Benson, who operates 18 Planet Fitness locations in the state. “Throughout the reopening process, we will continue to collaborate with local, county and state health officials to ensure that our members can work out again in a safe, clean, and welcoming environment, and our staff can get back to work.”

With respect to gyms:

  • group fitness classes are to be limited to 1 person per 200 SF of space;
  • logs are to be maintained for members and staff;
  • 6′ of distance between pieces of equipment;
  • required sanitization of equipment; and
  • showers are NOT permitted to be open

Many gyms and eating establishments will look to include some or all of the following in their safety protocols:

◦Limited capacity to comply with social distancing;

◦Advanced air filtration systems with high-grade filters;

◦Masks required at all times;

◦Well-stocked cleaning stations with hand sanitizer;

◦Posters explaining best-health practices displayed throughout the facility or gym; 

◦High-tech electrostatic disinfecting sprayers for the tables and gyms as well as equipment;

◦One-way flow for foot traffic;

◦Temperature checks for staff members at the start of each shift in addition to health questionnaire;

◦Touchless check-in;

◦Cleaning of tables and/or machines before and after each use; and

◦ Having an ample supply of PPE equipment for staff and members including masks and gloves.

Indoor dining and movie theatres are expected to be reopened on or before September 14th.

Duane Morris has created a COVID-19 Strategy Team to help organizations plan, respond to and address this fast-moving situation. Contact your Duane Morris attorney for more information. Prior Alerts on the topic are available on the team’s webpage.

If you have any questions about this post, please contact Brad A. Molotsky, Paul Josephson, Elizabeth Mincer or the attorney in the firm with whom you are regularly in contact.

Be well and stay safe.

COVID-19: NJ announces Small and Micro Business PPE Access Program

On August 11, Governor Murphy announced the first phase of the NJ Small and Micro Business PPE Access Program (the “PPE Program”). The goal of the PPE Program is to provide small businesses and non-profits with access to the fairly priced personal protective equipment (PPE) necessary to facilitate safe working conditions during the COVID-19 pandemic.

Under the PPE Program’s first phase, the State will launch a new website that provides micro and small businesses with the information needed to make easier and better PPE sourcing decision. The website will also offer a vetted list of online retailers that have agreed to verify the quality of the PPE they are selling and offer at least a 10% discount to businesses who enter through the State’s website.

Online retailers will be vetted on a first-come, first serve basis by the NJEDA, and must agree to certain performance standards for their site (e.g., transparent pricing, high-quality products, etc.). Vetted online retailers will also be eligible to access an NJDEA grant pool of up to $3.5M to support the purchase of PPE that is manufactured in New Jersey or sourced from a small wholesaler based in a historically underserved community.

Applications to become one of the NJ PPE Access Program Designated Vendors are expected to open in the near future.

Guidelines for practically all sectors require businesses to provide PPE to their employees. This new NJEDA program is geared toward smaller-sized businesses that have few funds to spare for the new costs.

This first phase of $4 million in funding is meant to encourage wholesalers’ purchase of PPE made or assembled in New Jersey. They would be eligible for subsidies of up to 20 percent of what they spent to get the equipment if it’s sourced in New Jersey, or from wholesalers in “historically underserved communities.”

A second funding, of approximately $11 million, is meant to cover the costs for smaller-sized and microbusinesses to purchase the equipment. The NJEDA expects 50,000 separate New Jersey businesses to spend a combined $45 million on PPE, with support from the new state subsidy.

Interested parties can also reach out to NJEDA staff at:  www.SmallBusinessPPE@njeda.com.

Duane Morris has created a COVID-19 Strategy Team to help organizations plan, respond to and address this fast-moving situation. Contact your Duane Morris attorney for more information. Prior Alerts on the topic are available on the team’s webpage.

If you have any questions about this post, please contact Brad A. Molotsky, Elizabeth Mincer or the attorney in the firm with whom you are regularly in contact.

Be well and stay safe!

COVID-19: PA making $10.5M available for Career and Technical Education Centers

Governor Tom Wolf is dedicating approximately $10.5 million to Career and Technical Education Centers (CTC) to assist them in implementing public health and safety plans and help them to resume operations.

CTC Equity grants provide funding to support effective continuity of education programs such as summer and other expanded programming, and industry credential assessments for students enrolled in CTCs negatively impacted by

For more information about the program – check out – https://www.governor.pa.gov/newsroom/gov-wolf-10-5-million-to-help-career-and-technical-education-centers-resume-operations

Duane Morris has created a COVID-19 Strategy Team to help organizations plan, respond to and address this fast-moving situation. Contact your Duane Morris attorney for more information. Prior Alerts on the topic are available on the team’s webpage.

If you have any questions about this post, please contact Brad A. Molotsky, Elizabeth Mincer or the attorney in the firm with whom you are regularly in contact.

Be well and stay safe!

COVID-19: Philadelphia Extends Indoor Dining Ban through 9-1-20

Philadelphia has extended its ban on indoor dining at restaurants to Sept. 1 after the city has seen another week Covid-19 cases on the rise. The previous ban was set to end Aug. 1.

Health officials noted that while they sympathize with restaurant owners, the risk of infection spread is increased with indoor dining.

Mayor Jim Kenney said his administration is working with restaurants to help with permits extending outdoor seating to sidewalks or “streeteries.” According to the Philadelphia Business Journal, Philadelphia is allowed to offer indoor dining while limiting capacity under guidance from the Pennsylvania Department of Health, but city officials have prohibited it as Covid-19 case rates still hover around more than 100 per day.

The Health Commissioner stated that he does NOT believe the city is near a point where it would shut down again, but that officials would regulate or educate in settings where the virus is spreading.For Further Information:

Duane Morris has created a COVID-19 Strategy Team to help organizations plan, respond to and address this fast-moving situation. Contact your Duane Morris attorney for more information. Prior Alerts on the topic are available on the team’s webpage.

If you have any questions about this post, please contact Brad A. Molotsky, Eve Klein, Jon Segal, Elizabeth Mincer or the attorney in the firm with whom you are regularly in contact.

Be well and stay safe!

COVID-19: OSHA issues Updated Guidance on wearing Masks in the Workplace

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has published a series of frequently asked questions and answers regarding the use of masks in the workplace.

The new guidance provides answers to the frequently asked questions of:

  • 1.  What are the differences between cloth face coverings, surgical masks and respirators?
  •  
  • Cloth face coverings:

    • May be commercially produced or improvised (i.e., homemade) garments, scarves, bandanas, or items made from t-shirts or other fabrics.
    • Are worn in public over the nose and mouth to contain the wearer’s potentially infectious respiratory droplets produced when an infected person coughs, sneezes, or talks and to limit the spread of SARS-CoV-2, the virus that causes Coronavirus Disease 2019 (COVID-19), to others.
    • Are not considered personal protective equipment (PPE).
    • Will not protect the wearer against airborne transmissible infectious agents due to loose fit and lack of seal or inadequate filtration.
    • Are not appropriate substitutes for PPE such as respirators (e.g., N95 respirators) or medical face masks (e.g., surgical masks) in workplaces where respirators or face masks are recommended or required to protect the wearer.
    • May be used by almost any worker, although those who have trouble breathing or are otherwise unable to put on or remove a mask without assistance should not wear one.
    • May be disposable or reusable after proper washing.
    •  

    Surgical masks:

    • Are typically cleared by the U.S. Food and Drug Administration as medical devices (though not all devices that look like surgical masks are actually medical-grade, cleared devices).
    • Are used to protect workers against splashes and sprays (i.e., droplets) containing potentially infectious materials. In this capacity, surgical masks are considered PPE. Under OSHA’s PPE standard (29 CFR 1910.132), employers must provide any necessary PPE at no-cost to workers.1
    • May also be worn to contain the wearer’s respiratory droplets (e.g., healthcare workers, such as surgeons, wear them to avoid contaminating surgical sites, and dentists and dental hygienists wear them to protect patients).
    • Should be placed on sick individuals to prevent the transmission of respiratory infections that spread by large droplets.
    • Will not protect the wearer against airborne transmissible infectious agents due to loose fit and lack of seal or inadequate filtration.
    • May be used by almost anyone.
    • Should be properly disposed of after use.
    •  

    Respirators (e.g., filtering facepieces):

    • Are used to prevent workers from inhaling small particles, including airborne transmissible or aerosolized infectious agents.
    • Must be provided and used in accordance with OSHA’s Respiratory Protection standard (29 CFR 1910.134).
  • 2.  Are employers required to provide cloth face masks to workers?  NO.  Cloth face coverings are not considered personal protective equipment (PPE) and are not intended to be used when workers need PPE for protection against exposure to occupational hazards. As such, OSHA’s PPE standards do not require employers to provide them.
  • 3.  Should workers wear cloth face masks while at work?  YES
  • 4.  If workers wear cloth face masks at work, should employers still look to ensure some level of social distancing?  YES
  • 5.  How am I supposed to keep my cloth mask clean? see attached suggested procedures from the CDC – https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/diy-cloth-face-coverings.html
  • 6.  Are surgical masks or cloth face masks acceptable respiratory protection in the construction industry when respirators would be need but are not available? 

    NO. Employers should not be using  surgical masks or cloth face coverings when respirators are needed.

    In general, employers should always rely on a hierarchy of controls that first includes efforts to eliminate or substitute out workplace hazards and then uses engineering controls (e.g., ventilation, wet methods), administrative controls (e.g., written procedures, modification of task duration), and safe work practices to prevent worker exposures to respiratory hazards, before relying on personal protective equipment, such as respirators. When respirators are needed, OSHA’s guidance describes enforcement discretion around use of respirators, including in situations in which it may be necessary to extend the use of or reuse certain respirators, use respirators beyond their manufacturer’s recommended shelf life, and/or use respirators certified under the standards of other countries or jurisdictions.

  • For more information on this topic and the actual FAQs please go to https://www.osha.gov/SLTC/covid-19/.  Note that the OSHA guidance is NOT a standard or a regulation, rather it is advisory in nature and is intended to provide direction from OSHA.

Duane Morris has created a COVID-19 Strategy Team to help organizations plan, respond to and address this fast-moving situation. Contact your Duane Morris attorney for more information. Prior Alerts on the topic are available on the team’s webpage.

For Further Information:

If you have any questions about this post, please contact Brad A. Molotsky, Delphine O’Rourke, Sharon Caffey, Elizabeth Mincer or the attorney in the firm with whom you are regularly in contact.

Be well and stay safe!