On April 27th, Governor Cuomo outlined a phased plan to re-open New York starting with construction and manufacturing. Based on CDC recommendations, once a region experiences a 14-day decline in the hospitalization rate they may begin a phased re-opening. The plan will be implemented in phases and will be based on regional analysis and determinations. NY is closely monitoring the hospitalization rate, the infection rate and the number of positive antibody tests, as well as the overall public health impact, and will make adjustments to their plan and other decisions based on these indicators.
• Phase 1 – Phase 1 will include opening construction and manufacturing functions with low risk.
• Phase 2 – Phase 2 will open certain industries based on priority and risk level. Businesses considered “more essential” with inherent low risks of infection in the workplace and to customers will be prioritized, followed by other businesses considered “less essential” or those that present a higher risk of infection spread. As the infection rate declines, the pace of reopening businesses will be increased.
• Large Gatherings – the region must not open attractions or businesses that would draw a large number of visitors from outside the local area.
• 2 week Monitoring – there will be two weeks in between each phase to monitor the effects of the re-opening and ensure hospitalization and infection rates are not increasing.
• Coordination – the plan will be implemented with multi-state coordination, especially in downstate New York. The plan will also coordinate the opening of transportation systems, parks, schools, beaches and businesses with special attention on summer activities for downstate, public housing and low-income communities, food banks and child care.
• Employee Protections – the phased re-opening will also be based on individual business and industry plans that include new measures to protect employees and consumers, make the physical work space safer and implement processes that lower risk of infection in the business. The state is consulting with local leaders in each region and industry to formulate these plans.
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, Elizabeth Mincer or the attorney in the firm with whom you are regularly in contact.
Be well and stay safe!