Updates for Non-Essential Businesses

The guidelines for essential businesses have not changed, but there are some small changes for non-essential businesses. If you are unsure which of category your business falls info, please see the list of essential businesses here. This means that some businesses that were deemed non-essential may be able to do a bit more than before as an interim before being able to reopen to walk-in or a modified business model. These changes include the option to be able to do fulfillment of online and phone orders with a small number of employees in the store. Stores must still remain closed to walk-in traffic. The parameters for number of employees and the way the business must operate are available in the link below.

Some of the changes to the non-essential businesses are seen in the listing below, this is not the full list of changes nor does it constitute advice for businesses on operating procedure or if their business falls under the non-essential businesses allowed to do remote fulfillment; for the full order and State’s guidelines, please see the order and FAQ’s in the link below.

https://www.mass.gov/info-details/covid-19-essential-services-faqs

Selected FAQ’s from Mass.gov:

• Can employees of non-essential businesses still come in to do non-essential work?  NO unless the business and its employees are following the guidelines for remote fulfillment spelled out below.
• Can non-essential businesses bring in a small number of employees in order to remotely fulfill online or phone orders? YES if following the remote fulfillment guidelines below
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  • Facilities must be closed to the public, as the allowance is for the fulfillment of remote sales/orders only
  • Employees may only be engaged in the packaging and delivery/shipping of phone and online orders, not the manufacturing of those product
  • Operating hours must allow for sufficient ongoing off-hour sanitation/cleaning
  • All employees must wear face coverings while on-site
  • All employees must maintain 6 feet social distancing and employers should stagger employees within the facility to ensure social distancing
  • Any deliveries made by employees must be ‘no-contact’ deliveries: items must be left in mailboxes, mailrooms, garages, lobbies, at doorstep, or similar no-contact drop-off points
  • Employers must stagger shift start/stop times and breaks/lunchtimes in order to minimize contact
  • Facilities must have readily accessible hand sanitizer and hand washing facilities for employee use
  • In a closed facility that is used for remote fulfillment:
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  • There must be enough space within the facility for all employees present to be able to maintain six feet of social distancing
  • In a facility under 10,000 square feet, a maximum of 3 employees may be allowed on the premises at a time
  • In a facility between 10,000 – 30,000 square feet, a maximum of 5 employees may be allowed on the premises at a time
  • In a facility more than 30,000 square feet, a maximum of 7 employees may be allowed on the premises at a tim
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  • Employee workspaces must be cleaned frequently, following public health guidelines
  • Employers must require employees to self-administer a temperature check prior to beginning each shift. Any employee with any symptoms, including a temperature over 100.0 degrees, must not report to work and should self-isolate, contact their doctor and follow medical guidance.
  • Employees in quarantine, due to exposure to a known case of COVID-19 or someone with COVID-19 like illness, must remain under quarantine for 14 days since day of exposure and not report to work
  • Employers must strictly adhere to any further workplace guidance
  • Facilities found in noncompliance with this order must be closed immediately
  • Facilities unable to fully comply with all of these parameters shall not operate.
• If I work outside and can socially distance, can I keep running my business even if it isn’t essential? YES in some circumstances (see below).
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  • If the service a business provides is not on the essential services list, that business must cease all in-person activities at its bricks-and-mortar facilities. These non-essential businesses are encouraged to work remotely. Businesses that do work remotely, whether as part of their normal activities or as a result of this order, must maintain social distancing requirements: six feet of separation between all employees, and between employees and members of the public.
• What should I do if it is unclear if my business is essential, or if I have submitted a request for my industry to be added to the essential services list?
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  • If a business, organization, or facility is unsure about whether or not it is considered “non-essential” it should:
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  • First, carefully review the Order, the essential services list and the posted FAQ to confirm that the business, organization, or facility is not addressed in some way.
  • Second, if “non-essential” status is still unclear, make a good faith determination about whether it is “non-essential”, based on: i. the Order’s purpose, which is to “minimize all unnecessary activities outside of the home during the state of emergency”; and ii. how similar businesses, organizations, and facilities are treated under the Order.
  • Third, if the business, organization, or facility decides to remain open pending more detailed legal advice, strictly adhere to all applicable guidance from the CDC and DPH regarding social distancing and environmental cleaning and disinfection.