New York State has released guidance for both essential businesses that have been open and nonessential businesses preparing to reopen in Phase 2 eligible regions, as authorized by Governor Cuomo. The guidance is applicable on an industry-specific basis (e.g., offices; real estate; in-store retail; vehicle sales, leases and rentals; retail rental, repair and cleaning activities; commercial building management; and hair salons and barbershops) and includes mandatory requirements and recommended best practices related to social distancing, use of personal protective equipment, hygiene and cleaning, communication, and screening. The guidance also includes Read and Affirm detailed guidelines and a Business Safety Plan Template.
Phase 2 of reopening will begin, as of May 29, in five eligible regions (Finger Lakes, Central New York, the Mohawk Valley, North Country and Southern Tier). Additional information and guidance for Phase 2 industries is available on the NY Forward website. Notably, Phase 1 of reopening has begun in nine of New York’s ten regions, with New York City being the sole exception.
Pursuant to the guidance, in order for a business to reopen in its designated phase, it “must develop a written Safety Plan outlining how its workplace will prevent the spread of COVID-19. A business may fill out [this plan template] to fulfill the requirement, or may develop its own Safety Plan. This plan does not need to be submitted to a state agency for approval but must be retained on the premises of the business and must be made available to the New York State Department of Health (DOH) or local health or safety authorities in the event of an inspection.”
We have included a breakdown of Phases 1 and 2 below for your easy access, and invite you to follow changes in New York State Executive Orders and Guidance with resources from Manatt’s Albany office.
Phase 1
Regions impacted:
- Western New York
- Finger Lakes
- Central New York
- Southern Tier
- Mohawk Valley
- North Country
- Capital District
- Hudson Valley
- Long Island
Industries impacted:
- Construction
- Building Equipment Contractors
- Building Finishing Contractors
- Foundation, Structure and Building Exterior Contractors
- Highway, Street and Bridge Construction
- Land Subdivision
- Nonresidential Building Construction
- Residential Building Construction
- Utility System Construction
- Agriculture, Forestry, Fishing and Hunting
- Greenhouse, Nursery and Floriculture Production
- Other Animal Production
- Other Crop Production
- Support Activities for Animal Production
- Support Activities for Crop Production
- Support Activities for Forestry
- Retail (Limited to curbside or in-store pickup or drop-off)
- Clothing Stores
- Direct Selling Establishments
- Electronics and Appliance Stores
- Electronic Shopping and Mail-Order Houses
- Furniture and Home Furnishing Stores
- Florists
- General Merchandise Stores
- Health and Personal Care Stores
- Jewelry, Luggage and Leather Goods Stores
- Lawn and Garden Equipment and Supplies Stores
- Office Supplies, Stationery and Gift Stores
- Used Merchandise Stores
- Shoe Stores
- Sporting Goods, Hobby, Musical Instrument and Book Stores
- Other Miscellaneous Store Retailers
- Manufacturing
- Apparel Manufacturing
- Computer and Electronic Product Manufacturing
- Electric Lighting Equipment Manufacturing
- Fabricated Metal Product Manufacturing
- Furniture and Related Product Manufacturing
- Leather and Allied Product Manufacturing
- Machinery Manufacturing
- Nonmetallic Mineral Product Manufacturing
- Paper Manufacturing
- Petroleum and Coal Products Manufacturing
- Plastics and Rubber Products Manufacturing
- Printing and Related Support Activities
- Textile Mills
- Textile Product Mills
- Wood Product Manufacturing
- Other Miscellaneous Manufacturing
- Wholesale Trade
- Apparel, Piece Goods and Notions Merchant Wholesalers
- Chemical and Allied Products Merchant Wholesalers
- Furniture and Home Furnishing Merchant Wholesalers
- Household Appliances and Electrical and Electronic Goods Merchant Wholesalers
- Machinery, Equipment and Supplies Merchant Wholesalers
- Metal and Mineral (Except Petroleum) Merchant Wholesalers
- Paper and Paper Product Merchant Wholesalers
- Professional and Commercial Equipment and Supplies Merchant Wholesalers
- Wholesale Electronic Markets and Agents and Brokers
- Miscellaneous Durable Goods Merchant Wholesalers
- Miscellaneous Nondurable Goods Merchant Wholesalers
Industries guidelines and resources:
Phase 2
Regions impacted:
- Finger Lakes
- Central New York
- Mohawk Valley
- North Country
- Southern Tier
Guidelines and resources for impacted entities:
Phase 3
Not Open; Industries to be affected:
- Restaurants / Food Services
Phase 4
Not Open; Industries to be affected:
- Arts / Entertainment / Recreation
- Education