Under the Process to Reopen Pennsylvania, and the Business Guidance, different occupancy limits apply to businesses based upon the nature of their business and the county in which they are located.

In the Green Phase of reopening, businesses that were permitted to operate in the Yellow Phase may increase their capacity to 75 percent of the total occupancy stated on their occupancy permit, while businesses that were not permitted to open in the Yellow Phase — such as movie theaters, gyms, arcades, and others — may operate at 50 percent of the total occupancy stated on their occupancy permit.

In addition to these general limitations, gatherings and events — such as meetings, weddings, catered events, concerts, conferences, fairs, festivals, sporting events, movie showings or theater performances, and similar events occurring within these businesses — are subject to specific conditions during each phase of reopening. Specifically, facilities and venues must limit the total number of individuals gathering at one time for any discrete gathering or event within the facility or venue.

Under the orders issued on July 15, 2020, such gatherings for a planned or spontaneous event were limited to 25 individuals for each discrete gathering or event within the indoor facility or venue. Outdoor events were limited to 250 individuals.

Additionally, per the orders from July 15, 2020, all restaurants and bars must follow these restrictions:

• All businesses in the retail food services industry, including restaurants, wineries, breweries, private clubs, and bars, are permitted to provide take-out and delivery sales of food, as well as dine-in service in both indoor and outdoor seating areas so long as they strictly adhere to the requirements of the guidance required by the order, including:
  • Prohibition from conducting operations unless the facility offers sit-down, dine-in meals, or is serving take-out sales of alcoholic beverages. All service must be at a table or booth; bar service is prohibited.
  • Alcohol only can be served for on-premises consumption when in the same transaction as a meal.
  • Take-out sales of alcohol for the purposes of off-site consumption are permitted subject to any limitations or restrictions imposed by Pennsylvania law.
  • Non-bar seating in outdoor areas (i.e. tables or counter seats that do not line up to a bar or food service area) may be used for customer seating.
  • Social distancing, masking, and other mitigation measures must be employed to protect workers and patrons.
  • Occupancy is limited to 25 percent of stated fire-code maximum occupancy for indoor dining, or 25 persons for a discrete indoor event or gathering in a restaurant. The maximum occupancy limit includes staff.
  •  Nightclubs must be closed.

Please see FAQs related to the mitigation orders from July 15, 2020.

Please note that regardless of phase, all facilities and venues must still enforce social distancing requirements, which may limit occupancy below the attendance limits noted above.

The Department of Health amended guidelines on safe gathering limits on October 6, 2020 (effective 10/9/2020). Under that amendment, venues hosting events or gatherings must determine their established occupancy limit as defined by the National Fire Protection Association (NFPA) Life Safety Code and then apply the new attendee calculator in the order to determine how many attendees are permitted to attend the event or gathering. See the calculator.

An event or gathering is a temporary grouping of individuals for defined purposes, that takes place over a limited timeframe, such as hours or days. For example, events and gatherings include fairs, festivals, concerts or shows and groupings that occur within larger, more permanent businesses, such as shows or performances within amusement parks, individual showings of movies on a single screen/auditorium within a multiplex, business meetings or conferences, or each party or reception within a multiroom venue. Events should use the maximum occupancy calculator to determine the occupancy allowed for an event.

Yes. Businesses should include staff and employees who are interacting with event attendees when considering their occupancy limit or crowd gathering size.

Under the orders from July 15, 2020 and the October 6, 2020 amendment, telework should be utilized unless it is not possible to do so.

Professional sports are defined as any sporting event at which the participants are paid by a league or team, or at which individuals or teams receive prizes or purse. Professional sports organizations must follow the amended guidelines on safe gathering limits released by the Department of Health on October 6, 2020 (effective 10/9/2020), provided they follow orders issued by the Secretary of Health and recommendations issued by the Centers for Disease Control and Prevention (CDC) and other health or athletics-based organizations. The sports organization is not required to submit a safety plan for approval to DOH if fewer people than are allowed by the maximum occupancy calculator are on site or directly outside of the site.

The orders from July 15, 2020 and the October 6, 2020 amendment, do not apply to religious services. However, religious leaders are encouraged to find alternatives to in-person gatherings and to avoid endangering their congregants. While not required for religious gatherings, religious institutions are encouraged to follow CDC guidelines.

Please submit your information to the newly developed Pennsylvania Manufacturing Call to Action Portal. Have a question about the portal? Email RA-DCEDPAMCTAP@pa.gov.

Yes. According to the Governor’s Green Phase order, businesses must continue to follow the order of the Secretary of the Pennsylvania Department of Health Directing Public Health Safety Measures for Businesses Permitted to Maintain In-person Operations.

Regarding customers, the Order states, “require all customers to wear masks while on premises, and deny entry to individuals not wearing masks, unless the business is providing medication, medical supplies, or food, in which case the business must provide alternative methods of pick-up or delivery of such goods; however, individuals who cannot wear a mask due to a medical condition (including children under the age of 2 years per CDC guidance) may enter the premises and are not required to provide documentation of such medical condition.”

Regarding employees, the Order states, “provide masks for employees to wear during their time at the business, and make it a mandatory requirement to wear masks while on the work site, except to the extent an employee is using break time to eat or drink, in accordance with the guidance from the Department of Health and the CDC. Employers may approve masks obtained or made by employees in accordance with Department of Health guidance.”

A disposable face shield would suffice in lieu of a mask. Employers may approve masks obtained or made by employees in accordance with guidance on homemade masks found on the Department of Health’s website.

Yes, except that if a business provides medication, medical supplies, or food, that business must offer another means for the customer to purchase goods if the customer is unable to wear a mask. Those means could include home delivery or contactless curbside pick-up.

Individuals who cannot wear a mask due to a medical condition (including children under the age of 2 years per CDC guidance) may enter the premises and are not required to provide documentation of such medical condition.

If the customer is refused service, and if the business is not able to provide a mask, the business should consider providing information on mask making, distributing “how to” flyers, or sharing information about where masks can be purchased. Additionally, businesses should advise the customer that masks are required; tell the customer that only those who cannot wear a mask due to a medical conditions may enter the premises without a mask; and advise the customer that almost any face covering would be acceptable. If a customer is belligerent or aggressive, there is no expectation that an employee should force a customer to comply or put themselves in a dangerous situation.

Businesses should consider how they would deal with a customer who may attempt to enter the business without a shirt or shoes, and may wish to react similarly. Businesses should consider giving customers resources on how to make their own mask or provide a mask.

Additionally, businesses should advise customers that masks are required while in the business; tell the customer that only persons who cannot wear a mask due to a medical condition do not have to comply with the requirement to wear a mask; and advise the customer that almost any face covering would be acceptable. If a customer is belligerent or aggressive, employees need not force a customer to comply and should not put themselves in a dangerous situation.

All employees, with the exception of those with a medical condition or in the case of safety issues or while sequestered alone in a room, must wear a mask in the workplace. The administration does not dictate to employers how they should manage their workforce if employees refuse to comply with the requirement to wear a mask.

Employees must wear masks unless the mask impedes their vision, if they have a medical condition that impedes the wearing of a mask, or if wearing a mask would create an unsafe condition in which to operate equipment or execute a task.

Employees isolated in their personal office space, which is not shared with any other colleagues, do not need to wear a mask. However, when the employee leaves their individual office or has invited a colleague into their office, they must wear a mask. Additionally, one cannot wear a mask while eating or drinking. At those times, social distancing techniques should be applied.

No. Employees must wear masks unless the mask impedes their vision, if they have a medical condition that impedes the wearing of a mask, or if wearing a mask would create an unsafe condition in which to operate equipment or execute a task.

If the person is driving alone throughout the trip, no mask is needed in the vehicle, however, should they need to travel through a toll-booth or other drive thru they should be wearing a mask.

Yes. However, an employee does not need to wear a mask if it impedes their vision, if they have a medical condition, or if it would create an unsafe condition in which to operate equipment or execute a task.

Yes. An employee does not need to wear a mask if it impedes their vision, if they have a medical condition, or if it would create an unsafe condition in which to operate equipment or execute a task, including during hot and humid conditions.

Face shields should be considered as an acceptable alternative to face masks when high temperatures and humidity create unsafe conditions. Additionally, social distancing measures should be enforced when conditions are unsafe for wearing a mask and/or face shield. Employers should utilize discretion when determining unsafe conditions.

Yes. However, an employee does not need to wear a mask if it impedes their vision, if they have a medical condition that precludes the wearing of a mask, or if wearing a mask would create an unsafe condition in which to operate equipment or execute a task.

The administration does not dictate the employer’s business structure. The employer is responsible for taking the necessary steps to implement the masking requirement for employees. State enforcement agencies have been directed to begin enforcement with additional education for and warnings to non-compliant businesses, before moving progressively to more significant enforcement steps if warranted.

No. Employers may approve masks obtained or made by employees in accordance with the Department of Health’s guidance, available here. Customers may utilize masks obtained or made in accordance with the Department’s guidance. Scarves, bandanas, or other face covering will also suffice in place of a mask.

Employers do not need to purchase masks from any specific vendor, but are required to provide masks to employees to wear during business hours. Homemade masks and masks owned by employees are allowable. The Department of Health has published guidance on how to make cloth masks. Additionally, the Department of Community and Economic Development has created a Business-2-Business Directory, which identifies potential vendors of masks and other Personal Protective Equipment (PPE), available here.

Yes. Bank employees should wear masks at all times. Customers can be asked to remove their masks to reveal their face and then recover their face after the bank employee has identified the customer. This should take place within a minimum distance of six feet.

Transit riders should wear masks unless there is a medical reason that prevents them from wearing a mask, or unless they are unable to provide themselves with a mask or a suitable option (bandana, scarf, etc.) because of economic reasons. A transit company that is able to provide masks for its customers should make every attempt to do so.

The Governor and Secretary of Health have chosen to employ safety measures beyond the CDC. Employees must wear masks at all times except when isolated from others in a private space or when it adversely affects their health.

Businesses are required to make employees and customers aware of the guidance provided by the Commonwealth to keep people at their establishment safe. In addition, businesses are required to publicly acknowledge their responsibility to conduct their operations to ensure the health.

Businesses must print, sign, and post the “COVID-19 Safety Procedures for Businesses” flyer on their premises. The flyer is located on the Resources for COVID-19 webpage. Businesses must post the signed flyer in employee common space and, if the business serves the public, the business must also post the flyer near the business’s public entrance(s) in prominent location(s).

The Governor and Secretary of Health’s orders and guidance apply to all businesses that remain open and already includes limited exceptions related to medical conditions and to occupational safety. There is no process to provide waivers or exceptions.

All businesses in all industries and sectors of the economy (including non-profit entities) in the Commonwealth s, are required to strictly adhere to the requirements of the Guidance for Businesses Guidance, available here, unless they are otherwise more stringently regulated under separate industry-specific guidance.

Facilities must clean and disinfect all spaces, especially commonly used rooms and shared electronic equipment. The Centers for Disease Control and Prevention (CDC) has established guidance on appropriate cleaning. Businesses should also refer to the Secretary’s April 6, 2020 Order Directing Building Safety Measures available HERE

All businesses are ordered to wait a minimum of 24 hours, or as long as practical, before beginning cleaning and disinfection.

According to the CDC, if more than 7 days have passed since the person who is sick visited the business or facility, enhanced cleaning and disinfection is not necessary. However, the business should continue routine cleaning. If the person who is sick was onsite at the business or facility within 7 days, then the work site should be cleaned and disinfected.

All businesses are strongly encouraged to take as many precautions as possible to ensure employee safety. Disease transmission between employees is likely when working closely together. The U.S. Department of Labor Occupational Health and Safety Administration (OSHA) provides similar recommendations for or businesses in regard to social distancing, including the “every other register” recommendation. However, if all other public health practices have been implemented, including limiting in-person shopping, limiting the number of customers to reduce crowding, installing shields or barriers, performing regular cleaning and designating a specific shopping time for high risk individuals, then a business may consider opening checkout lanes that are next to each other.

Businesses should take as many precautions as possible to ensure customer safety including special shopping hours at least once a week. However, if all other public health practices have been implemented, including limiting in person shopping, limiting the number of customers to reduce crowding, installing shields or barriers, performing regular cleaning and only opening every other register, then a business may consider if designated shopping times are necessary. Businesses should keep in mind that six feet is the recommended distance of separation. Infection is more likely to happen when customers and staff are in proximity.

All businesses are required to wait a minimum of 24 hours, or as long as practical, before beginning cleaning and disinfection.

Yes, businesses can use an established or new vendor to comply with cleaning requirements.

The business should follow FDA regulations and should consider the safety of its facility and employees while complying while making the best decision possible.

No. Businesses with a campus of multiple facilities or a building with multiple offices only need to close and clean the area of the building where an individual with a suspected or confirmed positive case of COVID-19 has worked. However, businesses should be mindful of bathrooms, breakrooms, building lobbies and other frequently visited areas.

Businesses are responsible to ensure that all facilities are cleaned. Please note that leases or other similar agreements may provide that cleaning be conducted by a landlord or other service.

Yes. The International Plumbing Code requires public toilet facilities be provided for customers, unless all customer transactions are takeout or pickup and drop-off. There has been no suspension of this requirement.

Shields or barriers are not required at security desks, however, businesses should consider how much interaction their security staff have with customers or employees. If security staff have significant interactions, the Department of Health recommends the installation of a barrier.

Employers should take all possible steps to encourage social distancing, including staggering shift start/stop times, as well as staggering breaks.

Businesses should use their best judgment based on the square footage of the elevator. The Department recommends that business allow as few people as possible while also discouraging crowds gathering while waiting for the elevator.

Businesses are required to check the temperature of employees upon discovery that the business has been exposed to a person who is a probable or confirmed COVID-19 case. However, the Department of Health recommends that employers check the temperature and or symptoms of all employees at the beginning of each shift, particularly in those areas of the Commonwealth with high positive case numbers. This can be done in several ways:

If thermometers can be procured:

• — Employers may take their employees’ temperatures on site utilizing best practices.
• — Employees may self-screen taking their temperature at home with business-provided thermometers or their own personal thermometer.

If thermometers cannot be procured:

• — Employers may ask their employees to conduct a questionnaire-based screening at the worksite utilizing the Department approved screening tool or equivalent.
• — Employees may self-screen by conducting a questionnaire-based screening at their home utilizing the Department approved screening tool or equivalent.

If utilizing self-screening, businesses must also establish a policy for employees to report their temperature or symptoms to the employer on a daily basis. This policy should include a provision that would not allow employees with symptoms to come onto the worksite.

Additionally, businesses should consider paid leave policies that incentivize workers to stay home when reporting symptoms, including a temperature of 100.4 F or higher. This would alleviate the potential of employees lying to avoid losing pay, or potentially losing jobs.

Daily self-screening is encouraged even if the employee is not scheduled to enter the worksite. For example, if an employee is off for the weekend, performing a self -screening is not required but a matter of good public health.

It is best to do screenings as close to the door of a facility or outside, if possible.

Businesses should consider taking the temperature of employees in their car as they enter parking lots/garages or inside of a building lobby. If taking temperatures inside, remember to clean high touch surfaces frequently.

Employers are not required to screen employees who are working from home or have no contact with other employees, but it is recommended.

Employers are responsible for taking the temperature or implementing a self-screen policy for their employees. The building owner is not required to screen tenants.

The requirement to conduct temperature screenings is only intended to address the circumstances after an employer becomes aware of a potential or actual exposure. However, the Department of Health recommends temperature screenings be conducted, at all times, however, particularly in those areas of the Commonwealth with high positive case numbers.

Non-employees are not subject to temperature checks; these employees should have temperature checks or self-screening polices put in place by their own employer (self-employed individuals must self-screen and monitor). If, however, a contractor is physically present in a business as if he or she were an employee and has similar physical contact with employees as if he or she were an employee, the employer should temperature check that contractor.

Yes, an elevated temperature should prompt sending the employee home. While an elevated temperature is just one symptom, employees should be monitoring for other symptoms as well and should be encouraged to stay home if exhibiting any of those symptoms.

Tenants should notify the building owner that one of their employees has tested positive without sharing personal details. It is recommended that owners notify other tenants that someone within the building has tested positive without sharing personal details and should follow this protocol if one of their employees who works in the building tests positive. Building owners should ensure that common spaces within the building are cleaned according to guidelines.

The employer is responsible for implementing temperature screenings or implementing self- screening policies of their employees. In the example, the employer of the cleaning staff is responsible for instituting a temperature screening policy. It is recommended that the employer notify the owner of the leased facility of the presence in the leased facility of an employee who tests positive.

Employers are responsible for taking the temperature or implementing a self-screen policy for their employees. The building owner is not required to screen tenants.

Upon learning that the business has been exposed to a COVID-19 case, businesses should implement temperature screening or a self-screen policy for all employees who physically enter the worksite.

A person is considered to have a probable case of COVID-19 if that person has symptoms (i.e., fever, cough, shortness of breath) and exposure to a high-risk situation, or if the person has a positive antibody test and either symptoms or high-risk exposure.

The administration does not dictate the employer’s medical leave policy.

No.

Businesses that are concerned that testing customers would create legal issues should check with their legal counsel.

Employers are not required to conduct temperature screenings in more the one location; however, the Department of Health recommends such temperature screenings and or symptom screens be conducted, particularly in those areas of the Commonwealth with high positive case numbers.

The temperature screening requirement applies at the employee’s starting workplace. If the person was temperature checked at their starting workplace they do not need to be rescreened; however, if they were not screened at their initial location, they should be screened upon commencing work in the Commonwealth.

Businesses with a campus of multiple facilities or a building with multiple offices only need to screen employees from the area of the building where an individual with a suspected or confirmed positive case of COVID-19 has worked. However, businesses should be mindful of bathrooms, breakrooms, building lobbies and other frequently visited areas. The Department of Health recommends temperature screenings be conducted, at all times, however, particularly in those areas of the Commonwealth with high positive case numbers.

Please review the responses above for practices with respect to temperature screening at home.

Businesses within a large building of multiple offices only need to screen employees from the area of the building where an individual with a suspected or confirmed positive case of COVID- 19 has worked. For example, if the COVID positive person works on a single floor of a building only that floor would need to be screened.

However, businesses should be mindful of bathrooms, breakrooms, building lobbies and other frequently visited areas. The Department of Health recommends temperature screenings be conducted, at all times, however, particularly in those areas of the Commonwealth with high positive case numbers.

No. Employers should use regular supply opportunities or visit DCED Business-2-Business portal.

Restrictions upon certain business activities have been undertaken to control the spread of a communicable disease, COVID-19 as ordered by the Governor and the Secretary of Health. These Orders are enforceable through criminal penalties under the Disease Control and Prevention Law of 1955 and the Administrative Code of 1929.

While other criminal penalties in those laws, the Crimes Code and the Liquor Code, may apply, the following are the most directly applicable provisions for enforcement of the Orders: 71 P. S. § 1409 and 35 P.S. § 521.20(a).

We strive to ensure enforcement of the orders will be consistent throughout the Commonwealth. We also expect that any discipline for violation of the orders will be progressive discipline that begins with a warning to any suspected violator. Furthermore, enforcement should be prioritized to focus on businesses where people congregate.

State and local officials should use best judgment in exercising their authorities and issuing implementation directives and guidance. All such decisions should appropriately balance public health and safety while ensuring the continued delivery of critical infrastructure services and functions.

No. Complaints will only be taken online. A webform for employees to submit complaints is available on the Department’s website.