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COVID-19 Guidance for Restaurants, Bars and Nightclubs

by injuryatworkadvice_rdd0e1
July 11, 2020
in Legal
COVID-19 Guidance for Restaurants, Bars and Nightclubs

Conducting enterprise within the U.S. Virgin Islands poses distinctive challenges not usually encountered within the states, but additionally distinctive alternatives. This 20-part collection affords suggestions for doing enterprise within the U.S. Virgin Islands, protecting a broad array of matters affecting employers. Half 4 of this collection addresses COVID-19 steerage for eating places, bars, and nightclubs.

Tip 4: Eating places, Bars, and Nightclubs Should Undertake Measures to Mitigate the Unfold of COVID-19 Amongst Staff and Patrons

On June 1, 2020, U.S. Virgin Islands Governor Albert Bryan Jr. issued steerage on security precautions that eating places, bars, and nightclubs ought to comply with to keep away from the transmission of COVID-19 and shield the well being of staff and prospects. Solutions to some often requested questions on this steerage are set forth under.

Basic Pointers Regarding Worker Screenings and Notifications

Query 1. Could eating places, bars, and nightclubs conduct temperature screenings of staff?

Reply 1. Sure. The steerage gives {that a} every day on-site screening, utilizing an infrared thermometer, is the “finest apply” for screening staff by measuring worker physique temperature every day that an worker experiences to work. In line with the steerage, staff mustn’t report back to work if their temperatures exceed 100.3º Fahrenheit. As a substitute for on-site screening, staff might take their temperatures earlier than reporting to work, however the temperature should be “verified” by administration onsite.

Q2. Are any further well being screening measures required?

A2. Sure. The steerage states that on a weekly foundation, employers ought to get hold of from staff a accomplished questionnaire for COVID-19 signs, which incorporates the next questions:

“Have you ever been in shut contact prior to now 14 days with a confirmed case of COVID-19?”
“Have you ever been identified with COVID-19?”
“Have you ever been informed by a well being care supplier or public well being official to self-quarantine?”
“Are you experiencing a cough, shortness of breath/issue respiratory, chills, muscle ache, new lack of style or scent, or sore throat?”
“Have you ever had a fever within the final 48 hours?”
“Have you ever had vomiting or diarrhea within the final 24 hours?”

Q3. Could an employer limit an asymptomatic worker from working?

A3. In line with the steerage, staff ought to self-quarantine if any members of their households have been identified with COVID-19. Employers might limit staff underneath these circumstances.

This fall. When might an worker who was exhibiting signs return to work?

A4. Any worker who experiences “identified or suspected signs of COVID-19 should comply with [Centers for Disease Control and Prevention (CDC)] tips to self-isolate for a minimum of ten (10) days after symptom onset and finish self-isolation solely after signs have improved. A employee is simply deemed or thought-about to have signs improved underneath circumstances the place the employee has been fever-free and/or symptom-free for a minimum of three (3) consecutive days with out remedy earlier than returning to work.”

Q5. What measures ought to an employer take if an worker refuses to adjust to the COVID-19 screening measures?

A5. The steerage gives that employers ought to ship dwelling an worker who refuses to adjust to the COVID-19 well being screening measures listed in Q&A 2.

Q6. Are there any necessities to inform staff about COVID-19-related insurance policies and practices?

A6. Sure. The steerage directs employers to replace their current sickness insurance policies, or to undertake a COVID-19 coverage. In line with the steerage, “All employees ought to signal the coverage, and the coverage needs to be posted for affirmation.” As well as, companies “should submit” the governor’s steerage, in addition to the CDC steerage to cease the unfold of germs and the CDC steerage on COVID-19 signs on the premises.

Office Security

Q7. Does the steerage tackle use of non-public protecting tools by staff?

A7. Sure. The steerage requires that each one staff are to have or be supplied with their very own devoted face coverings and gloves . . . worn always.” “Face coverings should cowl the nostril and mouth whereas being worn.” Face shields are permissible, however not required. “Worker masks shouldn’t be medical masks (reminiscent of N-95 or surgical masks), which needs to be reserved to be used by well being care employees.”

Q8. Are there any provisions addressing social distancing of staff of coated institutions?

A8. Sure. The steerage states that coated companies ought to do the next:

Restrict the utmost variety of staff in breakrooms.
Stagger shifts for all employees, if potential.
Configure workstations to keep away from staff standing adjoining to 1 one other when potential. If six toes of separation isn’t potential, make use of mitigation efforts, reminiscent of extra frequent cleansing and sanitization of the institution.
Conduct digital enterprise and worker conferences and conferences, if potential.
Notify third-party supply drivers and any suppliers about distancing necessities, and inform them they “must also put on face coverings whereas within the restaurant and when interacting with any prospects on the supply location.”

Q9. Are there any provisions addressing worker coaching?

A9. Sure. The steerage gives that coated institutions ought to practice staff regarding:

frequent handwashing;
utilizing hand sanitizers with a minimum of 60 % alcohol;
refraining from touching their face with their palms;
working towards “respiratory etiquette when coughing or sneezing”; and
forbidding bare-hand contact with ready-to- eat meals.

Q10. Do the steerage tackle every other measures regarding sanitation?

A10. Sure. The steerage recommends the next sanitization measures: discouraging staff from sharing workplace instruments and workplace tools; cleansing registers or point-of-sale tools between use by completely different people; and implementing procedures to extend the frequency with which surfaces positioned behind the home are cleaned.

Pointers Regarding Buyer Conduct and Buyer-Going through Measures

Q11. Does the steerage tackle use of face coverings by prospects?

A11. As we beforehand reported, on April 29, 2020, Governor Bryan issued an govt order establishing a requirement that patrons put on face coverings or masks when getting into a enterprise. In step with this provision, patrons of eating places, bars, and nightclubs are to put on face coverings, besides throughout meals. The steerage additionally states that prospects ought to put on face coverings when getting into restrooms.

Q12. Are there any measures addressing the screening of shoppers?

A12. Sure. The steerage states that the “finest apply” is to conduct temperature checks and by asking screening health-related questions, or at a “minimal,” by asking the next health-related questions:

“Have you ever been in shut contact with a confirmed case of COVID-19?”
“Are you experiencing a cough, shortness of breath or sore throat?”
“Have you ever had a fever within the final 48 hours?”

“Prospects with temperatures above 100.Four º Fahrenheit shouldn’t be permitted on the premises.”

Q13. Does the steerage embrace any provisions relating to occupancy?

A13. Sure. The variety of prospects needs to be restricted to 50 % of seating capability as outlined by enterprise license or the fireplace marshal, or 50 prospects, whichever is much less. Moreover, not more than six patrons needs to be seated at a desk, and tables and barstools needs to be spaced a minimum of six toes aside.

Q14. What different customer-facing modifications ought to coated institutions make?

A14. In line with the steerage, companies ought to mark ready areas and pathways to and from restrooms according to social distancing requirements, and to the extent potential, designate an exit from the ability that’s separate from the doorway. Patrons could also be notified about out there seating by way of textual content messages, intercom, or communication with a chosen member of the social gathering who’s stationed within the ready space to obtain such notifications. As well as, coated institutions are required to make use of disposable dishes, utensils, napkins, and drink containers.

Prospects might deliver their very own beverage containers and utensils. Sanitization measures embrace discontinuing using self-service salad bars, buffets, and self-service stations for condiments or drinks, and shutting any play areas. Measures additionally embrace offering single-use menus or menus enclosed in plastic which might be sanitized after every use, and offering hand sanitizer in foyer areas, at cashier stations, and in loos.

Q15. Could coated institutions provide leisure?

A15. Sure. Nevertheless, the steerage prohibits institutions from participating disc jockeys (DJs) or dwell entertainers after midnight. Reside entertainers needs to be positioned a minimum of 10 toes from patrons.

Penalties of Noncompliance

Q16. Are there any penalties for noncompliance?

A16. Sure. The U.S. Virgin Islands Division of Well being Division of Environmental Well being can tackle noncompliance with the well being tips, utilizing the next steps:

“1st Warning: Written Quotation”
“2nd Violation: Written Quotation with administrative course of for evaluation of an administrative fantastic by means of the Division of Licensing and Shopper Affairs.”
“third Violation: Written Quotation and a Closure for a interval to not exceed 7 calendar days until public well being emergency circumstances warranting Closure continued as a matter of regulation.
“4th Violation: An institution that continues to be non-compliant after exhausting 1, 2, and three, then suspension of the Enterprise License and Well being Allow might happen.”


© 2020, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved.
Nationwide Legislation Evaluate, Quantity X, Quantity 193

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