Reopening Minnesota Phase III
Minnesota has entered Phase III of a four-phase plan to reopen the state, issuing Executive Order 20-74 on June 5, 2020. This order allows Minnesotans to participate in additional activities, increases the size of permissible gatherings, expands capacity and allows indoor service for bars and restaurants, and more. To view all the new permitted activities, you can refer to the order (Executive Order 20-74) or the Stay Safe Minnesota website (Stay Safe MN) chart. With the extension of the peacetime emergency on June 12, 2020, the requirements within Governor Walz’s Executive Orders for Minnesotans, including businesses and residents, will remain in effect until July 12, 2020, with possible modifications by further order. Bernick Lifson has seen the most questions related to reopening plans with businesses reopening their doors to employees and customers and multi-housing properties.
If your company is considered a non-critical business, this order will not impact how you operate under a preparedness plan. As mentioned above, restaurants, bars, and personal service businesses are now allowed increased capacity. Additionally, fitness centers, indoor events and entertainment centers, outdoor events and entertainment centers, and public pools can reopen under the requirements specified in Executive Order 20-74.
As for critical businesses, including multi-housing properties, specific guidelines were never provided for employee and resident safety beyond following the Minnesota Department of Health (MDH) and Centers for Disease Control and Prevention (CDC) guidelines. However, this is changing with Executive Order 20-74. Critical businesses will now be required to prepare a COVID-19 preparedness plan by June 29, 2020, with industry guidance being provided on the Stay Safe Minnesota website on or before June 15, 2020 (Stay Safe MN). While these plans will likely be similar to what is required for non-critical businesses, it is essential to review the additional guidance, once received, and include it within your plan.
In creating your COVID-19 Preparedness Plan, whether a critical or non-critical business, be sure to refer to the Occupational Safety and Health Administration (OSHA) guidance on preparing workplaces for COVID-19 (OSHA guidance publication). This will allow your business to protect employees from the increased risk of contracting COVID-19 and limit safety concerns for employees. Multi-family property employees will most often be considered lower risk for exposure, and safety protocols should be put in place under OSHA’s guidelines within that category. OSHA guidance should not be used to replace the CDC and MDH but rather to supplement the procedures recommended by both these organizations.
Many amenities such as party rooms, decks, business centers, and coffee stations for multi-housing properties could be reopened under the previous phase of the Stay Safe Minnesota plan, Phase II. This required capacity limits of 10 or fewer people within each amenity, operating under the guidance of the MDH and CDC. While fitness centers and pools within multi-housing properties could be reopened under Phase II (when only for use by residents and guests), it was logistically challenging to ensure social distancing, maintain cleanliness and meet capacity limits under MDH and CDC requirements. However, now that capacity has been increased, and additional guidance has been provided under Phase III of the Minnesota reopening plan, it is far more feasible to reopen these amenities.
Minnesota Executive Orders do not require private pools and fitness centers within multi-housing properties to follow all the requirements of public facilities. Though many requirements are consistent with the MDH and CDC guidelines, it is advisable to follow the guidelines relevant to your property. This would include capacity limits of 10 people for indoor spaces and 25 people for outdoor spaces, 6 feet of social distancing, and 50 percent capacity within the pool. Fitness centers would include a capacity limit of 10 people or 25 percent of allowed capacity within the space, whichever is less, and 6 feet of social distancing. As with all other amenities, MDH and CDC guidelines should be followed, including hygiene and cleaning of those sites, and posting guidelines for use by residents and their guests is recommended.
We can assist you and your multi-housing properties with preparedness plans, plans for reopening amenities, guidelines for residents and guests to follow, and any other needs you have related to meeting the requirements of Executive Order 20-74 and all other relevant orders. Contact Bernick Lifson today for additional information on the above orders and specific questions related to your businesses and properties.