Illinois Department of Commerce Releases Phase 3 Guidelines for Reopening

Illinois Department of Commerce released guidelines for reopening ten (10) types of businesses on Sunday, May 24, 2020. Separate guidelines were issued for Manufacturing, Health and Fitness Centers, Offices, Personal Care Services, Retail, Outdoor Recreation, Service Counters, Day Camps, You Sports, and Restaurants and Bars. We will examine the guidelines for Manufacturing and Offices.

The Manufacturing Guidelines Are Broken Up into Seven (7) Component Parts

The manufacturing guidelines are subdivided into General Health, HR and Travel Policies, Health Monitoring, Physical Workplace, Disinfecting/Cleaning Procedures, Staffing and Attendance, and External Interactions. Most of the guidelines contain recommendations that our manufacturing clients are already implementing. However, based on the questions we have been fielding for the past ten (10) weeks, these specific guidelines are significant and worth repeating:

• General Health: Number 2 – Employees should wear face coverings over their nose and mouth when within 6-ft. of others (cloth masks preferred).
• HR and Travel Policies: Number 1 – All employees should complete health and safety training related to COVID-19 when initially returning to work.
• Health Monitoring: Number 1- Temperature checks should be made available to employees and their use should be encouraged.
• Health Monitoring: Number 2- Employers should conduct in-person screening of employees upon entry into workplace and mid-shift screening to verify no presence of COVID-19 symptoms.
• Health Monitoring: Number 4- CDC cleaning and disinfecting should be performed as soon after there is a confirmation of a positive test as possible. Expensive, deep-cleaning services provided by certain vendors is not required. 
• Physical Workspace: Numbers 3 & 4 – Water fountains, except touchless water fountains, should be shut off. Vending machines may continue to be used if they are sanitized after each use. Employers should put disinfectant wipes and hand sanitizer next to vending machines.
• Staffing and Attendance: Number 2 – Limit the occupancy of common areas/break rooms to allow for social distancing of 6 ft. or greater by removing furniture or staggering break times.
• External Interactions: Numbers 2 & 3 – Manufacturers should keep a log of all external suppliers and any visitors who enter the premises and these visitors should be wearing face coverings.

The Office Guidelines Are Similar to the Manufacturing Guidelines

The office guidelines apply to offices that conduct operations from within non-customer-facing office spaces. Again, most of the guidelines contain recommendations that our clients are already implementing. However, the following guidelines are noteworthy:

• General Health: Number 2 – Employees should wear face coverings over their nose and mouth when within 6-ft. of others (cloth masks preferred).
• HR and Travel Policies: Number 1 – All employees should complete health and safety training related to COVID-19 when initially returning to work.
• Health Monitoring: Number 1- Temperature checks should be made available to employees and their use should be encouraged.
• Health Monitoring: Number 4- CDC cleaning and disinfecting should be performed as soon after there is a confirmation of a positive test as possible. Expensive, deep-cleaning services provided by certain vendors is not required. 
• Physical Workspace: Number 1 – Landlords should display signage, visual markers, limit elevator capacity, and provide hand sanitizer at building entrances.
• Physical Workspace: Number 2 – Tenants should display signage, allow for 6-ft spacing between occupied, workstations OR if not practical, install an impermeable barrier between workstations.
• Staffing and Attendance: Maximum occupancy of 50% of office capacity.
• External Interactions: Numbers 2 & 3 – Offices should keep a log of all external suppliers and any visitors who enter the premises and these visitors should be wearing face coverings.

Employer Takeaways

The May 24th guidance for employers in Illinois is comprehensive and detailed. They will be used in litigation as a minimum standard of care COVID-19 illnesses or deaths are at issue. Employers should do their best to comply with all aspects of the guidelines and they should document and take pictures of their workplace on or before June 1 that demonstrate their compliance.