United States: Massachusetts Previews Mandatory Safety Standards For Restaurants And Hotels

Earlier this month, Governor Baker announced that the state would undergo a multi-phased approach to re-opening Massachusetts businesses. During the second phase, subject to guidance and restrictions, hotels and lodging providers will be permitted to resume serving the general public and restaurants will be allowed to reopen their establishments to guests for dine-in service. On May 29, 2020, Massachusetts published previews of mandatory safety standards applicable to hotels and restaurants that re-open during the second phase of the state's reopening plan. This Legal Update outlines the guidance applicable to the restaurant industry and lodging industry. Governor Baker is expected to announce a reopening date for restaurants and hotels on June 6, 2020.

Guidance Applicable to Hotels and Lodging Providers

The guidance provides that hotels and lodging providers may open as part of Phase 2, provided that they comply with specific safety standards. However, ballrooms, meeting rooms, function halls, and all other indoor or outdoor event facilities must remain closed. Hotels are not permitted to host weddings, business events, or other organized gatherings of any kind. On-site restaurants, pools, gyms, spas, golf courses, and other amenities on hotel property may operate only as these categories are otherwise authorized to operate in Massachusetts. In addition, hotels must inform guests at the time a reservation is made and at check-in that Massachusetts urges travelers to self-quarantine for 14 days when arriving from out of state.

Social Distancing

Upon reopening, hotels are required to observe specific social distancing guidelines. Gatherings of 10 or more people during work hours are prohibited. Doors to the hotel through which guests enter must either be propped open, automated, or manually operated by a worker who frequently washes or sanitizes his or her hands. Check-in and common areas must be reconfigured to ensure six feet of separation between guests and workers. Hotels must also establish directional hallways for foot traffic and post signage about such policies to minimize contact between hotel occupants. All guests and workers must wear face coverings while in hallways and common areas.

In addition, work spaces must be redesigned to allow six feet of social distancing, to the extent possible. In the event that six feet of distance cannot be maintained between workstations, there must be physical partitions at least six feet in height between workstations. The guidance also requires that workers avoid greetings that break social distance, provides that employees not open the doors of cars or taxis, and requires that valet parking operations cease unless necessary due to physical constraints or to accommodate disabled individuals.

Hygiene Protocols

Hotels must also implement certain hygiene protocols. Hotels must supply workers with adequate cleaning products, ensure access to handwashing facilities on-site, and allow workers sufficient breaks to frequently wash their hands. They are also required to supply workers with adequate cleaning products, limit the sharing of handheld equipment, and sanitize shared equipment during and after shifts and any time equipment is transferred between workers. Hotels must also post signage reminding guests and workers about hygiene protocols, supply adequate hand sanitizer in public areas throughout the hotel for guests and workers, and discontinue the use of shared food and beverage machines and ice machines that are not hands free.

Staffing and Operations

Hotels opening in Phase 2 must provide up-to-date training to workers on precautions to prevent the spread of COVID-19, including:

• Social distancing, hand-washing, and proper use of face coverings;
• At home self-screening, including temperature or symptom checks;
• Reinforcing that staff may not come to work if sick;
• When to seek medical attention for severe symptoms; and
• Which underlying health conditions make individuals more susceptible to contracting and suffering from a severe case of COVID-19.

In addition, hotels must stagger shifts to minimize employee contact, permit outdoor breaks to the extent possible, stagger employee meal breaks, and regulate the maximum number of employees in one place to ensure six feet of social distancing. The guidance also requires employers to conduct onboarding remotely and pre-shift meetings must be conducted either virtually or in a manner that allows social distancing.

Hotels may not offer buffets or self-service areas with multi-use items, must remove or limit paper amenities in guest rooms, and remove non-essential amenities from public locations, such as guest-facing water or coffee. They also must post notices to workers and customers about health information and relevant safety measures outlined in the Commonwealth's mandatory safety standards.

Lodging providers must maintain a log of workers and guests to enable contact tracing. In the event a hotel is notified of a positive case of COVID-19 at the workplace, the employer must notify the local board of health and cooperate with the board to trace workplace contacts.

Cleaning and Disinfecting

Under the guidance, hotels must adopt cleaning and disinfecting protocols. They must frequently clean and disinfect common areas, clean and sanitize hard surfaces in guest rooms whenever a guest checks out, and launder all linens, bedspreads, and covers before a new guest is admitted to a room. Dirty linens should be transported from guest rooms in single-use, sealed bags, and bagging must be done in guest rooms to minimize excess contact. The guidance recommends that hotels consider leaving rooms vacant for 24 hours between guests to allow for deep cleaning and air exchange. Under the guidance, housekeeping should only service rooms when a guest is not present, except at a guest's specific request. Lodging providers must keep cleaning logs that include the date, time, and scope of cleaning, and frequently disinfect heavy transit areas and high-touch surfaces. If a guest has a presumptive or positive case of COVID-19, the room used by that guest may only be returned to service after undergoing an enhanced sanitization protocol in accordance with CDC guidance.

Guidance Applicable to Restaurants

While the guidance addresses both inside and outside dining, restaurants will only be allowed to provide outdoor table service at the commencement of Phase 2. Restaurants will be authorized at a later date to commence indoor table service if supported by the public health data.

Social Distancing

Restaurants that resume operations during Phase 2 of the reopening plan must implement measures to promote social distancing. Restaurants are encouraged to utilize outdoor table service and limit indoor table service. At a minimum, restaurants must comply with sector-specific guidance, including the following:

• Tables must maintain six feet of distance from other tables and high foot traffic areas. Tables may be positioned closer if separated by protective, non-porous barriers that are at least six feet high;
• Seated parties may not exceed six people;
• Restaurants may not seat customers at the bar, but bar areas may be re-configured to accommodate table seating that complies with all other COVID-19 safety standards;
• Customers must be seated and eat-in service to standing customers is prohibited;
• Restaurants may provide carry-out or delivery service, but safety standards for table separation, party size, and hygiene must be met for seating for carry-out patrons; and
• All other amenities and areas not employed for food or beverage service must remain closed.

Restaurants must also ensure six feet of separation between all individuals, unless doing so would create a safety hazard. To ensure separation, restaurants must close or reconfigure worker common spaces and workspaces to ensure six feet physical distancing. It is unclear from the guidance what this means for kitchen areas where workers often work in close proximity.

Restaurants must also establish one-way directional hallways, prohibit lingering in common areas, and require all customer-facing workers to minimize time spent within six feet of customers. To the extent possible, the guidance requires designating assigned working areas to workers to limit employee contact. Restaurants are required to stagger worker schedules and breaks, regulate the maximum number of employees in one place to ensure six feet of social distancing, minimize the use of confined spaces by multiple people, and mandate that all customers and workers wear face coverings at all times. Customers may remove face coverings while seated at tables.

Hygiene Protocols

The guidance also sets forth hygiene protocols for restaurants. These protocols mandate that restaurants ensure access to handwashing facilities on-site, supply work stations with adequate cleaning products, and require employees to frequently wash their hands. Restaurants are required to post signage throughout the restaurant to remind workers and customers of hygiene protocols.

Condiments and other products may not be pre-set on tables and instead must be provided upon request in single-serve portions. Menus provided to customers must be either (i) disposable, single-use, paper menus, (ii) displayed menus, or (iii) electronic menus viewable on customers' mobile devices. Utensils and place settings must be either single-use or sanitized after each use and tables should not be pre-set to reduce exposure to the virus. Tables and chairs must be cleaned and sanitized between seatings and unattended buffets, drink stations, and other communal serving areas must remain closed.

Staffing and Operations

The guidance requires restaurant employers to make certain adjustments to staffing and operations. Reservations should be encouraged and managers must ensure diners waiting for tables do not congregate. Restaurants may not provide customers with devices to alert them that their table is available, and should instead use no-touch methods to inform customers that their table is ready.

In addition, restaurants must provide workers with training on up-to-date safety information on practices to minimize disease transmission, including:

• Social distancing, hand-washing, and proper use of face coverings;
• Modified practices for serving in order to minimize time spent within 6 feet of customers;
• At home self-screening, including temperature or symptom checks;
• Reinforcing that staff may not come to work if sick;
• When to seek medical attention for severe symptoms; and
• Which underlying health conditions make individuals more susceptible to contracting and suffering from a severe case of COVID-19.

Restaurants must establish adjusted workplace hours and shifts for workers to minimize contact. Restaurants must also limit the number of vendors and visitors permitted on-site.

Employers are required to inform employees that they may not work if they test positive for COVID-19 or come into close contact with someone who has COVID-19. Workers should not report to work if they are feeling sick and restaurants must screen workers before each shift to ensure that they do not have symptoms consistent with COVID-19, have not had close contact with anyone diagnosed with COVID-19, and have not been asked to self-isolate or quarantine. Workers who are sick or feel sick must be sent home and any individuals showing signs of illness may be denied entry.

Under the new guidance, if a restaurant employer is notified of a positive case at the workplace, the employer should notify the local board of health and work with the board to trace contacts. Restaurants must post notices to workers and customers about relevant safety measures provided by the Commonwealth and designate an employee in charge of each shift to oversee implementation of the new guidelines.

Cleaning and Disinfecting

The guidance also provides restaurants with certain guidelines for cleaning and disinfecting. Restaurant employers must frequently clean and disinfect commonly touched surfaces, heavy transit areas, and high touch surfaces. Restaurants must maintain cleaning logs that include the date, time, and scope of the cleaning. Restaurant employers must also implement procedures to increase back-of-the-house cleaning and disinfecting procedures while ensuring that food contact surfaces are only cleaned with sanitizers approved for food contact surfaces. In the event of a presumptive or actual COVID-19 case of a worker, vendor, or patron, the restaurant must close for 24 hours and must be cleaned and disinfected in accordance with CDC guidelines.

We will continue to keep you apprised of any significant developments with respect to the Commonwealth's reopening process.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.