Official Return to Work State Guidelines for Foodservice Establishments Updated on 4/6/21 with updates for California, Florida, Maine, Oklahoma, and Pennsylvania. • California: On 4/2, the Los Angeles County Public Health Department announced that it issued a revised County Health Officer Order to reflect newly permitted activities in the Orange tier, effective Monday, 4/5. The changes are highlighted in yellow on the Order, and include that restaurants can increase capacity for indoor dining to 50% capacity or 200 people, whichever is less with continued safety modifications. • Florida: On April 5, Miami-Dade County Mayor Levine Cava issued Emergency Order 33-20, which cancels a series of prior orders. As summarized here, among other things, the order states a minimum occupancy of 50 percent for restaurants and other food establishments, and that these establishments shall be allowed to operate at up to 100 percent if the establishment ensures 6 feet of distance between tables and ensures that persons not actively eating or drinking are wearing facial coverings. • Maine: On 4/2, the City of Portland announced that its outdoor dining and retail program will begin Monday, 4/5 with the closure of several downtown streets. The program allows retailers and restaurants to apply to expand into public spaces, including closed streets, parklets, the public right-of-way, and parks. The program covers the entire City and not just the downtown area. • Oklahoma: On March 31, Norman Mayor Clark signed a proclamation extending the local state of emergency, restricting restaurant and bar capacity to 75%, and similarly limiting indoor gatherings and sporting events to 75% of event space. The order took effect on April 1. More information on the city’s response, including the separate face covering mandate, can be found here. • Pennsylvania: On 4/1, Governor Wolf issued Amended Order for Mitigation, Enforcement, and Immunity Protections, which, among other things, allows restaurants to increase indoor dining capacity to 75%. Bar service will also be permitted, patrons will no longer have to purchase food to buy alcohol to consume on premises, and the 11pm curfew on alcohol sales will be lifted. The amended order goes into effect on 4/4. Official Return to Work Guidelines for Foodservice Establishments is also available online or you may contact Angelo I. Amador, Executive Director of the Restaurant Law Center, at 202-492-5037 or via e-mail at [email protected] with questions or to request a copy of the latest version. Special thanks to Michael J. Lotito and Walt Mullon from Littler’s Workplace Policy Institute for their assistance in drafting this document. In addition, the ServSafe Compliance team has created this document on State Reopening Training & Certification Requirements/Recommendations. This document is updated regularly and covers all training and certification requirements for restaurants by state as each enters new reopening phases—outlined below. It also covers any state food protection manager and food handler certificate expiration extensions and required recertification deadlines. Finally, on the issue of vaccines, restaurants should encourage all employees to get the COVID-19 vaccine when it becomes available. Meanwhile, the Restaurant Law Center has published Restaurant Guidance on Legal Issues to Consider Regarding COVID-19 Mandatory Vaccine Policies and is making available a Restaurant Industry State Vaccine Tracker, which is also being regularly updated by the ServSafe Compliance team. Federal Guidelines Jurisdiction United States Official • Opening Up America Again Guidelines Guidelines • CDC Considerations for Restaurants and Bars • Limiting Workplace Violence Associated with COVID-19 Prevention Policies in Retail and Services Businesses • EEOC FAQ - What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws • OSHA COVID-19 Guidance for Restaurants Resuming Dine-In Service State Indoor Dining Occupancy Map Note: The percentages shown represent the maximum allowable indoor dining occupancy in a particular state. However, there are many other state restrictions, such as number of patrons allowed, mandatory table distancing, and others, plus city and county limitations, which need to be taken into account. Please refer to the details below for complete and accurate information for your state. State Guidelines State Alabama Official Orders • Reopening Alabama Guidance and Guidance • Alabama Department of Health Guidelines • Alabama Restaurant & Hospitality Association Reopening Guidelines Dine-In • Permitted, with restrictions Employee PPE • Each employee shall wear a mask or other facial covering that covers his or her nostrils and mouth at all times while in regular interaction with patrons or guests Employee Health • Plan calls for monitoring the health of employees and sending home any employee who displays symptoms Checks • All employees are required to report any fever or illness to supervisor Customer Health • N/A Checks / PPE Sanitation • Hand washing required; no provisions regarding frequency or breaks • High customer contact areas (e.g. door entrances) will be cleaned every two hours • Drink refills shall be in clean/unused glass/cups • Menus, if laminated, should be cleaned after each usage or paper menus shall be designed for single use and disposed of • Use single-use items as much as possible, such as packets of ketchup or salt • Have hand sanitizer and sanitizing products readily available for employees and guests • Create a plan for and checklist of all surfaces your staff and guests will come in contact with o Train your staff on these surfaces and prepare procedures for elevated cleaning and sanitizing of these surfaces • Dedicate staff members on each shift to sanitizing surfaces in dining areas and restrooms Distancing and • Tables must be distanced 6 feet apart Occupancy • Staff will limit the number of customers in the restaurant to those that can be adequately distanced 6 feet apart Restrictions • Adhere to social distancing guidelines in bar areas • Avoid gathering of guests at entrances and exits and designate appropriate social distancing spacing • Designate with signage, tape, or by other means appropriate social distancing spacing for employees and customers o Spacing should be illustrated, as much as possible, in a waiting area, kitchen, back of the house, laundry, and prep area • Any indoor or outdoor waiting area must be marked so that social distancing standards are met o One member of a party may be allowed in waiting area while other members of their party wait in their car Changes to • Where practicable, use physical barriers such as partitions or plexiglass at registers. Payment Systems Other • All ABC licensees are required to cease the service and/or sale of alcoholic beverages for on-premises consumption between the Operational hours of 11 p.m. and 6 a.m. with on-premise consumption to end at 11:30 p.m., effective 8/1/20 for 120 days Guidelines • Businesses open to the public should post a sign at the entrance stating that individuals who have a fever, cough or any sign of sickness should not enter, and should also post a description of their sanitation and social distancing measures • Condiments are not to be left on tables; provided by request and sanitized after usage or disposable packets should be used • Employees are encouraged to take ServSafe Food Handler class to learn more about food safety as it relates to COVID-19 Local Exceptions • N/A State Alaska Official Orders • Alaska Cabaret, Hotel, Restaurant, and Retailers Association Reopening Guidance and Guidance Dine-In • Permitted Employee PPE • N/A Employee Health • Consider pre-shift screening of staff for symptoms (while protecting staff privacy) Checks • Encourage sick staff to stay home and provide a sick leave policy that is flexible and non-punitive, as well as telework policies where possible • Establish an action plan in the event that someone becomes sick – this should include contact tracing and notifications, notification of authorities, and closing and properly disinfecting affected areas Customer Health • N/A Checks / PPE Sanitation • Promote social distancing and healthy hygiene practices, such as handwashing and cloth face coverings; examples include: o Use touch-free methods of communication, such as replacing “buzzers” with text notifications of table availability and allowing dine-in customers to order ahead o Avoid any self-serve food or drink options such as buffets, salad bars, and drink stations • Maintain high standards for cleaning, disinfection, and ventilation; important actions include: o Cleaning and disinfecting frequently touched surfaces at least daily, and shared objects between use o Use products that met EPA’s criteria for use against SARS-CoV-2 o Avoid sharing items as much as possible – use disposable or digital menus, single serving condiments, touchless payment methods, and disposable food service items o Sanitize pens between use o Ensure that ventilation systems operate property and where possible, increase circulation of outdoor air Distancing and • Provide drive-through, delivery, or curbside pick-up options, and provide outdoor seating as much as possible Occupancy • Provide physical guides to ensure that customers remain six feet apart, and physical barriers where maintaining distance is difficult Restrictions (such as sneeze guards and partitions at host stands) Changes to • N/A Payment Systems Other • Implement a comprehensive and operations