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Governor Releases Expanded Face Coverings Requirements and Potential Penalties for Non-Compliance for Ohio’s Retail Businesses

On November 13th, 2020, Ohio Governor Mike DeWine released the Director’s Order for Retail and Business Compliance for Facial Coverings throughout the State of Ohio.  The order will go into effect at 12:01 AM on Monday, November 16, 2020 and will continue until the State of Emergency expires or is otherwise rescinded or modified.  The order can be found HERE.  Overall, there are several key provisions for retail businesses, such as dealerships.  While the Order retains many requirements that dealers and other retailers have been following, there are new requirements as well.    A summary of the relevant requirements includes the following:

  • Each business will be REQUIRED to post a Face Covering Requirement sign at each public entrance. The Governor’s office has prepared 4 possible signs that can be found HERE, HERE, HERE, and HERE.
  • Post at all entrances a maximum capacity limit to ensure a minimum of six-feet physical distance can be maintained throughout the location.
  • Ensure that customers and employees are wearing masks. Employees are not required to put themselves in jeopardy or risk harm when enforcing this order.
  • Place hand sanitizer stations at high-contact locations.
  • Require employees to stay home if symptomatic.
  • Disinfect high-touch areas or equipment after each use.
  • Provide reasonable accommodation to any person unable to wear a mask into the store by providing online or telephone ordering and curbside, non-contact pick up or a delivery option and/or allowing a person to wear a full face shield that extends below the chin. Each retailer must post a sign at each entrance detailing these accommodations.
  • Customers are strongly urged to utilize online or telephone ordering and curbside, non-contact pick-up or delivery options.
  • Each business should designate an on-site compliance officer for each business location and each shift during all business hours to enforce these requirements.

To enforce these guidelines, the order establishes a new Retail Compliance Unit, led by the Bureau of Workers Compensation, to inspect retail businesses to ensure retail compliance.   A retail business must also allow representatives of the Ohio Department of Health, a local health department, or law enforcement to inspect public areas during business hours. 

Upon inspection, if a representative finds the retail business in violation of the order, he/she will issue an initial warning to the business.  If the issue is not addressed or continues, a notice of violation will be issued and the retail business must immediately shut down for no longer than 24 hours to allow for dissipation of COVID-19 airborne droplets.

OADA has confirmed with the DeWine administration that this Order does not change the exemptions included in the Mask Order issued on July 23, 2020, which can be found HERE.  That Order included 16 different exemptions to the face mask requirements, the most relevant for dealerships being:

  • The individual is under the age of 10;
  • A medical condition including those with respiratory conditions that restrict breathing, mental health conditions, or disability contraindicates the wearing of a facial covering;
  • The individual is communicating or seeking to communicate with someone who is hearing-impaired or has another disability, where the ability to see the mouth is essential for communication;
  • The individual is alone in an enclosed space, such as an office, or in lieu of an enclosed space, the individual is separated by at least six feet in all directions from all other individuals, and in either case the space is not intended for use or access by the public;
  • Facial coverings are in violation of documented industry standards or business’ documented safety policies; or
  • In an industrial or manufacturing facility, employees are separated by at least six feet in all directions, or by a barrier in a manufacturing line or work area..

As a result of this expanded order, OADA strongly encourages dealers to:

  1. Immediately place all of the required signage at ALL public entrances in preparation for the impending order.
  2. Review and revise the dealership’s masking policies and procedures to ensure they are compliant with the revised Order.
  3. Discuss the revised order with your employees, its impact on the dealership’s masking policies and procedures, and consequences of non-compliance. Inform employees that the dealership’s masking policies and procedures will continue to be enforced and that failure to comply may result in disciplinary action.
  4. Retrain employees on how to deal with customers who do not wish to wear a mask while at your facility. Fisher Phillips has issued guidance on this subject, including a 5-step process for handling these situations which can be found HERE.
  5. Designate at least one employee per location as a compliance officer to ensure that these requirements, including posting of signs, use of masks, and capacity limitations are adhered to.

For more information, see the order HERE or contact OADA legal counsel, Sara Bruce or Matt Chacey.  Sara can be reached at (614) 923-2243 or sbruce@oada.com.  Matt can be reached at (614) 923-2232 or mchacey@oada.com

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