New York City enters phase three with personal care businesses and outdoor dining

Governor Andrew M. Cuomo announced that New York City will enter Phase Three of reopening on July 6, but that indoor dining will not reopen.

“New York City is a crowded, dense urban area and — until recently — was the global epicenter of the COVID-19 crisis,” Governor Cuomo said. “Out of an abundance of caution and after seeing other states’ experiences with indoor dining, we will wait to reopen it as the city moves to Phase Three.”

Businesses allowed to open in New York City during Phase Three of reopening are:

Restaurants / Food Services
Personal Care

1- Food Services Guidelines for Employers and Employees

These guidelines apply to all restaurants and food services establishments, including food trucks and other food concessions. In regions that have reached Phase 3.

During the COVID-19 public health emergency, all operators of food service sites should stay up to date with any changes to state and federal requirements related to such establishments and incorporate those changes into their operations. This guidance is not intended to replace any existing applicable local, state, and federal laws, regulations, and standards.

Physical Distancing

Limit outdoor capacity to the number of tables that can be safely and appropriately arranged, such that each table is a minimum of 6 ft. away from another.
All outdoor tables with seating for customers must be separated by a minimum of 6 ft. in all directions. Wherever distancing is not feasible between tables, physical barriers must be enacted between such tables. Barriers must be at least 5 ft. in height and not block emergency and/or fire exits.
Regardless of physical distance, employees must wear an acceptable face covering at all times.
Patrons must wear face coverings at all times, except while seated; provided that the patron is over the age of 2 and able to medically tolerate such covering.
Individuals seated at the same table must be members of the same party (but may be from different households), with a maximum of 10 people per table. Seating in bar areas and communal tables are only permitted if at least 6 ft. can be maintained between parties.
Clearly signal 6 ft. spacing in any lines for customers waiting to order, pick-up food, be seated, or use the restroom, as well as in any pick-up or payment location.
Designate entrances/exits for customers and separate entrances/exits for employees, where possible.
Limit in-person employee gatherings (e.g. staff meetings) to the greatest extent possible.
Establish designated areas for vendor pickups and/or deliveries, limiting contact to the extent possible.

Protective Equipment

Provide workers with an acceptable face covering at no- cost to the employee and have an adequate supply of coverings in case of need for replacement.
Acceptable face coverings include but are not limited to cloth (e.g. homemade sewn, quick cut, bandana), surgical masks, and face shields.
Ensure all staff wear face coverings at all times and that they practice hand hygiene and use bare hand barriers consistent with state and local sanitary codes.
- If employees wear gloves during non-food preparation activities, ensure they replace gloves frequently, and encourage them to change gloves when switching tasks (e.g. serving customers to pre- rolling silverware).
- If employees do not wear gloves, ensure they frequently wash their hands with soap/water.
Clean, replace, and prohibit sharing of face coverings. Consult the CDC guidance for additional information on cloth face coverings and other types of personal protective equipment (PPE), as well as instructions on use and cleaning.
Train employees on how to don, doff, clean (as applicable), and discard PPE .
Limit the sharing of objects (e.g. kitchen tools, pens, pads), as well as the touching of shared surfaces (e.g. doorknobs, keypads, touch screens); or, require workers to wear gloves when in contact with shared objects or frequently touched surfaces; or, require workers to perform hand hygiene before and after contact.
Ensure that employees who are bussing tables wash their hands with soap/water and, if they wear gloves, replace the gloves before and after cleaning and disinfecting tables.

Hygiene, Cleaning, and Disinfection

Adhere to hygiene, cleaning, and disinfection requirements from the Centers for Disease Control and Prevention (CDC) and Department of Health (DOH) and maintain logs that document date, time, and scope of cleaning.
Provide and maintain hand hygiene stations including handwashing with soap, running warm water, and disposable paper towels, as well as an alcohol-based hand sanitizer containing 60% or more alcohol for areas where handwashing is not available or practical.
Provide and encourage employees to use cleaning and disinfection supplies for shared surfaces for use before and after use of these surfaces, followed by hand hygiene.
Regularly clean and disinfect the establishment and more frequently clean and disinfect high risk areas used by many individuals and for frequently touched surfaces (e.g. restrooms). Cleaning and disinfection must be rigorous and ongoing and should occur at least after each shift, daily, or more frequently if needed.
Ensure that equipment is regularly cleaned and disinfected using registered disinfectants, including at least as often as employees change workstations. Refer Department of Environmental Conservation (DEC) products identified by the Environmental Protection Agency (EPA) as effective against COVID-19.
Before returning to work, complete pre-return checks and assessments of kitchen systems to ensure a healthy and safe environment.
Minimize sharing of kitchen equipment between staff (e.g. knives, pots, rags/towels), where possible.
Do not provide customers with devices (e.g. buzzers) to provide alerts to customers that seating or an order is available, unless such devices are thoroughly cleaned and disinfected between each use.
Provide cleaning and disinfection of exposed areas in the event of an individual is confirmed to have COVID- 19, with such cleaning and disinfection to include, at a minimum, all heavy transit areas and high-touch surfaces .
For take-out/delivery:
- Provide hand hygiene stations for customers waiting for food and/or drinks.
- Ensure staff wash hands with soap/water or use hand sanitizer; if staff use gloves, regularly replace them.
- If pick-up/delivery is indoors, ensure windows/doors are opened to allow for ventilation.
Ensure all condiments provided directly to customers are in single-use disposable containers or reusable containers that are regularly cleaned/disinfected.
If non-disposable menus are used, clean and disinfect the menus between each party’s use.
Use pre-packaged silverware or pre-rolled silverware. Silverware must be pre-rolled while wearing masks and gloves.

Communication

Affirm you have reviewed and understand the state- issued industry guidelines, and that you will implement them.
Post signage to remind employees and patrons to adhere to proper hygiene, social distancing rules, appropriate use of PPE, and cleaning and disinfection protocols.
Immediately notify the state and local health department if a worker was in close contact with others and tests positive for COVID-19.
Cooperate with contact tracing efforts, including notification of potential contacts in the workplace, while maintaining confidentiality required by state and federal law and regulations.
Conspicuously post completed safety plans on site.

Screening

Implement mandatory daily health screening practices (e.g. questionnaire, temperature check) of their employees and, where practicable, vendors, but such screening shall not be mandated for customers and delivery personnel.
At a minimum, screening must determine whether the employee or vendor has had: 1) COVID-19 symptoms in past 14 days, (2) positive COVID-19 test in past 14 days, and/or (3) close contact with confirmed or suspected COVID-19 case in past 14 days.
Designate a point-of-contact as the party for individuals to inform if they later are experiencing COVID-19- related symptoms, as noted in the questionnaire.

2- Personal Care Services Guidelines for Employers and Employees

These guidelines apply to personal care businesses in regions of New York that have been permitted to reopen. This guidance applies to non-hair-related personal care businesses and services, including tattoo and piercing facilities, appearance enhancement practitioners, massage therapy, spas, cosmetology, nail specialty, UV and non-UV tanning, or waxing. This guidance does not apply to any hair-related personal care services (e.g. haircutting, coloring, or styling), which are addressed in “Interim COVID-19 Guidance for Hair Salons and Barbershops”.

During the COVID-19 public health emergency, all personal care businesses should stay up to date with any changes to state and federal requirements related to personal care businesses and services and incorporate those changes into their operations. This guidance is not intended to replace any existing applicable local, state, and federal laws, regulations, and standards.

Workplace Activity

Personal care services that require customers to remove face coverings (e.g. lip/nose piercings, face massage, facials, lip/nose waxing) are prohibited.
Tattoo and piercing facilities must ensure that:
- Staff remove needles from sealed packages before every customer procedure. Any stencils or razors must also be clean and unused, and discarded immediately after use.
- Standard DOH, OSHA & CDC guidelines for health and safety are followed.
Salons offering services including nail specialty, and waxing must ensure that:
- Manicure and pedicure baths and bowls are appropriately disinfected between each use. They must be thoroughly cleaned and disinfected with EPA-approved solution.
- Hand/foot drying tables are appropriately cleaned and disinfected after each customer.
- All wax containers are replaced or cleaned and disinfected between each customer, and no double dipping of applicators.
- Each new customer receives all new or cleaned and disinfected implements such as towels, finger bowls, spatulas.
- OSHA recommendations for health and safety in salons as well as the hygiene and sanitation requirements of Article 27 of the General Business Law, 19 NYCRR 160.19, 160.20, 160.21, 160.22 and 160.24 are followed.

Facilities offering massage therapy and spa services must:

Provide accommodations for clean and disinfected face coverings during massage in prone position (e.g. cotton pillowcase draped in face cradle) or avoid such positions altogether. Employees may perform massages on customers in prone positions if the employee is equipped with both a face covering and face shield or eye protection. Ensure that customers have face covering when switching from prone to side or supine position.
Ensure that all linens are changed between clients and laundered appropriately and that they are stored in appropriate containers between use.
Close saunas, steam rooms, or any other services that take place in enclosed spaces where it is inherently difficult to maintain social distancing and/or unsafe to wear an appropriate face covering.
Clean and disinfect all tanning beds and booths between each use.

Abide by any DOH guidance governing dining/beverage service areas.

Protective Equipment

Customers must only be permitted entry into the facility if they wear an acceptable face covering, provided that the customer is over the age of 2 and able to medically tolerate such a covering.
Provide employees with an acceptable face covering and protective equipment at no-cost to the employee and have an adequate supply of coverings in case of need for replacement.
Employees must wear a face covering that completely covers the nose and mouth and a face shield or safety goggles when providing service directly to customers.
Acceptable face coverings include but are not limited to cloth (e.g. homemade sewn, quick cut, bandana), surgical masks, N95 respirators, and face shields.
Employees must wear face coverings any time they interact with customers, even if they are 6 ft. or more apart.
Tattoo and piercing facilities must ensure that all employees wear a surgical mask that completely covers the nose and mouth, eye protection (goggles and/or face shield), and disposable gloves when providing service directly to/on customers.
Face coverings must be cleaned and disinfected or replaced after use or when damaged or soiled, may not be shared, and should be properly stored or discarded.
Limit the sharing of objects (e.g. tattoo machines, oils, lubricants, brushes, nail files, clippers) and discourage touching of shared surfaces; or, require workers to wear gloves (trade-appropriate or medical) when in contact with such objects/surfaces; or, require workers to perform hand hygiene before and after contact.
Train staff on appropriate PPE donning and doffing procedures. Refer to CDC guidance.

Hygiene, Cleaning, and Disinfection

Adhere to hygiene, cleaning, and disinfection requirements from the Centers for Disease Control and Prevention (CDC) and Department of Health (DOH) and maintain logs on site that document date, time, and scope of cleaning and disinfection.
Provide and maintain hand hygiene stations, including handwashing with soap, water, and paper towels, as well as alcohol-based hand sanitizer with 60% or more alcohol for areas where handwashing is not feasible.
Place hand sanitizer throughout the personal care facility for use by employees and customers.
Ensure that employees wash hands for 20 seconds with soap and water or use an alcohol-based hand sanitizer before and after providing services to each customer.
Provide and encourage employees to use cleaning and disinfection supplies before and after use of shared and frequently touched surfaces, followed by hand hygiene.
Conduct regular cleaning and disinfection at least after every shift, daily, or more frequently as needed, and more frequent cleaning /disinfection of shared objects and high-risk areas.
Ensure that workstations (e.g. chairs, headrests, work surfaces, massage tables) and reusable tools are cleaned and disinfected between each customer.
Require that all non-disposable implements (e.g. piercing guns, forceps/clamps, metal implements) are appropriately cleaned and disinfected after each use.
For cleaning and disinfection, refer to Department of Environmental Conservation (DEC) products identified by the Environmental Protection Agency (EPA) as effective against COVID-19. Tanning facilities may refer to DOH guidelines when choosing appropriate disinfectants.
Leave time between appointments for full workstation cleaning and disinfection.
Provide for the cleaning and disinfection of exposed areas in the event of a positive case of COVID-19, including all heavy transit areas and high-touch surfaces. Follow CDC guidelines on cleaning your facility after a suspected or confirmed case.
Communication
Affirm you have reviewed and understand the state- issued industry guidelines, and that you will implement them.
Post signage inside and outside of the facility to remind personnel and customers to adhere to proper hygiene, social distancing rules, appropriate use of PPE, and cleaning and disinfecting protocols.
Conspicuously post completed safety plans on site.

Screening

Employees shall be tested for COVID-19 through a diagnostic test every 14 days, so long as the region in which the personal care workplace is located remains in Phase III of the State’s reopening.
Implement mandatory health screening assessment (e.g. questionnaire, temperature check) for employees and, where practicable, vendors, but such screenings shall not be mandated for customers and delivery personnel.
At a minimum, screening must determine whether the worker or vendor has had: (1) COVID-19 symptoms in past 14 days, (2) positive COVID-19 test in past 14 days, and/or (3) close contact with confirmed or suspected COVID-19 case in past 14 days. Assessment responses must be reviewed and such review must be documented.
Designate a site safety monitor whose responsibilities include continuous compliance with all aspects of the site safety plan.