On Tuesday, April 7, 2020, Governor Lamont issued Executive Order 7V, ordering Connecticut employers to take “additional protective measures to reduce the risk” of COVID-19 transmission. The Department of Economic and Community Development supplemented the Executive Order with its “Safe Workplace Rules for Essential Employers,” i.e., specific, “legally binding statewide rules prescribing such additional protective measures.”

The DECD rules largely codify familiar guidance issued through Governor Lamont’s executive orders, the CDC, and OSHA. For example:

  • Sick employees must stay home, including employees with a temperature above 100.4 degrees Fahrenheit.
  • Employers should make hand sanitizer available to employees who do not have ready access to soap and water.
  • Employers should encourage good hygiene.
  • Employers should develop social distancing policies.
  • Eliminate in-person meetings.
  • Where possible, close or restrict break rooms and cafeterias.
  • Eliminate non-essential travel.
  • Prohibit non-essential visitors.

The DECD rules also address construction site specific practices, such as:

  • Clean portable bathrooms no less than every 2 days.
  • Provide an adequate supply of personal protective equipment (PPE).
  • Maximize outdoors work.
  • Shift work to limit crew size on jobsite, especially indoors.
  • Rotate lunch and coffee break shifts to maximize social distancing.
  • Require employees to travel separately to, from, and within worksites.

Finally, the DECD reiterates its Essential Safe Store Rules, effective as of April 3, 2020. The Safe Store Rules address occupancy caps, store layout guidelines meant to maximize social distancing, and managing customer flow.

While many of the DECD’s rules seem familiar and intuitive, they are now “legally binding” and non-compliance could subject employers to penalties. Governor Lamont recently remarked that the Connecticut Department of Labor will enforce the DECD rules through site inspections to assess compliance. These inspections will generally target large employers, but Governor Lamont urged employees of smaller employers to report non-compliance.

We urge Connecticut employers to review the DECD’s rules, including the Safe Stores Rules, and develop and implement compliant policies and procedures as applicable. If you need assistance or have any questions, Murtha’s employment law group is available to help.

Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of Salvatore G. Gangemi Salvatore G. Gangemi

Salvatore G. Gangemi is a Partner in the Litigation Department of Murtha Cullina and a member of the Labor and Employment Practice Group. He advises clients with respect to state, federal and local employment laws. In addition, he litigates matters involving misappropriation of…

Salvatore G. Gangemi is a Partner in the Litigation Department of Murtha Cullina and a member of the Labor and Employment Practice Group. He advises clients with respect to state, federal and local employment laws. In addition, he litigates matters involving misappropriation of trade secrets, restrictive covenants, breach of employment contract, fiduciary duty, and other work-related common law claims. Sal also counsels clients on day-to-day issues involving workplace management and administration, including requests for reasonable accommodation for disabilities, for family and medical leave, and wage and hour issues.  He conducts employment law training on a variety of topics, including sexual harassment prevention and wage/ hour compliance.  He also drafts employment policies and agreements, and assists clients in auditing worker classification practices and policies both in the context of the Fair Labor Standards Act and state laws governing independent contractor determinations.

Photo of Patricia E. Reilly Patricia E. Reilly

Patricia E. Reilly, Chair of the Labor and Employment Practice Group, is an experienced litigator who represents clients in a wide range of cases including, employment discrimination and related torts, non-compete and restrictive covenants, wage and hour, breach of contract, unfair trade practices…

Patricia E. Reilly, Chair of the Labor and Employment Practice Group, is an experienced litigator who represents clients in a wide range of cases including, employment discrimination and related torts, non-compete and restrictive covenants, wage and hour, breach of contract, unfair trade practices, and business disputes. In addition to maintaining a thriving litigation practice, Tricia counsels clients on a variety of employment-related issues including hiring, firing, and discipline; wage and hour; state and federal FMLA; sexual harassment investigations and prevention; Title IX; pregnancy and disability accommodation; and avoidance of employment discrimination liability.

Tricia is listed as a leading Labor and Employment Lawyer in Chambers USA.  She is listed in Best Lawyers in America®, and in 2017, Best Lawyers in America® recognized her as “Lawyer of the Year”, New Haven, Litigation – Labor and Employment. Tricia is a member of the American Bar Association, the Connecticut Bar Association and the New Haven County Bar Association.  She received her B.A. from Wesleyan University and her J.D. from University of California, Berkeley School of Law.