18 PA Counties Are Going Green...But What Does that Mean?

On May 27, 2020, Governor Wolf issued an Order moving 18 counties to the Green Phase. As of May 29, 2020 at 12:01 am, the following counties will be in the Green Phase:

  • Bradford

  • Cameron

  • Centre

  • Clarion

  • Clearfield

  • Crawford

  • Elk

  • Forest

  • Jefferson

  • Lawrence

  • McKean

  • Montour

  • Potter

  • Snyder

  • Sullivan

  • Tioga

  • Venango

  • Warren

The Order issued by Governor Wolf outlines what exactly it means to be in the Green Phase. This Order is enlightening for employers who are currently in the Red Phase or the Yellow Phase, as it sheds light on what is to come. This blog focuses on the parameters for businesses and companies, and does not focus on the terms relating to religion, and visitation in prisons/hospitals.

#1: All Businesses That Were Closed Or Working Remotely May Conduct In-Person Business

The Order is clear on this: Businesses that were closed yellow phase, may conduct in-person business in the the green phase. So, everyone is allowed to re-open in the Green Phase. However, but what it means to “open” varies for different types of businesses. Green does not necessarily mean “Go!”

First, it is important to note that all businesses must adhere to the Secretary of Health Orders, and State Orders issued by the Secretary of Health. (See my previous blog outlining the DOH Order for businesses.) Even more, the Order is explicit: Teleworking remains strongly encouraged. Businesses are also strongly encouraged to stagger the return of employees to in-person operations.

Second, for businesses not serving the public- the businesses that are not retail, grocers etc.- they must adhere to the requirements of the April 15, 2020 Order from the Commonwealth.

#2: Businesses Serving the Public

The Order specifies different requirements for businesses serving the public that (1) were able to conduct in-person operations during the Red and Yellow Phase, and (2) were not able to conduct in-person operations during the Red and Yellow Phase.

A. Businesses Serving the Public That Were Permitted to Operate Remotely or In-Person

Remember, the businesses allowed to operate in the Yellow Phase are: Life Sustaining Businesses , Construction Industry, Vehicle dealerships, and real estate. So, for the Businesses that were serving the public and allowed to operate in the Yellow Phase, the following is required:

  • The business must continue to enforce social distancing requirements, and abide by the April 15 Order from the Secretary of Health; however, Section B(1) of the Order is amended for these businesses so that they may operate at up to 75% of the maximum capacity as stated on the applicable certificate of occupancy.

    • ALERT: Again, the above only applies to businesses serving the public. Companies that are not serving the public must still operate at 50% maximum capacity.)

B. Businesses Serving the Public That Were Not Permitted to Operate in the Yellow

The following businesses were not permitted to conduct in-person business in the Red or Yellow Phase:

  • Indoor Recreation

  • Health and Wellness Facilities

  • Personal Care Services

  • Gyms

  • Spas

  • Hair Salons

  • Nail Salons

  • Massage Therapy Providers

  • Entertainment

  • Casinos

  • Theaters

In the Green Phase, the above listed types of businesses may operate in accordance with the April 15, 2020 Order from Secretary Levine. These businesses may operate at up to 50% jof the maximum capacity stated on the applicable certificate of occupancy at any given time.

#3 Dine-In Facilities

Restaurants in the Green Phase must operate in accordance with the Administrative Guidance for Businesses in the Restaurant Industry Permitted to Operate During COVID-19 Disaster Emergency.

ALERT: The Governor snuck in a paragraph that allows for outdoor dining to commence on May 29, 2020, as long as the restaurants abide by the Guidance referenced above. Thus no matter what Phase your restaurant is in, you may have outdoor dining.

#4: Hair Salons and Barbershops

Hair Salons and Barbershops must abide by the terms outlined in #2(B) and operate by appointment-only.

#5: Indoor Recreation and Health and Wellness Facilities

Where feasible, indoor recreation, health and wellness facilities (gyms or spas) should operate by appointment or reservation.

#6: Gatherings Cannot Exceed 250 People

Events (concert, fair, festival, sports, movies, theater performance) cannot have more than 250 individuals.

Susie Cirilli