Highlights of Governor Brian Kemp’s Updated Reviving a Healthy Georgia Executive Order

On May 12, 2020, Georgia Governor Brian Kemp issued an updated Executive Order regarding continued social distancing, sanitation and other measures for businesses, and continued prohibition of Gatherings (more than 10 people if they cannot be kept six feet apart). The Order can be found here.

Below are some of the key business points of the Order, which is in effect from May 14 through May 31, 2020. Restaurants are subject to extensive and complex requirements under the Order; those will be summarized separately. 

GENERAL (These remain materially unchanged from the existing Executive Order in effect through May 13, but are being extended through the end of the month.)

• All Georgians must continue to practice Social Distancing (6’ of distance except with members of household) and are prohibited from Gatherings;
• All Georgians are “strongly encouraged” to wear face coverings “as practicable” when outside their places of residence;
• All Georgians are required to practice sanitation in accordance with CDC guidelines;
• Persons older than 65 or falling into several medically fragile categories must Shelter in Place through June 12; and
• No business or establishment shall allow Gatherings, although this provision does not apply to Critical Infrastructure. 

CRITICAL INFRASTRUCTURE must implement measures to mitigate the spread of the virus, and such measures “may include, but shall not be limited to the following, which shall be implemented to the maximum extent practicable”:

1. Screening and evaluating Workers who exhibit signs of illness, such as a fever over 100.4 degrees Fahrenheit, cough, shortness of breath or difficulty breathing, fever, chills, muscle pain, sore throat, or new loss of taste or smell;
2. Requiring Workers who exhibit signs of illness to not report to work or to seek medical attention;
3. Enhancing sanitation of the workplace as appropriate;
4. Disinfecting common surfaces regularly;
5. Requiring handwashing or sanitation by Workers at appropriate places within the business location;
6. Prohibiting Gatherings of Workers during working hours;
7. Permitting Workers to take breaks and lunch outside, in their office or personal workspace, or in such other areas where proper Social Distancing is attainable;
8. Implementing teleworking for all possible Workers;
9. Implementing staggered shifts for all possible Workers;
10. Holding all meetings and conferences virtually, whenever possible;
11. Delivering intangible services remotely, whenever possible;
12. Discouraging Workers from using other Workers’ phones, desks, offices, or other work tools and equipment;
13. Prohibiting handshaking and other unnecessary person-to-person contact in the workplace;
14. If in use, open sales registers must be at least six feet apart;
15. Point of sale equipment should be frequently cleaned and sanitized;
16. Placing notices that encourage hand hygiene at the entrance to the workplace and in other workplace areas where they are likely to be seen; and
17. Frequently disinfecting Personal Identification Number (“PIN”) pads, PIN entry devices, electronic signature capture, and any other credit card receipt signature capture devices if in use. 

NON-CRITICAL INFRASTRUCTURE must do all the following:

1. Screening and evaluating Workers who exhibit signs of illness, such as a fever over 100.4 degrees Fahrenheit, cough, shortness of breath or difficulty breathing, fever, chills, muscle pain, sore throat, or new loss of taste or smell;
2. Posting a sign on the front of the facility stating that individuals who have a fever or other symptoms of COVID-19 shall not enter the store;
3. Requiring Workers who exhibit signs of illness to not report to work or to seek medical attention;
4. Enhancing sanitation as appropriate;
5. Disinfecting common surfaces regularly;
6. Requiring handwashing or sanitation at appropriate places within the location;
7. Prohibiting Gatherings during hours of operation;
8. Permitting Workers to take breaks and meals outside, in their office or personal workspace, or in such other areas where proper Social Distancing is attainable;
9. Implementing teleworking as practicable;
10. Implementing staggered shifts as practicable;
11. Holding all meetings and conferences virtually as practicable;
12. Delivering intangible services remotely as practicable;
13. Discouraging use of other Workers’ phones, desks, offices, or other tools and equipment;
14. Prohibiting handshaking and other unnecessary person-to-person contact;
15. Placing notices that encourage hand hygiene at the entrance to the facility and in other areas where they are likely to be seen;
16. Enforcing Social Distancing of non-cohabiting persons while present on such entity’s leased or owned property;
17. For retailers and service providers, providing for alternative points of sale outside of buildings including curbside pick-up or delivery of products and/or services if an alternative point of sale is permitted under Georgia law;
18. For retailers and services providers, open sales registers must be at least six feet apart;
19. Point of sale equipment should be frequently cleaned and sanitized;
20. Increasing physical space between Workers and patrons;
21. Frequently disinfecting Personal Identification Number (“PIN”) pads, PIN entry devices, electronic signature capture, and any other credit card receipt signature capture devices if in use; and

• If the entity engages volunteers or has members of the public participate in activities, prohibiting volunteering or participation in activities for persons diagnosed with COVID-19, having exhibited symptoms of COVID-19, or having had contact with a person that has or is suspected to have COVID-19 within the past fourteen days. 

ALL businesses and establishments should do the following if practicable: 

• Providing Personal Protective Equipment as available and appropriate to the function and location of the Worker within the business location;
• Providing disinfectant and sanitation products for Workers to clean their workspace, equipment, and tools; and
• Increasing physical space between Workers’ worksites to at least six feet. 

OTHER REQUIREMENTS

• The Order prohibits opening live performance venues, amusement rides, and bars; pools have been dropped from this ban;
• All retailers (including grocery stores) must limit occupancy to 50%, encourage use of hand sanitizer by patrons, install protective screens or other mitigation measures where Worker-patron interactions are likely and take other specified measures;
• Grocery stores and other Food Establishments have an additional list of thirteen measures including reduced hours, providing PPE, encouraging patrons to wear masks, keeping buffets and sample stations closed, and more;
• Gyms and fitness centers have a list of seventeen mandatory measures;
• Body art studios, estheticians, hair designers, massage therapy, and tanning facilities must meet a list of thirteen requirements;
• Indoor movie theaters and cinemas and bowling alleys must implement a list of mandatory measures;
• Healthcare delivery must meet the requirements for Critical Infrastructure, and certain types of practices (dental, optometric, optician, and ambulatory surgery centers) are given certain other requirements or concessions; and
• Schools and childcare facilities are permitted or prohibited certain activities, and Summer Camps (new to this Order) are prohibited from overnight camping and issued a list of thirty-three mandatory requirements.