On April 24, Vermont Governor Phil Scott issued Addendum 11 to Executive Order 1-20, Work Smart & Stay Safe – Restart VT: Phase II.  In the Phase II Order, Governor Scott promulgated some rules to allow for “a cautious, Incremental and evidence-based approach to restarting Vermont’s economy.”  The Order allows for a continued slow reopening of the Vermont economy, following the phased approach of Scott’s April 17 Addendum 10 to Executive Order 1-20, Work Smart & Stay Safe — Restate VT: Phase I.

The Phase II Order allows certain businesses, non-profit and governmental entities to let employees come back to work on April 27, on a limited basis, subject to numerous rules set forth in the Phase II Order. The Phase II Order allows  (i) “micro-crews” of 5 or less people per job for outdoor work and construction on unoccupied structures, (ii) manufacturing and distribution with a maximum of 5 employees (if low-density and employees are 6 feet apart at all times), (iii) supporting operations for curbside pick-up and delivery and (iv) resumption of in-person shopping at outdoor retail operations (garden centers and greenhouses), so long as no more than 10 people including customers and staff are present. The Phase II Order also allows libraries to offer curbside pickup, and limited in-person operation of Farmers Markets, starting on May 1.

Highlights of the Phase II Order include requirements (i) that a health officer be on site at each work location during each shift to ensure compliance with both the Phase I and Phase II orders, (ii) that all employers provide training and written standard operating procedures (developed by the Vermont Occupational Safety and Health Agency (VOSHA)), (iii) that all employees have easy and frequent access to soap and water or hand sanitizer during work, (iv) that work spaces be cleaned and disinfected several times during each shift, and (v) that employees may not congregate on site. Further, employees may not remain at a work site if they are sick or symptomatic, and must maintain strict social distancing of six feet while on the job. More details can be found in the Phase II Order

Related Practice Areas

Labor & Employment Law