New York State Lifts Most COVID-19 Reopening Guidance

New York State has announced that most COVID-19 industry reopening guidance has been lifted because 70% of the State’s adult residents (18 years and older) have received at least one dose of a COVID-19 vaccine.  In making the announcement, the State said:

With the removal of the State's minimum standard for reopening, businesses are free to choose to lift all or some restrictions, continue to adhere to the State's archived guidance, or implement other health precautions for their employees and patrons.  Businesses are also authorized to require masks and six feet of social distancing for employees and patrons within their establishments, regardless of vaccination status.  Any mask requirements that businesses choose to implement must adhere to applicable federal and state laws and regulations, such as the Americans with Disabilities Act.  

The areas that remain subject to the State’s reopening guidance are fairs and festivals, large-scale performing arts and entertainment, Pre-K to Grade 12 schools, professional sports with fans, and public transportation.  Thus, all other industries are now free to discontinue all previously implemented COVID-19 reopening protocols, including employee health screenings, or choose to voluntarily continue to adhere to the prior reopening guidance, or implement other health precautions.  The announcement also says that, in accordance with CDC guidance, unvaccinated individuals continue to be responsible for wearing masks.

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New York State Issues New COVID-19 Guidance

On May 19, 2021, New York State adopted the Centers for Disease Control and Prevention’s (CDC) “Interim Public Health Recommendations for Fully Vaccinated People” (“CDC Recommendations”) and has issued new reopening guidance (“Guidance”) for “most businesses and public settings.” The Guidance is consistent with the CDC Recommendations and states that individuals who are fully vaccinated against COVID-19 no longer need to wear a mask or practice social distancing in most settings. (A person is fully vaccinated if at least 14 days have passed since receiving a one-dose vaccine or the second dose of a two-dose vaccine.) The Guidance does not define what places fall within the terms “most businesses and public settings,” but it appears that the Guidance is intended to apply to all businesses, except those that are expressly excluded from its application, which include Pre-K to Grade 12 schools, public transit, homeless shelters, correctional facilities, nursing homes and health care settings. Individuals who are not fully vaccinated must generally continue to wear masks and practice social distancing. Businesses may, if they choose, require all vaccinated and unvaccinated persons to wear masks and practice social distancing as long as they adhere to all applicable federal and state laws and regulations concerning mask wearing.

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