OSHA Provides Safety Guidelines For Restaurants Operating With Curbside And Takeout Service

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) just provided safety tips and best practices for restaurants and other food and beverage businesses, limited by government orders to curbside and takeout service. These guidelines include the following:

• To the extent possible, maintain six feet between co-workers and customers. If possible, mark six-foot distances with tape on the floors in your pickup lines. Also encourage your customers to pay ahead of time via phone or online, temporarily move workstations to create more distance, and install plexiglass partitions, if feasible.
• Allow employees to wear masks over their nose and mouth to prevent spreading the disease.
• Train employees on hygiene practices.
• Provide a place for your customers and employees to wash their hands and an alcohol-based hand sanitizer of at least 60% alcohol.
• Reserve parking spots close to the front door of your establishment for curbside pickup only.
• Avoid direct hand-off with your customers, if possible.
• Display a door or sidewalk sign detailing your services and respective availability, instructions for pickup, and hours of operation to avoid congregation in front of your establishment.
• Encourage your workers to report any safety and health concerns.

Beyond these suggestions, you should check your local and state laws for any additional requirements on curbside and takeout service.  As the restaurant industry continues to try and recover from governmental shutdown orders, expect to see many of these “guidelines” to show up in your local and state reopening orders.

What Should Employers Do?

As you begin the process of reopening, you should familiarize yourself with our alert: 5 Steps To Reopen Your Workplace, According To CDC’s Latest Guidance. You should also keep handy our 4-Step Plan For Handling Confirmed COVID-19 Cases When Your Business Reopens in the event you learn of a positive case at your workplace. For a more thorough analysis of the many issues you may encounter from a labor and employment perspective, we recommend you review our FP BEYOND THE CURVE: Post-Pandemic Back-To-Business FAQs For Employers and our FP Resource Center For Employers.

Conclusion

Fisher Phillips will continue to monitor the rapidly developing COVID-19 situation and provide updates as appropriate. Make sure you are subscribed to Fisher Phillips’ Alert System to get the most up-to-date information. For further information, contact your Fisher Phillips attorney, any attorney in our Hospitality Practice Group, or any member of our Post-Pandemic Strategy Group Roster.

This Legal Alert provides an overview of a specific developing situation. It is not intended to be, and should not be construed as, legal advice for any particular fact situation.