Agency of Commerce and Community Development

MEMO

FROM:   Lindsay Kurrle, Secretary, Agency of Commerce and Community Development
TO:           Vermont Businesses and Employers
DATE:     January 15, 2021 || Modifications and new sections are in red.
RE:            Update 34 – New Work Safe Additions to the Be Smart, Stay Safe Order

As Vermont continues its work to respond to the COVID-19 pandemic, reduce the spread of the virus, keep Vermonters working, and keep our children in school, our mitigation strategy is constantly evolving.

To that end, the following is required of all Vermonters, visitors, and businesses per the Governor’s Executive Order:

Critical Updates - Effective until further notice.

1. All multi-household social gatherings indoors and outdoors in public and private spaces are prohibited. This includes all public and private gatherings including but not limited to household gatherings, parties, weddings, events, etc. Review section 4.1 of this memo for additional information about limited permissible multi-household outdoor recreation.

   Holiday Gathering Update

   The holidays are over and the spread of COVID-19 in Vermont is still a concern. We have returned to the protocol that you may not gather with anyone you don’t live with. If you have gathered with people you don’t live with, you should quarantine. The Health Department strongly encourages getting tested as soon as possible and then again on day 7.

2. Bars and social clubs shall be closed for in-person service. Detail as follows:
    
   Premises operating under a license, other than a 2nd Class license, issued by the Department of Liquor and Lottery, Division of Liquor Control, shall suspend or modify operations as follows:
   1. All “Clubs” as defined by 7 V.S.A. § 2(7) shall suspend on-premises operations.
   2. 1st Class licensees who hold a Restaurant License issued by VDH for an on-site kitchen equipped to provide menu service must accompany all beverage alcohol orders with food; serve only those patrons who are seated; and continue to abide by existing health and safety guidance issued by ACCD.
   3. All other 1st Class licensees, including Clubs, shall suspend operations.
   4. 4th Class licensees that operate a tasting room primarily focused on providing retail sales may operate as follows:
      • Only serve samples of products with the intent of selling product to be consumed off-site;
      • Maintain contact tracing logs;
      • Maximum occupancy: 50 percent, or occupancy that ensures social distancing between households, whichever is less;
      • Members of separate households must be kept 6’ apart from other households, and mingling between households must be prohibited;
      • When serving at a bar, counter or other area, including any space used as a drink prep area, a barrier must be in place to separate customers from the server; and
      • When customers are not actively tasting, masks must be worn.
      • Holders of both a 1st and 4th class license may only operate in accordance with the guidance for 1st class licensees and 4th class licensees set forth above.
   5. All other 4th Class licensees shall suspend operations.
   6. All premises suspending or modifying operations hereunder may offer or continue to offer take-out, curbside pickup and delivery of beverage alcohol, including spirit-based drinks and malt and vinous product.
3. Restaurants:
   
   1. Restaurants are restricted to allowing only one household per table.
   2. All guests must be seated, and no standing or mingling is allowed.
   3. All in-person service at restaurants must stop table service at 10pm. Take out or curbside service is allowed after 10pm.
4. All businesses and organizations that serve the public and host organized non-essential activities shall maintain an easily accessible, legible log of all employees, customers, members and guests and their contact information, including name, address, phone number and email address for 30 days in the event contact tracing is required by VDH. For the sake of clarity, this requirement applies to all employees and all guests in every party.
5. Businesses are required to use remote work or telework whenever possible, including making use of teleconferencing and video conferencing to avoid in person meetings.
6. All recreational sports activities are subject to Section 9.1 of this guidance, including youth leagues, adult leagues (including bowling leagues, soccer, etc.), practices, games and tournaments. Outdoor recreation and fitness activities are subject to Section 4.1.
7. Contact tracing cooperation: Vermonters who have been identified as a case or a close contact are required to:
   
   1. Promptly answer calls or otherwise respond to the VDH Contact Tracing Team;
   2. Provide full, complete and truthful information concerning places they have been, activities they have engaged in and persons with whom the individual has had close contact, including contact information when possible;
   3. Comply with all VDH recommended quarantine and isolation periods and testing.
8. All college students returning home from any college campus in state or out of state are required to quarantine upon return home AND are encouraged to obtain a COVID-19 test on Day 7.

MANDATORY HEALTH & SAFETY REQUIREMENTS FOR ALL BUSINESS, NON-PROFIT & GOVERNMENT OPERATIONS

All businesses must follow Vermont Department of Health and CDC guidelines:

• Employees shall not report to, or be allowed to remain at, work or job site if sick or symptomatic (fever, cough, shortness of breath or difficulty breathing, chills, repeated shaking with chills, fatigue, muscle or body aches, headache, congestion or runny nose, sore throat, new loss of taste or smell, nausea or vomiting, diarrhea).
• Employees must observe strict social distancing of 6 feet while on the job.  Businesses and non-profit or government entities shall ensure customers observe strict social distancing of 6 feet while on location, to the extent possible.
• Limit the occupancy of designated common areas, such as break rooms and cafeterias, so that occupants maintain strict social distancing of no less than 6 feet per individual. The employer shall enforce the occupancy limit and require employees to wipe down their area after use or shall ensure cleaning of the common areas at regular intervals throughout the day.
• Employees must wear face coverings over their nose and mouth when in the presence of others. In the case of retail cashiers, a translucent shield or “sneeze guard” is acceptable in lieu of a mask if the employee works alone and does not interact with customers outside the work station.
• Businesses, non-profit and government entities may decline service to individuals who are not wearing a mask. This includes refusing service to those who are exempt from the mask mandate, however, the business shall provide an alternate way for those unable to wear a mask to access the business, such as offering curbside pick-up, delivery, or other innovative solutions.
• Employees must have easy and frequent access to soap and water or hand sanitizer during duration of work, and handwashing or hand sanitization is required frequently including before entering, and leaving, job sites.
• All common spaces (when open) and equipment, including bathrooms, frequently touched surfaces and doors, tools and equipment, and vehicles must be cleaned regularly and, when possible, prior to transfer from one person to another, in accordance with CDC guidance.
• Prior to the commencement of each work shift, all employees (except those that work alone and have no contact with other people during their shift such as those who work from home remotely) shall complete a health survey either in-person at the worksite or prior to arriving at the worksite. This screening survey shall require an employee to verify that he or she has no symptoms of COVID-19 (fever, cough, shortness of breath or difficulty breathing, chills, repeated shaking with chills, fatigue, muscle or body aches, headache, congestion or runny nose, sore throat, new loss of taste or smell, nausea or vomiting, diarrhea) before they enter the workplace. It is strongly recommended that a temperature check be conducted by the employee at home or a non-contact temperature check be conducted by the employer or the employee at the worksite. Employers may create systems that work best for their unique operations – but must be able to demonstrate, if asked by employees or state health officials, that all employees have been pre-screened for symptoms before they enter the workplace.
• Signs must be posted at all entrances clearly indicating that no one may enter if they have symptoms of respiratory illness.
• All businesses and organizations that serve the public and host organized non-essential activities shall maintain an easily accessible, legible log of all employees, customers, members and guests and their contact information, including name, address, phone number and email address for 30 days in the event contact tracing is required by VDH. For the sake of clarity, this requirement applies to all employees and all guests in every party.
• When working inside, open doors and windows to promote air flow to the greatest extent possible and limit the number of people occupying a single indoor space.
• No more than 3 people shall occupy one vehicle when conducting work. Mass transit, taxis, ridesharing, and public safety are exempt from this rule.
• No symptomatic or COVID-19 positive workers are allowed on site and any worker(s) who have close contact for more than 15 minutes with a worker or any other person who is diagnosed with COVID-19 are required to quarantine for 14 days. See the Department of Health’s guidance on work place exposures.
• All operations shall designate a health officer on-site at every shift responsible for ensuring compliance with the Executive Order and the Addenda thereto and applicable ACCD Guidance.  This person shall have the authority to stop or modify activities to ensure work conforms with the mandatory health and safety requirements.
• All businesses and non-profit and government entities shall encourage and facilitate telework among those employees with the capacity to work remotely when practical without impeding productivity. Employers shall use their best efforts to accommodate the needs of high risk individuals, those workers who may have child care needs which cannot be met due to the closure of schools or child care facilities for reasons relating to COVID-19 and those individuals with concerns about personal health circumstances.
• All employees, including those already working (except healthcare workers, first responders, and others already trained in infection control, personal protection/universal precautions), must complete, and employers must document, a training on mandatory health and safety requirements as provided by VOSHA, or another training program that meets or exceeds the VOSHA-provided standard. Employers who need translations of the training have one week from the release of the translated training to complete this requirement.
• All businesses that have been closed for 7 or more days during the state of emergency must complete and keep on file a reopening and training plan (businesses with fewer than 10 employees at any physical location are not required to create such a plan, however, they must follow all other guidelines and employees must take the VOSHA training). VOSHA and the Agency of Commerce have provided a template at https://accd.vermont.gov/covid-19/business/restart. The plan must, at a minimum:
  • Adopt a phased approach to reopening which provides sufficient opportunity to operate first in a low density and low contact environment before making the incremental changes needed to accommodate more moderate density activity while continuing to maintain health and safety.
  • Update physical and administrative safety systems to accommodate COVID-19 VDH/CDC/VOSHA guidelines, health monitoring, including temperature checks, cleaning and sanitizing methods and physical distancing measures.
  • Take appropriate measures to protect employees at greater risk of contact by virtue of their occupational role or setting.
  • Businesses with fewer than 10 employees at any physical location are not required to create such a plan, however, they must follow all other health and safety guidelines above including taking VOSHA training.
• For all mass transit CUSTOMERS/ RIDERS (in addition to the mandatory requirement for operators and staff) face coverings are mandatory on public transit conveyances and in stations and terminals. Private charter buses and large multi-passenger vans should only be used if density is reduced to allow for social distancing. This includes reducing capacity to 50 percent, leaving every other seat empty, and every other row open. Cloth face coverings must be worn. K-12 school transportation services shall follow guidance included in the Agency of Education’s Strong and Healthy Start guidance.

ADDITIONAL HEALTH AND SAFETY CONSIDERATIONS FOR ALL BUSINESS, NON-PROFIT AND GOVERNMENT OPERATIONS

• Use of shared workspaces, desks, offices, etc. is discouraged to the maximum extent practicable.
• Face-to-face staff meetings should be limited, and physical distancing must be observed.
• Consider staggered work shifts, break times, etc. and expanding hours to reduce number of individuals working together and reduce contact with members of the public.
• To the extent possible, provide access to hand washing and/or hand sanitizer for vendors, and customers.
• Limit staff travel between multiple sites.
• Ensure a safe process to receive supplies and deliveries.
• Consider accommodations for employees at higher risk from COVID-19 infection (as currently defined by the CDC) to work remotely or have a job tasks that minimize public interaction.

BUSINESS CUSTOMER & GENERAL PUBLIC MASK USE

As of Saturday, August 1, 2020, Vermonters and visitors are required to wear masks or cloth facial coverings over their nose and mouth any time they are in public spaces, indoors or outdoors, where they come in contact with others from outside their households, especially in congregate settings, and where it is not possible to maintain a physical distance of at least six feet.

Masks or cloth facial coverings are not required when someone is engaged in strenuous exercise or activity, for anyone under the age of 2, any child or adult with a medical or developmental issue or challenge that is complicated or irritated by a facial covering, anyone with difficulty breathing or as further set forth in guidance issued by VDH. A person who declines to wear a mask or cloth face covering because of a medical or developmental issue, or difficulty breathing, shall not be required to produce documentation, or other evidence, verifying the condition.

Businesses and non-profit and government entities shall implement measures notifying customers or clients of the requirement to wear masks or facial coverings, which may include, but shall not be limited to, posting signage stating that masks or cloth facial coverings are required and denial of entry or service to customers or clients who decline to wear masks or facial coverings.

For the text of the order establishing the mask requirement, read the Executive Order.

CROSS STATE TRAVEL

Anyone returning to or traveling to Vermont must follow Vermont’s mandatory quarantine policy. Vermonters returning from an out-of-state trip must complete either a 14-day quarantine or a 7-day quarantine followed by a negative test.

The State of Vermont has suspended all social gatherings between multiple households. While in Vermont, you may not participate in social gatherings, this includes sharing an accommodation with another household outside of your own. Travelers may not stay with a Vermont host or stay in a Vermont lodging establishment or short-term rental with another household. Even if you have completed a quarantine, or intend to quarantine with another household, you may not gather with another household in Vermont. (Individuals who live alone may gather with members of their immediate family residing in a different household).

Vermonters must remember to follow any travel restrictions and quarantine requirements for the states they plan to visit.

Residents of other states visiting Vermont must adhere to the quarantine guidelines:

• Travelers arriving to Vermont in a personal vehicle must complete either a 14-day quarantine or a 7-day quarantine followed by a negative test in their home state or upon arrival in Vermont.
• Travelers arriving to Vermont who have not completed a pre-arrival quarantine must complete either a 14-day quarantine or a 7-day quarantine followed by a negative test in a Vermont lodging establishment or with friends and family (travelers must stay in their quarantine location for the duration of quarantine other than to travel to and from a test site).

Read more about quarantining at the Vermont Department of Health website.

All out of state travelers utilizing lodging, camping and short-term rental properties in Vermont must sign and complete a Certificate of Compliance or affirm a compliance statement via a digital check box at the time of reservation and check-in to attest that they meet the quarantine requirement or are an essential/authorized worker.

All out of state travelers are strongly encouraged to register with Sara Alert upon arrival to Vermont to get two weeks of daily reminders to check for common symptoms of COVID-19.

People traveling for essential purposes, including work, do not need to quarantine. Essential travel includes travel for personal safety, medical care, care of others, parental shared custody, for food, beverage or medicine, to attend preK-12 school if commuting daily, or to perform work for businesses that are currently allowed to operate. The current State of Emergency requires employers to use remote work and telework whenever possible to avoid unnecessary work travel. Businesses and employees must only travel for work related trips when absolutely necessary. Individuals engaged in a daily commute to and from their job are expressly exempt from the need to quarantine by Executive Order.

Persons should not travel to, from, or within Vermont if they are experiencing COVID-19 symptoms or if they meet the criteria for needing to Isolate or Quarantine.

Please review the travel FAQ.

PHASED RESTART

Operations deemed “essential” may continue to operate under pre-existing guidance with the addition of the mandatory health and safety requirements above.  

To safely reopen certain operations impacted by the COVID-19 outbreak and not defined as essential, Governor Scott has directed the Agency of Commerce - in consultation with the Department of Health and the Department of Public Safety – to authorize, subject to mandatory health and safety requirements listed above and additional sector specific guidance below, the following: 

• 1.1 Outdoor Businesses
• 1.2 Low or No Contact Professional Services
• 2.2 Farmers Markets
• 3.1 Manufacturing, Construction, and Distribution Operations  
• 4.1 Outdoor Recreation and Fitness   
• 4.2 Outdoor Recreation Businesses, Facilities and Organizations
• 5.1 Retail Operations
• 5.2 Drive-In Operations 
• 6.1 Lodging, Campgrounds and Other Accommodations
• 7.1 Restaurants, Catering, Food Service, and Bars
• 7.2 Hair Salons and Barber Shops
• 7.4 Religious Facilities and Places of Worship
• 8.1 Close Contact Business (Gyms, Fitness Centers, Spas, Nail Salons, etc.)
• 8.2 Overnight Summer Camps and Limited Residential Summer College Programming
• 8.3 Indoor Arts, Culture and Entertainment
• 9.1 Sports/Organized Sports Including Youth Leagues, Adult Leagues, Practices, Games, and Tournaments
• 10.1 Occupancy Limits for Event Venues (Weddings, Funerals, Parties, Concerts, Large Sporting Events)
• 11.1 College and University Campus Learning
• 12.1 Ski Resorts

1.1 Outdoor Businesses

• Those who exclusively or largely work outdoors (such as landscaping, painting, parks maintenance, recreation maintenance, delivery work, etc.) may resume operations.

Phased Restart: Full list of sectors

1.2 Low or No Contact Professional Services

• Services operating with a single worker or small office environments (such as appraisers, realtors, municipal clerks, attorneys, property managers, pet care operators, and others) may operate if they can comply with the mandatory health and safety requirements listed above, and the mandatory maximum occupancy limits (currently 50 percent fire safety capacity, 1 person per 100 square feet, and a maximum of 75 people indoors and 150 people outdoors).
• Remote work is required whenever possible. 
• Operators must maintain a log of customers and their contact information for 30 days in the event contact tracing is required by the Health Department. 

Phased Restart: Full list of sectors

2.2 Farmers Markets

• Farmers markets may open using limited in-person operations to ensure consumer access to quality, healthy food if:
  • They adhere to all municipal ordinances and rules and their local municipality agrees to allow opening.  
  • Markets must significantly alter their business practices to eliminate crowds and reduce contact between vendors and customers including a temporary transition away from shopping and social events to primarily a food distribution system.
  • Markets are directed to follow any additional guidance issued by the Agency of Agriculture, Food and Markets.  

Phased Restart: Full list of sectors

3.1 Manufacturing, Construction, and Distribution Operations

• Manufacturing, construction, and distribution operations that ceased operations for more than seven days during the state of emergency may restart with as few employees as necessary to permit full operations while maintaining compliance with the mandatory health and safety requirements above, and: 
  • Interior residential and commercial construction may occur in occupied structures as of May 22.  

Phased Restart: Full list of sectors

4.1 Outdoor Recreation and Fitness 

Vermonters are encouraged to participate in no contact outdoor recreation and fitness activities.

• Outdoor recreation and fitness activities include, but are not limited to biking, hiking, walking, running, hunting and fishing, skiing, skating, snow machining and other outdoor activities.

Anyone participating in outdoor recreation and fitness activities must wear a cloth face covering.

All participants are expected to consistently maintain at least six feet of physical distance from anyone outside their immediate household.

Plan outdoor activities responsibly and do not take unnecessary risks.

• Winter conditions can change quickly; be prepared for a backcountry emergency by carrying enough gear and extra warm clothing to be self-sufficient for an extended period of time.

Promote an “arrive, participate, and leave” mentality; do not gather at trailheads, access areas or other outdoor facilities before or after recreation and fitness activities.

Nothing in these guidelines should be interpreted to override the need to observe requirements for use of trails or property, including that users obtain appropriate permission from private landowners where required and the expectation that, where needed, users will check with state or local land managers regarding conditions that remain in effect.

Additional information on good etiquette and safe practices for outdoor recreation is available at: https://fpr.vermont.gov/recreation/outdoor-recreation-and-covid-19  and https://vtfishandwildlife.com/covid-19-related-information

Phased Restart: Full list of sectors

4.2 Outdoor Recreation Businesses, Facilities and Organizations 

Businesses, facilities and organizations which support or offer outdoor recreation and fitness activities that require low or no direct physical contact may return to operation under all applicable health and safety requirements established in Governor's Emergency Order. These include, but are not limited to state and municipal parks, recreation associations, trail networks, golf courses, big game check stations, and guided expeditions. In addition, organizations, businesses and facilities catering to outdoor activity must adhere to the conditions set forth below:

• Require an “arrive, play and leave” mentality. Groups may not gather before or after activities (no tailgating, etc.).
• These opportunities are for Vermont residents, and those who meet the cross state travel guidance about traveling to and from Vermont.
• Businesses and organizations shall maintain an easily accessible, legible log of all employees, customers, members and guests and their contact information, including name, address, phone number and email address for 30 days in the event contact tracing is required by VDH. For the sake of clarity, this requirement applies to all employees and all guests in every party.
• Implement measures, including signage and registration processes, that reinforce parks, facilities, trails, etc. are only open to Vermonters and those who have met the cross state travel guidance.
• Implement measures, including signage, discouraging contact sports and games. For example, outdoor basketball courts may be open to “shoot hoops,” but full contact games should be discouraged.
• Eliminate services or transactions that result in touch points and/or staff-customer interactions that are not absolutely necessary. This includes prioritizing credit card, telephone and electronic payment; cash transactions may only be accepted as a last resort.
• Reduce high contact surfaces and common areas, and disinfect rental equipment between users.
• Play structures may be open to the public if they are properly signed reminding users not to use them if they or anyone in their household has been ill and to wash hands before and after use. Organizations responsible for the play structure are encouraged to provide hand sanitizer for users.
• Limit gatherings of people to as few as possible to ensure physical distancing of six feet or more can occur. All outdoor events must comply with the special event guidance in the Work Safe memo. Large outdoor facilities such as trail networks, beaches, and municipal parks may have more than 150 people in them as long as there is no single gathering or event exceeding 150 people and all guests can maintain six feet of physical distancing between households.
• Restroom facilities may only be opened if they can be regularly cleaned and disinfected per CDC guidelines.
• Organized sports must comply with the Work Safe Guidance included in the Work Safe Guidance Memo:  “9.1 Sports/Organized Sports Including Youth Leagues, Adult Leagues, Practices, Games and Tournaments”.
• Pools and beaches may open if they comply with this guidance. Due to the limited size of pools, organizations shall follow the occupancy rules for event venues in Section 10.1 (currently 50 percent fire safety capacity or 1 person per 100 square feet, with a maximum of 75 people indoors and 150 people outdoors).
• Organizations that host ice fishing derbies may do so under the following conditions.
  • Participants fish only with immediate family members or members of their immediate household.
  • Participants consistently maintain at least six feet of physical distance from anyone outside their immediate household and do not occupy shanties or popup shelters with individuals outside of their immediate household.
  • Participants must wear cloth face coverings whenever six feet of physical distance from anyone outside their immediate household cannot be consistently maintained, and are encouraged to wear a face covering throughout the duration of the derby.
  • Organizers must eliminate potential congregations of participants:
    • Set up a process for fish entries that minimize groups and person-to-person contact.
    • Do not utilize fish display boards that attract crowds of viewers.
    • Eliminate in-person awards ceremonies and arrange individual prize pick-up for a later date under controlled conditions.

Phased Restart: Full list of sectors

5.1 Retail Operations

• Non-essential retail operations are limited to 50% (fifty percent) of approved fire safety occupancy; or 1 customer per 200 square feet; or 10 total customers and staff combined, whichever is greater.  Operators must POST their temporary occupancy limit, and which method was used to determine it, prominently on all entrances. Posting templates are available at accd.vermont.gov. 
• Retail operations do not need to maintain customer contact tracing logs per Addendum 8. Retail is not considered a public accommodation that hosts organized non-essential activities.
• Cashless/touch-less transactions are strongly preferred. 
• Curbside pickup remains the preferred method of operation.  When possible, retailers should take steps to schedule or stage customer visits, such as waiting in cars or outside, to ensure lower contact operations.
• Yard sales and garage sales may occur at private residences.
• Organized outdoor markets, such as flea markets, shall adhere to the farmers market guidance issued by the Agency of Agriculture, Food and Markets.
• Pick-your-own agricultural producers, including berry farms and orchards, shall adhere to retail guidance, and follow the best practices identified in the Agency of Agriculture’s Pick-Your-Own Restart Plan. (Find additional information and FAQs about the Pick-Your-Own Restart Plan.)

Phased Restart: Full list of sectors

5.2 Drive-In Operations

Drive-in operations including, but not limited to, movie theaters, fireworks displays, parades, restaurants, religious services, graduation ceremonies, and other gatherings may occur subject to the mandatory health and safety guidance above and:

• Vehicles must be spaced a minimum of 6 (six) feet apart.
• People should stay in or near their vehicles to prevent interaction with other parties at drive-in operations.
• Cashless/touch-less transactions are strongly preferred.
• Restrooms on site must be cleaned and sanitized regularly.
• Any concessions on site must be done via takeout or delivery or pursuant to any future food service guidance.

Phased Restart: Full list of sectors

6.1 Lodging, Campgrounds and Other Accommodations

• Multi-room lodging operations may book 100 percent of rooms.
• Lodging operations and short-term rentals, campgrounds and marinas may accept overnight reservations from:
  • Vermont residents.
  • Travelers who travel from a county with a similar active COVID-19 caseload as Vermont as identified by the Vermont Agency of Commerce and Community Development.
  • Travelers from a high-risk area not identified as having a similar active COVID-19 caseload if they complete a quarantine in Vermont before arriving at a lodging property.
  • Travelers may complete either: (i) complete a 14-day quarantine; or (ii) complete a 7-day quarantine followed by a negative test – in their home state and enter Vermont without further quarantine restrictions if they come to Vermont in a private vehicle (including private air travel) directly from their home.
  • Travelers may complete either: (i) a 14 day quarantine; or (ii) a 7-day quarantine followed by a negative test – in a Vermont lodging establishment regardless of destination origin or manner of travel (travelers must stay in their quarantine location for the duration of quarantine other than to travel to and from a test site).
• Operators shall require a signed document or digital check box at time of reservation and check-in from the guest(s) attesting they meet the quarantine requirement, have traveled from a county with similar active COVID-19 caseload per the Vermont Agency of Commerce and Community Development (ACCD), are an essential/authorized worker. The Agency of Commerce has provided a Certificate of Compliance form at accd.vermont.gov that meets this criteria. However, operators may utilize an alternate method including those completed via electronic means such as email, or digital check box using this specific language:
  I certify that I have reviewed the State of Vermont out-of-state traveler guidelines and travel map and comply with current health and safety requirements for traveling to, from, and within the State of Vermont. I further certify that I understand all travelers should stay home if ill (with any symptoms); maintain physical distance of at least 6’ from anyone outside their household; wear a cloth mask when in public spaces; and wash or sanitize hands often.
• Operators shall recommend that out-of-state guests register with Sara Alert to get daily reminders via text, email or phone from the Vermont Department of Health  
• Any guests that exhibit signs of illness or COVID-19 symptoms upon arrival may not be allowed to check in.  If symptoms begin during their stay they must be asked to leave and return home if possible. If departure is not possible, guests must self-isolate for the remainder of their stay and the Vermont Department of Health must be contacted immediately. 
• All lodging and camping operations with more than 10 (ten) employees must complete and keep on file a reopening and training plan. VOSHA and the Agency of Commerce have provided a template at: https://accd.vermont.gov/covid-19/business/restart
• Lodging operations and campgrounds must alter normal operations to maximize social distancing of guests.
• Check-in/out should be done via phone or electronic means to the greatest extent possible.
• A room or accommodation must be thoroughly cleaned in accordance with CDC guidelines before another guest may use the accommodation.
• Businesses shall not host social gatherings such as weddings, parties and business meetings that accommodate guests from multiple households.
• Only one party should use an elevator at any given time.
• Amenities may only be open if they are done so in accordance with the Executive Order and the Phased Restart Work Safe Guidance. Amenities must be cleaned and sanitized between guest usage and be managed to restrict access to 50 percent of fire safety occupancy or one person per 100 square feet, with a maximum of 75 people indoors and 150 people outdoors.
• Food service may only be offered in compliance with current restaurant guidance. Indoor dining is restricted to 50 percent of fire safety occupancy or one person per 100 square feet, with a maximum of 75 people indoors and 150 people outdoors. Effective at 10pm, November 14th, bars must be closed to the public, and restaurants must suspend table service after 10pm.
• Direct contact services (such as check-in, bell, valet, housekeeping, etc.) must be limited to the greatest extent possible. Cashless / touchless transactions are strongly preferred.
• Operators must maintain an easily accessible log of customers and their contact information for 30 days in the event contact tracing is required by the Health Department.

Phased Restart: Full list of sectors

7.1 Restaurants, Catering, Food Service, and Bars

• Signs must be prominently posted at all entrances stating that no-one with a fever, respiratory illness, or symptoms of COVID-19 (see VDH guidance for the current symptom list) is allowed on premise.
• Occupancy & Seating
  
  • Restaurants, catering, food service, and bars may allow 50 percent of fire safety occupancy or 1 person per 100 square feet, with a maximum of 75 people indoors and 150 people outdoors or their maximum licensed seating capacity, whichever is less.
  • Seating must be available for all patrons and seating must allow for physical distancing of at least 6 feet between seated dining parties. No standing or mingling is allowed. Customers must be seated while consuming food or beverages.
  • Restaurants are restricted to allowing only one household per table.
  • Bar seating may only be open if a physical barrier, such as a piece of plexiglass, separates the patrons from bartenders and the drink preparation area. Patrons of different households must be at least six feet apart.
  • A counter area, such as a lunch counter or diner counter, may be open if there is at least six feet between customers and six feet between the customer and any waitstaff and no food or beverage production or storage occurs at the counter.
  • Reservations or call ahead seating is preferred. Reservations should be staggered to prevent congregating in waiting areas. Waiting areas must accommodate physical distancing.
• Bars and social clubs shall be closed for in-person service. Detail as follows:
   
  Premises operating under a license, other than a 2nd Class license, issued by the Department of Liquor and Lottery, Division of Liquor Control, shall suspend or modify operations as follows:
  1. All “Clubs” as defined by 7 V.S.A. § 2(7) shall suspend on-premises operations.
  2. 1st Class licensees who hold a Restaurant License issued by VDH for an on-site kitchen equipped to provide menu service must accompany all beverage alcohol orders with food; serve only those patrons who are seated; and continue to abide by existing health and safety guidance issued by ACCD.
  3. All other 1st Class licensees, including Clubs, shall suspend operations.
  4. 4th Class licensees that operate a tasting room primarily focused on providing retail sales may operate as follows:
     • Only serve samples of products with the intent of selling product to be consumed off-site;
     • Maintain contact tracing logs;
     • Maximum occupancy: 50 percent, or occupancy that ensures social distancing between households, whichever is less;
     • Members of separate households must be kept 6’ apart from other households, and mingling between households must be prohibited;
     • When serving at a bar, counter or other area, including any space used as a drink prep area, a barrier must be in place to separate customers from the server; and
     • When customers are not actively tasting, masks must be worn.
     • Holders of both a 1st and 4th class license may only operate in accordance with the guidance for 1st class licensees and 4th class licensees set forth above.
  5. All other 4th Class licensees shall suspend operations.
  6. All premises suspending or modifying operations hereunder may offer or continue to offer take-out, curbside pickup and delivery of beverage alcohol, including spirit-based drinks and malt and vinous product.

  7 V.S.A. § 2(7): "Club" means an unincorporated association or a corporation authorized to do business in this State that has been in existence for at least two consecutive years prior to the date of application for a license under this title and owns, hires, or leases a building or space in a building that is suitable and adequate for the reasonable and comfortable use and accommodation of its members and their guests and contains suitable and adequate kitchen and dining room space and equipment implements and facilities. A bona fide unincorporated association or corporation whose officers and members consist solely of veterans of the U.S. Armed Forces, or a subordinate lodge or local chapter of any national fraternal order, that fulfills all requirements of section 229 of this title except that it has not been in existence for at least two years shall come within the terms of this definition six months after the completion of its organization.

• All in-person service at restaurants must stop table service at 10pm. Take out or curbside service is allowed after 10 pm.
• Restaurants must maintain an easily accessible, legible log of all employees, customers, members and guests and their contact information, including name, address, phone number and email address for 30 days in the event contact tracing is required by VDH. For the sake of clarity, this requirement applies to all employees and all guests in every party. All customers opting to dine-in must be logged. Take out customers who do not dine in the restaurant do not need to be logged.
• Consider using rolled silverware and eliminating table presets. Disposable/single use condiment packets are encouraged. Multi-use condiments and all other items for general use must be cleaned and sanitized between customers.
• Use of shared food service (buffet style) and self-serve utensils, plates or napkins, are prohibited. However, a staffed banquet style buffet may occur if serving lines can accommodate physical distancing.
• Customers are required to wear face coverings when not eating.
• Restrooms should be monitored and routinely cleaned and soap dispensers regularly filled. 
• Disinfect all front-of-house surfaces including door handles, screens, phones, pens, keyboards; as well as tables, chairs and other areas of high hand contact frequently. 
• Licensed caterers and licensed manufacturers may follow this guidance for either outdoor or indoor Catering Event Permits and Special Event Permits in compliance with all Department of Liquor and Lottery permitting and license requirements. However, effective at 10 p.m., November 14, 2020, these businesses shall not serve public or private social, recreational and entertainment gatherings until further notice.

Phased Restart: Full list of sectors

7.2 Hair Salons and Barber Shops

Hair salons & barber shops may reopen subject to the mandatory health and safety requirements listed above, and: 

• Operations are limited to 25% (twenty-five percent) of approved fire safety occupancy; or 1 customer per 200 square feet; or 10 total customers and staff combined, whichever is greater.
• Additionally, operators should separate customers in chairs, to achieve physical distancing of 6 feet for any activity that will occur for more than a few moments (e.g. a retail transaction).
• To the greatest extent possible, operations shall be by appointment only with specified time periods for each client. No walk-In appointments or at home visits (house calls) are allowed.
• Operations may serve only Vermont residents or others who have completed the prescribed quarantine.
• For retail sales, curbside pickup is preferred; no testing / demonstration of products is allowed; and cashless/touch-less transactions are strongly preferred. 
• Businesses and organizations shall maintain an easily accessible, legible log of all employees, customers, members and guests and their contact information, including name, address, phone number and email address for 30 days in the event contact tracing is required by VDH. For the sake of clarity, this requirement applies to all employees and all guests in every party.

Phased Restart: Full list of sectors

7.4 Religious Facilities and Places of Worship

• Religious facilities and places of worship may resume operations subject to the mandatory health and safety guidance above, and: 

  • Outdoor, drive-in, and remote services remain the preferred method of operation. 
  • Operations are limited to 50 percent of fire safety occupancy or 1 person per 100 square feet, whichever ensures physical distancing.
  • Physical distancing between household/family units should be observed. 
  • Facial coverings are required. 
  • Businesses and organizations shall maintain an easily accessible, legible log of all employees, customers, members and guests and their contact information, including name, address, phone number and email address for 30 days in the event contact tracing is required by VDH. For the sake of clarity, this requirement applies to all employees and all guests in every party.

Phased Restart: Full list of sectors

8.1 Close Contact Business (Gyms, Fitness Centers, Spas, Nail Salons, etc.)

Fitness centers (gyms) and similar exercise facilities, massage therapists, nail salons, spas, tattoo parlors, businesses that require home visits, such as cleaning services and similar operations, and businesses that require limited close personal contact may resume in-person operations subject to the mandatory health and safety requirements listed above, and:

• Operations are limited to 25% (twenty-five percent) of approved fire safety occupancy; or 1 customer per 200 square feet, with a maximum of no more than 75 indoors and 150 outdoors.
• Operators should separate customers to maintain physical distancing of 6 feet for any activity that will occur for more than a few moments (e.g. a retail transaction). 
• To the greatest extent possible, operations shall be by appointment only with specified time periods for each client. No walk-In appointments are allowed. 
• Operations may serve only Vermont residents or others who have completed the prescribed quarantine. 
• Locker rooms, waiting areas, and other common areas shall be restricted to occupancy limits noted above. 
• For retail sales, curbside pickup is preferred; no testing / demonstration of products is allowed; and cashless/touch-less transactions are strongly preferred. 
• Personal instructional services/lessons (such as art, music, personal training, academic) may occur within the maximum occupancy limits mentioned above at a commercial location or residence. This includes group lessons and classes as long as physical distancing can be strictly adhered to and interaction between households is eliminated.
• Businesses and organizations shall maintain an easily accessible, legible log of all employees, customers, members and guests and their contact information, including name, address, phone number and email address for 30 days in the event contact tracing is required by VDH. For the sake of clarity, this requirement applies to all employees and all guests in every party.

Phased Restart: Full list of sectors

8.2 Overnight Summer Camps and Limited Residential Summer College Programming

Overnight summer camps and limited residential summer college programming shall operate in accordance with Health Guidance for Childcare Programs, Summer Programs and Afterschool Programs issued by the Vermont Department of Health on May 13, 2020. Recognizing the unique ability of residential programs to control and monitor the activity of their participants, the following supplemental guidance shall be in effect June 7th: 

• Overnight summer camp programs may operate at 75 percent their bed capacity. 
• Limited residential college programming refers to college programming where students are living on a campus for no more than 8 weeks with no more than 50 participants. 
• Overnight summer camps and limited residential summer college programs may operate in groups of greater than 25 as long as physical distancing occurs between individuals.  
• Programs are encouraged, but not required, to break larger camps into small groups of not more than 25 individuals in a single pod, including staff and counselors, to reduce the risk of camp-wide exposure. Wherever possible, the same staff should remain with the same group each day.  
• All out-of-state staff and out-of-state campers must complete one of the following quarantine protocols for overnight summer camps and limited residential college programming (each camp is responsible for ensuring their campers and staff comply): 
  • 14 DAYS AT CAMP: Campers are “quarantined” at camp, with their pod, for 14 days. Campers may not interact with anyone outside of their pod for the 14 days. 
  • 14 DAYS AT HOME: Campers self-quarantine at home for 14 days before travelling to Vermont, provided they come directly to camp without making any stops along the way that could potentially expose them to the virus. (This option is not available to campers who fly to Vermont) 
  • 7 DAYS AT CAMP + NEGATIVE TEST RESULT: Campers are “quarantined” within their pods for 7 days and, if they remain symptom-free, they are then tested for COVID-19 using a PCR test. If test results are negative, campers are subsequently permitted to mix with other campers outside of their pod. 
  • 7 DAYS AT HOME + NEGATIVE TEST RESULT: Campers self-quarantine for 7 days at home. Prior to departing for camp, they take a PCR test for COVID-19 and remain quarantined while they await the result. Timing is arranged so that they depart for camp within 24 hours of receiving a negative test result, and they come directly to camp without making any stops along the way that could potentially expose them to the virus. (This option is not available to campers who fly to Vermont). 
• Families must exercise extreme caution when bringing students to camp: 
  • No more than one family member may travel with the camper; 
  • No overnight accommodations will be available to families dropping campers off; 
  • Families should practice curbside drop off without entering the camp facility; and 
  • Camp programs should organize carpooling, van service or bus service from other states to reduce unnecessary cross state travel. 
• Campers and staff must wear cloth face coverings whenever in the presence of others, except in those exceptions identified in the Governor’s Executive Order, and policies must be in place to promote physical distancing. 
• Camps shall prohibit non-essential visits from family and friends. 
• Staff and other visitors who are not staying at the camp for the duration of the camp shall not have close physical contact with campers or staff. 
• Camps must maintain a log of all staff, campers and visitors, including their contact information, in the event contact tracing is required by the Health Department. 

Phased Restart: Full list of sectors

8.3 Indoor Arts, Culture and Entertainment (Effective 6/1)

• Libraries, galleries, museums, theaters and other indoor arts, culture and entertainment organizations may allow 50 percent of fire occupancy or 1 person per 100 square feet, with a maximum of 75 people indoors and 150 people outdoors. Posting templates are available at accd.vermont.gov.
• Effective at 10 p.m., November 14, 2020, these businesses and organizations shall not serve public or private social, recreational or entertainment gatherings until further notice. A household may still patronize the business, but not for special events or events that encourage socializing between households.
• Businesses and organizations must reduce interactions between guests – such as establishing directional flow in a gallery.
• Concert venues, theaters, and those putting on shows shall ensure all guests are seated and physically distanced by household.
• No dancing is allowed.
• Cashless/touch-less transactions are strongly preferred.
• Curbside pickup remains the preferred method of operation. When possible, organizations should take steps to schedule or stage customer visits, such as waiting in cars or outside, to ensure lower contact operations.
• Organizations should close or remove high touch entertainment features, including arcades and playgrounds.
• Businesses and organizations must maintain an easily accessible, legible log of all employees, customers, members and guests and their contact information, including name, address, phone number and email address for 30 days in the event contact tracing is required by VDH. For the sake of clarity, this requirement applies to all employees and all guests in every party.

Phased Restart: Full list of sectors

9.1 Sports/Organized Sports Including Youth Leagues, Adult Leagues, Practices, Games, and Tournaments

PHASE ONE: Effective Saturday, December 26, 2020, organized youth leagues and school-based sports programs (serving individuals age 19 years and younger) may resume team-based activities strictly limited to no more than 25 participants and:

• Individual skill-building exercises;
• Strength and conditioning sessions; and,
• No-contact drills.

PHASE TWO: Effective Monday, January 18, 2021, organized youth leagues and school-based sports programs (serving individuals age 19 years and younger) may resume full team-based practices including the following activities:

• Drills involving incidental contact; and
• Team-based scrimmages.

Additional direction on school-sponsored winter sports programs, applicable to both public and independent schools, has been published by the Agency of Education at: https://education.vermont.gov/documents/aoe-anr-winter-sports-programs-for-the-2020-21-school-year

Organized youth leagues shall:

• Require all participants to complete a health check, including temperature screening, before arriving at team-based activity.
• Require masks / cloth face coverings to be worn at all times.
  • Anyone with a documented medical or behavioral reason for not wearing a facial covering should not be required to wear one.
• Limit participation to 25% of approved fire safety occupancy or one person per 200 square feet, and a single team for indoor sports.
  • Venues with multiple facilities (such as multi-rink locations, multi-court gyms) may have more than one unit of the maximum event size as long as those units are in distinct portions of the facility (a different gym, unique and distinct rinks) and the distinct gatherings have no interaction with one another.
• Prioritize outdoor activities whenever possible.
• Sports leagues and organizations should prioritize non-contact activity, such as conditioning and drills where physical distance can be maintained, and give strong consideration to implementing modifications to reduce intensity of face-to-face contact and promote physical distancing.
• During times when athletes are not actively participating in practice or competition, all athletes are expected to maintain a physical distance of at least six feet between individuals. Teams must ensure adequate physical distance between players on the sidelines or benches and should structure team meetings to limit congregation.
• Prohibit spectators; only “key personnel” – players, coaches and staff – are allowed to attend team-based activities.
  • Guardians must wait in their vehicles and to avoid socializing with other guardians at practices.
  • For 10U level athletes, prior to the start of team-based activity and immediately following the team-based activity, a maximum of one guardian per participating family (masks required) is permitted to enter the practice facility briefly (15 minutes or less) in order to ensure their athlete is dressed and equipment is properly secured/removed. Guardians are encouraged to be efficient and are not permitted to remain in the facility during the practice. Six foot spacing must be maintained between members of different households. In an effort to allow coaches/instructors to maintain active management of health and safety protocols during the team-based activity, they may designate a single volunteer safety manager to stay inside the facility during practice to help with young athletes who may need extra assistance with equipment, to use the bathroom facilities or get the attention of a parent waiting outside in an emergency.
• Prohibit congregating before, during, and after practice; promote an “arrive, play, and leave” mentality. Players and coaches should arrive for practices dressed to play to the maximum extent practicable and limit time spent in locker rooms. Any locker room use must adhere to physical distancing and masking requirements.
• Plan facility schedules in a manner that avoids contact between different user groups, including staggered starts and sufficient time between games to minimize contact between arriving and departing cohorts.
• Prohibit team-based social gatherings until all other COVID-19-specific restrictions regulating sports leagues are fully lifted.
• Discourage multi-household carpools to team-based activities.
• Prohibit spitting or expulsion of bodily fluids of any sort on the playing service (field, court, ice, etc.), or anywhere in or around the playing service or in the facility.
• Prohibit sharing of water bottles.
• Regularly and thoroughly clean and disinfect equipment.
• Ensure teams maintain list of participants in each practice for 30 days to assist in contact tracing.

Participation by any Vermont-based team in games, meets or competitions, both within and outside of Vermont remains prohibited.

However, individual-focused snow sports that encourage social distancing, including downhill skiing, snowboarding, and Nordic skiing, may hold in-state competitions for athletes of any age in Vermont and those complying with the state’s quarantine rules if in accordance with snow sport competition rules promulgated by the Vermont Alpine Racing Association and Vermont’s snow sports academies. Under this limited exception, the number of participants must not exceed 25 individuals, although a competition may involve multiple groupings of 25 throughout the day if the groups do not interact with one another. This exemption does not allow athletes to travel into or outside of Vermont for competition without quarantining.

Consistent with the most current guidance available from the American Academy of Pediatrics, all children and adolescents (through age 22) diagnosed with COVID-19 infection, regardless of symptom severity, may not return to play until asymptomatic for at least 14 days and cleared by their primary care physician. Adult athletes or others (e.g. referees) who exercise vigorously during an athletic event diagnosed with COVID-19 should not return to play or vigorous exercise until asymptomatic for two weeks and cleared by their physician.

Any athlete or team that chooses to leave the state to participate in a recreational sports practice, scrimmage, pick-up game or competition, must complete a quarantine before returning to work, school or attending public events.

Indoor sports facilities should take steps to ensure adequate ventilation, including:

• Increase the volume of outdoor air to the maximum possible and reduce the volume of recirculated air being returned while the gym is occupied.
• Select maximum filtration levels for the HVAC unit.
• Ensure that the HVAC unit runs continuously while the facility is occupied, and that HVAC unit runs for at least two hours before and two hours after occupancy.

In accordance with Addendum 8, all other indoor and outdoor organized adult sports* remain suspended until further notice, including Vermont-based teams participating in interstate play.

*Professionally facilitated lessons and classes that provide individualized instruction to adults are not considered “organized sports” and may occur in accordance with Section 8.1 of the Work Safe Memo.

Phased Restart: Full list of sectors

10.1 Occupancy Limits for Event Venues (Weddings, Funerals, Parties, Concerts, Large Sporting Events)

Effective 10 p.m., November 14, all event venues, arts, culture, and entertainment venues, and restaurants serving the public shall suspend public or private social, recreational and entertainment gatherings, indoor and outdoor, including large social gatherings incidental to ceremonies, holiday gatherings, parties and celebrations, unless all participants are from the same household.

Venues may continue to host religious ceremonies, wedding ceremonies, funerals and other essential gatherings - but should not host the incidental receptions and parties that are often affiliated with these gatherings.

Venues shall suspend all events that encourage households to socialize, such as parties. However, they may continue to host retail events (such as craft fairs and ski swaps). Entertainment events at venues must comply with section 8.3 (Indoor Arts, Culture and Entertainment).

When hosting allowable ceremonies or retail events, an organization may accommodate:

• 50 percent of approved fire safety occupancy to the set maximum below; OR
• One customer/person per 100 square feet of customer facing space to the set maximum below if no fire safety occupancy is established.
• Operations may not exceed 75 total people for inside operations or events regardless of their fire safety occupancy or square footage calculation; AND
• Operations may not exceed 150 people for outside operations or events regardless of their fire safety occupancy or square footage calculation. 
• Staff and vendors are not counted in the maximum number.
• Food service operations at events must comply with the Restaurant, Catering, Food Service and Bars guidance.
• Event organizers must maintain an easily accessible log of customers and their contact information for 30 days in the event contact tracing is required by the Health Department. This must include at least the name and phone number of every attendee, including staff.
• **Outdoor service, events, and gatherings are strongly preferred.**
• Special guidance for large outdoor venues (race tracks, baseball and football stadiums, fairgrounds, outdoor concert venues)
  • Large outdoor event venues that can usually accommodate more than 1,000 people may be able to exceed the 150 maximum limit by creating multiple distinct event locations that meet the event criteria.
  • These distinct event locations within the same event must be separated by a physical barrier (fencing, rope, etc.) and at least 25 feet.
  • Signage must be prominently posted prohibiting groups interacting with other groups.
  • These venues must ensure that the 150 people in each distinct event location do not interact with one-another by providing separate:
    • Parking areas
    • Concessions and vendors
    • Bathrooms
    • Entrances and exits
  • All events must be pre-ticketed, no walk-up customers are allowed.
  • Event venues must maintain guest lists by grouping and information about what vendors had contact with each grouping for 30 days to assist in contact tracing.
• Special guidance for large indoor businesses (over 17,100 square feet)
  • Indoor businesses / spaces that exceed 17,100 feet, have 10’ ceilings or more, have no full walls interrupting the space, and have physical distancing plans in effect to prevent people from being within 6’ of each other, may have up to 150 people in the same space under the following conditions:
    • Capacity must remain below 50 percent fire occupancy.
    • The business / organization must break the group of 150 into separate units not to exceed 75.
    • The business must have a plan in place to ensure that no mixing between groupings occurs. For example, a bowling alley that measured 17,500 square feet could rope off half the lanes and have two separate groupings of 75 on each half of the lanes. Low-duration and low-contact interactions between groups (such as walking to a bathroom) is permitted if strict 6-foot physical distancing can be maintained.
    • The business must put systems in place to separate the groups, including clear signage and physical barriers such as ropes, prohibiting contact with people in other groupings.
    • Businesses must collect a name and phone number for all guests that includes the date and time the guest was in the space and maintain the logs for 30 days in the event of contact tracing.
• An event venue (indoors or outdoors) may host multiple maximum groupings through the day if the groups do not interact with one another. For example – a craft fair could schedule multiple different groups of 150 (if outdoors) or 75 (if indoors) throughout the day to come to a show as long as they staggered the arrivals, ensured all members of a group departed before the second group entered, and followed event guidance. Vendors would not count as part of the group of 75/150.

Phased Restart: Full list of sectors

11.1 College and University Campus Learning

Colleges and universities may provide in-person campus learning in accordance with the Mandatory Guidance for College and University Campus Learning published on the ACCD Restart webpage.

Phased Restart: Full list of sectors

12.1 Ski Resorts

Ski resorts must operate under the guidance issued on November 3, 2020 available at: accd.vermont.gov/content/vermont-ski-resort-covid-19-winter-operations-guidance

Phased Restart: Full list of sectors

If your business or circumstance does not meet these criteria, additional guidance will be forthcoming.

For additional information visit https://accd.vermont.gov/covid-19/business/restart