New York State Revises Safety Plan Requirements

On June 26th, New York State published a revised Interim Guidance for Vehicle Sales, Leases, and Rentals During the Covid-19 Public Health Emergency. 

Dealers must become thoroughly familiar with the revised guidance and affirm again that you have read and understand the updated guidance. You will also need to replace the previous guidance in your Safety Plan with the current guidance, dated June 26, 2020.

There are three important changes to the guidelines.

1. The State clarified rules that prohibit you from keeping temperature data records for anyone entering your dealership. However, you are allowed to keep records about whether any of your employees, visitors, or customers have failed a screening questionnaire. Remember, you cannot require your customers to complete the screening questionnaire. 

2. Food service may resume in your dealership, if you are operating in an area that has entered Phase 3. Dealerships are still prohibited from offering self-serve or buffet-style food stations. And before offering food service, dealers must also affirm they have read, follow closely, and post these food service guidelines in their dealership.

3. The last change was to the revised guidelines is about Managing Employees Who Have Been Diagnosed or Exposed to COVID-19. See details are below.  

• The latest version of the complete NYS Guidance, which includes these revisions, can be found here.

• A list of the latest NYS mandatory and recommended best practices can be found here.

Managing Employees Who Have Been Diagnosed or Exposed to COVID-19

New York State has developed rules for several scenarios in which COVID-19 affects your workplace. Below is a brief description of those rules: 

1. Employee Tests Positive
   These employees may return to work only after either: 

   1. Completing at least 10 days of isolation from the onset of symptoms; or 

   2. Completing 10 days of isolation after the first positive test if they remain asymptomatic.
       

2. Employee is Symptomatic, and Had Close Contact with Someone with COVID-19
   These employees must complete at least 10 days of isolation from the onset of symptoms. 
    

3. Employee is Not Symptomatic, but Had Close Contact with Someone with COVID-19
   These employees may return to work after completing 14 days of self-quarantine. However, these workers may return to work if you deem them “essential and critical” to the “operation or safety of the workplace.” But they must adhere to a strict protocol and you must document their compliance with it. 
   
   The protocol is as follows:

   1. Regular Symptom and Temperature Monitoring: The employee must take their temperature every 12 hours and monitor for COVID-19 symptoms. The employee must monitor these symptoms under the supervision of their employer’s occupational health program. 

   2.  Wear a Mask: During the 14 days after exposure, the employee must wear a face mask at all times in the workplace. 

   3. Social Distancing: Your employee must maintain, at least, six feet of distance from others at all times. 

   4. Cleaning and Disinfect Workspaces: The dealership must continue to regularly clean and disinfect all areas, such as offices, bathrooms, common areas, and shared equipment. 

   5. Quarantine While Not at Work: For 14 days, your employee must self-quarantine and self- monitor for temperature and symptoms when not at work. 
       

4. Employee is Symptomatic, But Had No Close Contact with Anyone Diagnosed with COVID-19
   You must separate these employees and send them home immediately. They may only return to work after 10 days of isolation, or after receiving a negative COVID-19 test result. 

A copy of this Guidance from the Department of Health can be found here.

If you have questions about your Safety Plan or anything else, call the Dealer Hotline at 718.746.5900.