NOT JUST GUIDELINES: CIVIL PENALTIES ISSUED FOR NON-COMPLIANCE WITH COVID OPERATIONAL REQUIREMENTS
Author:
Lynnette V. Macomber, Esq.
November 19, 2020
On Wednesday, November 18, the New Hampshire Attorney General’s Office announced that it had issued violation and enforcement letters against at least five business for operating in violation of the Governor’s Emergency Order 52. Order 52 requires “all businesses and other organizations operating within this State” during Covid-19 to comply with the Universal Guidelines and any other industry-specific guidelines issued by the State. The citations announced Wednesday were all for businesses operating in the food service industry.
Three of the letters issued by the Attorney General’s Office assessed a civil penalty of $500.00 based on findings of repeated violations, where staff were not wearing face coverings on at least 3 occasions. Two other letters or “enforcement notices” warned against further violations but did not include penalties assessed.
The letters warn that violating the guidelines could result in civil penalties of up to $1,000 per violation, or up to $2,000 per day, depending on the nature of the violation.
Read the full letters here: https://www.doj.nh.gov/news/2020/20201118-eo-52-violations.htm.
How Can I Avoid A Penalty?
All employers must follow the State’s Universal Guidelines, which can be found at:
https://www.covidguidance.nh.gov/sites/g/files/ehbemt381/files/files/inline-documents/guidance-universal.pdf. This document also contains links to guidance issued by the Center for Disease Control and Prevention (CDC), which the Universal Guidelines require business operators to review, monitor, and follow.
In addition, industry-specific guidelines are located at: https://www.covidguidance.nh.gov/.
Food service establishments should ensure they are following the Covid-19 Reopening Guidance for Restaurants and Dining: https://www.covidguidance.nh.gov/sites/g/files/ehbemt381/files/files/inline-documents/guidance-restaurants.pdf.
Employers should also instruct employees on how to raise safety concerns within the workplace, and remind employees that they can do so without fear of reprisal. Any reports should be documented with a notation made as to how the matter was addressed and resolved.
Employer Takeaway
The Attorney General’s Office intends to enforce the Covid-19 reopening “guidelines” – which are not just guidelines, but mandatory requirements. Employers should be prepared to follow the Universal Guidelines and any applicable industry-specific requirements, as violations can result in civil penalties.
Please contact any of the attorneys in Devine Millimet’s Labor & Employment Practice Group with questions regarding COVID-19 compliance matters.
Email Updates: