Gov. Kemp’s “Executive Order to Ensure a Safe and Healthy Georgia” announced on April 2 and extended on April 8 to last through 11:59 PM on April 30, 2020, includes federal guidance to determine “critical infrastructure” from the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (CISA), included on pages 7 - 19 of the state’s “Statewide Shelter In Place Handout” here.

On April 20, Gov. Kemp announced new guidance to allow more businesses the option to open on April 24 and 27 if they follow Minimum Basic Operations and specific health and wellness guidelines; while bars, nightclubs, amusement parks, public pools and live performance venues will remain closed.

Industry-specific guidance for these businesses is included in Governor Kemp’s executive order available here.

As of April 20, Elective medical practice providers are allowed to open, including dental practices, orthodontics practices, optometry practices, physical therapists, ambulatory surgical centers, physicians performing elective surgeries, healthcare institutions, medical facilities, and any and all other healthcare-related practices and services that ceased operations because of the spread of COVID-19 may begin treating patients as soon as it is realistically feasible in accordance with CDC guidelines to prevent the spread of COVID-19.
•  These providers are not subject to Minimum Basic Operations, but it is strongly suggested that they implement the 16 health and wellness guidelines suggested for Critical Infrastructure (in Category 2 below).

On Friday, April 24, in all jurisdictions, given the favorable data, enhanced testing, and approval of our healthcare professionals, the state will allow gyms, bowling alleys, tattoo parlors, barbers, hair and nail salons, and massage therapists to reopen their doors. This does not require any business to open. Any that do choose to open, must follow the “Minimum Basic Operations” required guidelines available to view in the executive order here.

On Monday, April 27, in all jurisdictions, theaters, and restaurant dine-in services will be allowed – but not required – to reopen, subject to social distancing and sanitation directions available to view in the executive order here.

Entertainment venues like bars, nightclubs, public pools, and amusement parks remain closed as the state continues to evaluate data.

Business Categories
A breakdown and description of three business categories, with descriptions of “critical” and “non-critical” infrastructure and requirements are listed below. Please read these guidelines in their entirety to understand how your business is impacted by this order as well as to help you make a self-determination as to whether your business is “critical infrastructure” and how best to proceed.

The only businesses that are required to cease in-person operations are those specifically listed in Governor Kemp’s executive order (Category 1 below). “Non-critical” businesses (Category 3 below), may maintain “minimum business operations” as long as they can follow the 20 safety guidelines in the Category 3 list below.

While the statewide executive order is in place, businesses fall into one of three categories:

Category 1: Required to Close

Businesses that must cease in-person operations and close to the public are:
•  Bars
•  Nightclubs
•  Theaters
•  Live performance venues
•  Amusement parks
•  Public Swimming Pools
•  Dine-in services at restaurants and private social clubs
    ◦  Exceptions: Take-out; curbside pick-up; delivery; and dine-in services at hospitals, healthcare facilities, nursing homes, or other long-term care facilities

Category 2: Critical Infrastructure

Businesses that fall into the category of “critical infrastructure” as determined by CISA are:
•  Chemical
•  Commercial Facilities
•  Communications
•  Critical Manufacturing
•  Dams
•  Defense Industrial Base
•  Emergency Services
•  Energy
•  Financial
•  Food & Agriculture
•  Government Facilities
•  Healthcare & Public Health
•  Information Technology
•  Nuclear Reactors, Materials & Waste
•  Transportation Services
•  Water

These businesses deemed “critical infrastructure” may continue operations, with a strong suggestion that they implement measures that mitigate the exposure and spread of COVID-19 among its workforce and fulfill the following requirements:
1.  Screening and evaluating workers who exhibit signs of illness, such as a fever over 100.4 degrees Fahrenheit, cough, or shortness of breath;
2.  Requiring workers who exhibit signs of illness to not report to work or to seek medical attention;
3.  Enhancing sanitation of the workplace as appropriate;
4.  Disinfecting common surfaces regularly;
5.  Requiring handwashing or sanitation by workers at appropriate places within the business location;
6.  Prohibiting Gatherings of workers during working hours;  
7.  Permitting workers to take breaks and lunch outside, in their office or personal workspace, or in such other areas where proper social distancing is attainable;
8.  Implementing teleworking for all possible workers;
9.  Implementing staggered shifts for all possible workers;
10. Holding all meetings and conferences virtually, whenever possible;
11. Delivering intangible services remotely, whenever possible;
12. Discouraging workers from using other workers’ phones, desks, offices, or other work tools and equipment;  
13. Prohibiting handshaking and other unnecessary person-to-person contact in the workplace;
14. If in use, open sales registers must be at least six (6) feet apart;
15. Point of sale equipment should be frequently cleaned and sanitized;
16. Placing notices that encourage hand hygiene at the entrance to the workplace and in other workplace areas where they are likely to be seen; and
17. Regarding PIN number and point of sale transactions, additional guidance was issued to clarify best practices to ensure these transactions remain safe. Retailers should ensure EBT card users can continue to access PIN pads to enter this information during transactions.
       (The shelter in place order allows suspending the use of Personal Identification Number (“PIN”) pads, PIN entry devices, electronic signature capture, and any other credit card receipt signature requirements if it is permitted by underlying credit card agency and company agreements.) 

Category 3: Non-Critical Infrastructure, Not Required to Close

Other businesses, not required to close by the executive order, and not considered “critical infrastructure” may continue their work to perform “minimum basic operations*,” and must fulfill the following requirements:
1.  Screening and evaluating workers who exhibit signs of illness, such as a fever over 100.4 degrees Fahrenheit, cough, or shortness of breath;
2.  If a retail business, posting a sign on the storefront stating that individuals who have a fever or other symptoms of COVID-19 shall not enter the store;
3.  Requiring workers who exhibit signs of illness to not report to work or to seek medical attention;
4.  Enhancing sanitation of the workplace as appropriate;
5.  Disinfecting common surfaces regularly;
6.  Requiring hand washing or sanitation by workers at appropriate places within the business location;  
7.  Prohibiting Gatherings of workers during working hours;  
8.  Permitting workers to take breaks and meals outside, in their office or personal workspace, or in such other areas where proper Social Distancing is attainable;
9.  Implementing teleworking for all possible workers;
10. Implementing staggered shifts for all possible workers;
11. Holding all meetings and conferences virtually, whenever possible;
12. Delivering intangible services remotely, whenever possible;
13. Discouraging workers from using other workers’ phones, desks, offices, or other work tools and equipment;  
14. Prohibiting handshaking and other unnecessary person-to-person contact in the workplace;  
15. Placing notices that encourage hand hygiene at the entrance to the workplace and in other workplace areas where they are likely to be seen;
16. Enforcing Social Distancing of non-cohabitating persons while present on such entity’s leased or owned property;
17. For retailers and service providers, providing for alternative points of sale outside of buildings, including curbside pick-up or delivery of products and/or services if an alternative point of sale is permitted under Georgia law;
18. Open sales registers must be at least six (6) feet apart;
19. Point of sale equipment should be frequently cleaned and sanitized;
20. Increasing physical space between workers and patrons  
21. Regarding PIN number and point of sale transactions, additional guidance was issued to clarify best practices to ensure these transactions remain safe. Retailers should ensure EBT card users can continue to access PIN pads to enter this information during transactions.
     (The shelter in place order allows suspending the use of Personal Identification Number (“PIN”) pads, PIN entry devices, electronic signature capture, and any other credit card receipt signature requirements if it is permitted by underlying credit card agency and company agreements.) 

*For businesses that are not deemed “critical infrastructure,” minimum basic operations are limited to:
  1.  The minimum necessary activities to maintain the value of a business, establishment, corporation, non-profit corporation, or organization, provide services, manage inventory, ensure security, process payroll and employee benefits, or for related functions. Such minimum necessary activities include remaining open to the public subject to the restrictions of this Order.
  2.  The minimum necessary activities to facilitate employees or volunteers being able to work remotely from their residences or members or patrons being able to participate remotely from their residences.
  3. Instances where employees are working outdoors without regular contact with other persons, such as delivery services, contractors, landscape businesses, and agricultural industry services.

INDUSTRY SPECIFIC GUIDELINES

HEALTH CARE BUSINESS GUIDELINES:

That, effective immediately, any person, service, or entity delivering healthcare during the effective dates of this Order shall adhere to the guidelines for Critical Infrastructure in addition to the guidelines listed in this Section. 

Dental practices, and clinics that continue in-person operation during the effective dates of this Order shall adhere to the American Dental Association’s Interim Guidance for Minimizing Risk of COVID-19 Transmission and Interim Mask and Face Shield Guidelines and that any previous Executive Order or rule which would prevent dental practices and clinics from providing the full scope of their services subject to the above requirements is hereby suspended. 

Licensed optometrists and their staff that continue in-person operation during the effective dates of this Order shall adhere to the American Optometric Association’s Practice Reactivation Preparedness Guide and the Georgia Optometric Association’s COVID-19 guidelines for practices issued March 17, 2020 and updated April 20, 2020. Any previous executive order or departmental rule which would prevent optometrists from providing the full scope of their services subject to the above requirements is hereby suspended.
 
Licensed opticians and their staff that continue in-person operation during the effective dates of this Order shall adhere to the Centers for Disease Control and Prevention’s Recommendations for Office Disinfection and Recommendations for Employers. Any previous executive order or departmental rule which would prevent opticians from providing the full scope of their services subject to the above requirements is hereby suspended. 

Ambulatory Surgical Centers that continue in-person operation during the effective dates of this Order shall implement additional measures to prevent the spread of COVID-19 as practicable. Such measures may include, but shall not be limited to the following, which shall be implemented to the maximum extent practicable: 

1. Screening patients before visits and monitoring their health prior to starting surgery as part of the pre-operative procedure; 
2. Requiring staff to self-monitor and screen for viral symptoms daily; 
3. Continuing to use Personal Protective Equipment per the latest Centers for Disease Control and Prevention recommendations for all procedures; 
4. Following waiting room spacing guidelines, Social Distancing, face masking, and other recommended procedures for patients and visitors prior to entering the facility; 
5. Ensuring heightened disinfection to prevent and mitigate risk of spread; 
6. Ensuring patients have been medically cleared by their primary care physician where applicable; 
7. Balancing the needs of patient care with the risk of providing that care by prioritizing procedures for patients who have lower co-morbidities and surgical risks and procedures accompanied by lower risk with regard to airborne transmission and those with minimal risk of unintended hospital admissions; 
8. Performing regular rapid COVID-19 testing on providers and employees where feasible; and 
9. Performing COVID-19 testing on patients suspected to be experiencing COVID-19 and factoring the results of such testing into clinical decisions as to whether or not to proceed with procedures. 

Any previous executive order or departmental rule which would prevent ambulatory surgical centers from providing the full scope of their services subject to the above requirements is hereby suspended. 

That to the extent possible, hospitals, healthcare institutions, medical facilities, nursing homes, and other long-term care facilities should offer in-room dining. 

RESTAURANT AND DINING SERVICE GUIDELINES:

Restaurants and dining services shall adhere to the industry-specific guidelines below. 

Please note that none of these provisions shall apply to the operation of dine-in services in hospitals, healthcare facilities, nursing homes, or other long-term care facilities – as these services remain prohibited for medically-fragile persons. 

For restaurants, no more than ten (10) patrons should be allowed in the facility per 500 square feet of public space. In calculating the total number of public space square feet, such calculation shall include waiting and bar areas, if any, but shall not include hallways, restrooms, and spaces closed to patrons. 

Restaurants and dining rooms, including those at private social clubs, are permitted as of April 27, to resume providing dine-in services.  All restaurants and dining rooms that operate during the effective dates of this order shall implement measures which mitigate the exposure and spread of COVID-19 among its patrons and workforce.  Such measures shall include the following: 

1. Screen and evaluate workers who exhibit signs of illness, such as a fever over 100.4 degrees Fahrenheit, cough, or shortness of breath; 
2. Require workers who exhibit signs of illness to not report to work or to seek medical attention. Per existing U.S. Food and Drug Administration Food Code requirements, employees who are sick should remain home. If an employee becomes ill or presents signs of illness at work, the operator should identify the employee’s condition during a pre-work screening and send the employee home. Restaurants shall create, maintain, and follow established policies regarding when employees who have become ill are permitted to return to work.  An employee with known or suspected COVID-19 must follow Centers for Disease Control and Prevention guidelines to self-isolate for at least seven (7) days after symptom onset and end isolation only after symptoms have improved and the employee has been fever-free and/or symptom-free for three (3) consecutive days without medication before returning to work; 
3. Implement teleworking for all possible workers; 
4. Implement staggered shifts for all possible workers; 
5. Hold all meetings and conferences virtually, whenever possible; 
6. Train all employees on the importance and expectation of increased frequency of handwashing, the use of hand sanitizers with at least 60% alcohol, and provide clear instruction to avoid touching hands to face; 
7. Require all employees to wear face coverings at all times. Such coverings shall be cleaned or replaced daily;  
8. Discourage workers from using other workers’ phones, desks, offices, or other work tools and equipment;  
9. Where possible, stagger workstations to avoid employees standing adjacent to one another or next to each other. Where six (6) feet of separation is not possible, consider spacing options that include other mitigation efforts with increased frequency of cleaning and sanitizing surfaces; 
10. Establish limit numbers to reduce contact in employee breakrooms; 
11. Prohibit handshaking and other unnecessary person-to-person contact in the workplace;  
12. Enforce Social Distancing of non-cohabitating persons while present on such entity’s leased or owned property; 
13. Increase physical space between workers and patrons; 
14. Limit contact between wait staff and patrons;  
15. Discard all food items that are out of date; 
16. Discontinue use of salad bars and buffets; 
17. If providing a “grab and go” service, stock coolers to no more than minimum levels; 
18. Ensure the Food Safety Manager certification of the person in charge is up-to-date and provide food handler training to refresh employees; 
19. Thoroughly detail, clean, and sanitize the entire facility prior to resuming dine-in services and continue to do so regularly, focusing such cleaning and sanitation on high contact areas that would be touched by employees and patrons; 
20. Between diners, clean and sanitize table condiments, digital ordering devices, check presenters, self-service areas, tabletops and commonly touched areas, and discarding single-use items;  
21. Use rolled silverware and eliminate table presets; 
22. Remove items from self-service drink, condiment, utensil, and tableware stations and have workers provide such items to patrons directly wherever practicable; 
23. The use of disposable paper menus is strongly encouraged, which should be discarded after each patron use.  Otherwise, businesses subject to this Section shall clean and sanitize reusable menus between each use by a patron. Non-touch menus are also acceptable for use. 
24. Clean and sanitize restrooms regularly, check restrooms based on the frequency of use, and ensure adequate supply of soap and paper towels at all times; 
25. Implement procedures to increase cleaning and sanitizing frequency of surfaces in the back-of-house. Avoid all food contact surfaces when using disinfectants; 
26. Check restrooms regularly and clean and sanitize based on frequency of use; 
27. Update floor plans for common dining areas, redesigning seating arrangements to ensure at least six (6) feet of separation from seating to seating.  Utilize physical barriers on booth seating when available; 
28. Limit party size at tables to no more than six;  
29. Where practical, consider a reservations-only business model or call-ahead seating; 
30. Remind third-party delivery drivers and any suppliers of your internal distancing requirements; 
31. Post signage on entrances that no one with a fever or symptoms of COVID-19 is permitted in the facility; 
32. Where practicable, physical barriers such as partitions or Plexiglas at registers should be used; 
33. Use technological solutions where possible to reduce person-to-person interaction: mobile ordering, mobile access to menus to plan in advance, text on arrival for seating, and contactless payment options; 
34. Provide hand sanitizer for use by patrons, including contactless hand sanitizing stations when available; 
35. Do not allow patrons to congregate in waiting areas or bar areas. Design a process to ensure patron separation while waiting to be seated that can include floor markings, outdoor distancing, or waiting in cars; 
36. If possible, use an exit from the facility separate from the entrance; 
37. Mark ingress/egress to and from restrooms to establish paths that mitigate proximity for patrons and staff; 
38. Where practicable, take-out and curbside pick-up services should be prioritized over dine-in services; and 
39. All restaurant or dining room playgrounds shall be closed.    

Further, to the extent that the provisions of Section IV of this Order, titled “Restaurants & Dining Services,” conflict with the provisions of Section V of this Order, titled “Industry & Commerce,” (starting on page 10 in the executive order) the provisions of Section IV shall control. 

FOOD ESTABLISHMENT (SUCH AS RETAIL AND WHOLESALE GROCERY STORES) GUIDELINES:

Food establishments (such as retail and wholesale grocery stores, but not to include food processing plants or wholesale sandwich and salad manufacturers) shall adhere to the guidelines for Critical Infrastructure – along with additional industry-specific guidelines below. 

1. Limiting the number of patrons inside the store to 50% of fire capacity occupancy or eight (8) patrons per 1,000 square feet; 
2. Encouraging patrons to use hand sanitizer upon entering; 
3. Encouraging non-cash payments when possible; 
4. Sanitizing entrance and exit doors at least three times per day; 
5. Encouraging workers to report any safety and health concerns to the employer; 
6. Installing protective screens or other mitigation measures where worker-patron interactions are likely; and 
7. Providing additional hand sanitizer within the business. 

Food establishments (such as retail and wholesale grocery stores, but not to include food processing plants or wholesale sandwich and salad manufacturers) may also include, but shall not be limited to the following, which shall be implemented to the maximum extent practicable: 

1. Scheduling specific hours of operation for vulnerable populations to shop without other patrons; 
2. Reducing store hours to allow for increased cleaning and sanitation while the store is closed; 
3. Enacting policies and procedures to encourage Social Distancing for patrons and employees. Measures may include: 
   • Protective Plexiglass screens at service counters and at cash registers; 
   • Decals on the floor or aisles with messaging on Social Distancing; 
   • Signs throughout the store giving visuals on Social Distancing; 
   • Limited occupancy if store becomes too crowded; and 
   • Use of one-way aisles 
4. Providing Personal Protective Equipment as available and appropriate to the function and location of the worker within the business location; 
5. Encouraging patrons to wear face coverings; 
6. Utilizing in-store messaging to educate and remind patrons and employees on recommended hygiene and Social Distancing; 
7. Discontinuing sampling or cooking stations; 
8. Closing self-serve salad bars and buffets; 
9. Adding additional staff to specifically oversee increased sanitation of grocery carts, and other high-touch areas such as door handles, point of sales equipment, conveyor belts, and other surfaces; 
10. Checking restrooms regularly, cleaning and sanitizing based on frequency of use, and ensuring adequate supply of soap and paper towels at all times; 
11. Allowing time for frequent hand washing for employees, including cashiers, that interact directly with patrons; 
12. Increasing or add hand sanitizing stations around stores for patrons and employees; and 
13. Procuring options with third-party cleaning companies to assist with the increased cleaning demands as needed. 

BODY ART STUDIO, ESTHETICIAN, HAIR DESIGNER, MASSAGE THERAPY, AND TANNING FACILITY GUIDELINES:

Named industries and individuals working in these industries shall adhere to the guidelines for Non-critical Infrastructure – in addition to industry-specific additional guidelines below. 

Body art studios, estheticians, hair designers, persons licensed to practice massage therapy, and tanning facilities shall implement additional measures to prevent the spread of COVID-19, as practicable. Such measures shall include: 

1. Providing services by appointment only. Walk-in patrons should not be allowed; 
2. Patrons should be required to sanitize their hands upon entering the facility and before any treatment; 
3. Providing hand sanitizer or sanitization wipes to patrons upon arrival; 
4. Posting signs at the entrance and at eye-level at each workstation stating that any patron who has symptoms of COVID-19 must reschedule their appointment; 
5. Allowing only one patron per service provider in the business at any one time; 
6. Allowing one parent to be within a facility if a minor child is receiving a haircut; 
7. Requiring patrons to wait in car their until service provider is ready; 
8. Staggering use of every-other workstation or spacing workstations more than ten (10) feet apart, whichever option is practicable given the facility’s configuration; 
9. Staggering work schedules so that no more than 50% of the normal number of employees providing services will be in the business at a time; 
10. Requiring all employees to wear Personal Protective Equipment as available and appropriate to the function and location of the worker within the business location; 
11. Sanitizing all equipment, chairs, and tables used by employees and patrons between each client visit; 
12. Utilizing disposable materials and supplies as much as practicable according to state rules and regulations; and 
13. Training all employees on additional measures both verbally and in writing. 

GYM AND FITNESS CENTER GUIDELINES:

Gyms and fitness centers shall adhere to the guidelines for Non-critical Infrastructure – along with additional industry-specific guidelines below. 

1. Placing signage at any entrance to instruct patrons that they cannot enter if they have been diagnosed with COVID-19, had symptoms of COVID-19, or had contact with a person that has or is suspected to have COVID-19; 
2. Placing signage at any entrance and throughout the facility to instruct patrons of the enhanced sanitation procedures, Social Distancing requirements, and other instructions and limitations, as applicable, set forth below;   
3. Screening patrons at entrance. Patrons exhibiting a temperature greater than 100.4 degrees Fahrenheit, cough, shortness of breath, or other respiratory symptoms shall not be permitted to enter;   
4. Limiting occupancy to enforce Social Distancing requirements and to prohibit Gatherings; 
5. Utilizing contactless forms of patron check-in;   
6. Providing hand sanitizer stations for patrons and encouraging use;  
7. Providing sanitation wipes at or near each piece of equipment and requiring users to wipe down the equipment before and after use; 
8. Requiring workers to patrol patron areas to enforce the equipment wipe-down policy and conduct additional cleanings during times when equipment is not being used; 
9. Limiting use of cardio machines to every other machine to maintain acceptable Social Distancing between users; 
10. Enforcing Social Distancing and prohibiting congregating between non-cohabitating patrons.  Patrons should be encouraged to conduct their workout and exit the facility without unnecessary delay;  
11. Halting the provision of group classes; 
12. Halting the provision of in-facility child care services;  
13. Closing the following facilities and equipment within a gym or fitness center: pools, basketball courts and other group sport areas, hot-tubs, saunas, steam rooms, and tanning beds; 
14. Limit locker room use and avoid use if possible;   
15. Requiring patrons to spray showers with a provided cleaning spray after use; and 
16. Requiring workers to clean and sanitize bathrooms and locker rooms regularly throughout the opening hours in addition to the regular cleaning schedule.

INDOOR MOVIE THEATER AND CINEMA GUIDELINES:

Indoor movie theaters and cinemas shall adhere to the guidelines for Non-critical Infrastructure – along with additional industry-specific guidelines below. 

1. Each party of patrons must be seated at least six (6) feet apart. No party seated together may number more than six (6) individuals; 
2. At least one usher must be used in each theater room before and at some point, during each showing to ensure that proper Social Distancing protocol is enforced; 
3. Seats, armrests, handrails, doors, doorknobs, and door handles in each theater must be thoroughly sanitized before and after each showing; 
4. Tape must be applied to floors at ticket counters and concession stands to enforce proper Social Distancing protocol for patrons who are waiting in line;  
5. Restrooms must be cleaned and disinfected regularly, and touchpoints must cleaned no less than once per hour; 
6. Food service areas must adhere to the same guidelines set forth in Section IV, titled “Restaurants & Dining Services”, above; 
7. Party rooms located at theaters may not host parties or Gatherings; and 
8. Closing playgrounds and arcade rooms, if any.  

BOWLING ALLEY GUIDELINES:

Bowling alleys shall adhere to the guidelines for Non-critical Infrastructure – along with additional industry-specific guidelines below. 

1. Placing signage at entrance and throughout the facility to instruct patrons of Social Distancing requirements and other instructions and limitations, as applicable; 
2. Providing hand sanitizer stations for patrons throughout the facility; 
3. Food service areas must adhere to the same guidelines set forth in Section IV, titled “Restaurants & Dining Services”, above; 
4. Tape must be applied to floors at ticket counters and rental stations to enforce proper Social Distancing protocol for patrons who are waiting in line; 
5. Removing items from all self-service bowling ball, bowling shoe, and other bowling accessory stations and have workers provide such items to patrons directly;  
6. Allowing groups of six (6) patrons or less per lane;  
7. Staggering use of lanes so that only every other lane or every third lane is in use to maintain proper Social Distancing between groups of patrons. Each party of patrons must be seated at least six (6) feet apart; 
8. Score keeping machines, ball returns, tables, seats, and other fixtures at each bowling lane must be thoroughly sanitized before and after each use; 
9. Bowling balls and bowling shoes must be thoroughly sanitized before and after each use;  
10. Party rooms located at bowling alleys may not host parties or Gatherings; and 
11. Closing playgrounds and arcade rooms, if any.  

COVID-19 Resources:

•  For DPH COVID-19 Daily Status Report, click here.
•  For small business resources, click here.
•  For tourism and travel information, click here.
•  For information on how manufacturers and distributors can help fight COVID-19, click here.