We recommend reviewing the Illinois Governor’s Phase Three Reopening Order (EO-38), the Department of Commerce & Economic Opportunity’s (DCEO) Phase Three Recovery Retail Guidelines, and the Illinois Department of Public Health’s (IDPH) Workplace Health and Safety Guidance for Employees and Staff of Businesses.

EO-38 provides that businesses should: (1) ensure that employees practice social distancing and wear face coverings when social distancing is not always possible, (2) ensure that all visitors to the workplace (such as customers and vendors) practice social distancing or wear face coverings if six feet of social distance is not possible at all times, and (3) prominently post the guidance from the IDPH regarding workplace safety during the COVID-19 emergency.

EO-38 also provides that retail stores must ensure all employees practice social distancing and follow the DCEO guidelines, which include: (1) providing face coverings to all employees who are not able to maintain six feet of social distancing at all times, (2) capping occupancy at 50% of store capacity or limiting occupancy based on square footage as set by the DCEO, and (3) communicating with customers through in-store signage about the social distancing and face covering requirements set forth in EO-38. Although EO-38 does not define the term “retail store,” the IDFPR’s Division of Banking has confirmed that financial institutions should follow the same precautions as retail stores.

The DCEO guidelines for retail stores also suggest displaying visual markers six feet apart at customer queue points and, if practical, installing impermeable barriers between employees and customers and implementing touchless transactions. The DCEO guidelines also suggest “where building management practices allow, increasing air turnover rates in occupied spaces and increase outside make-up air to the maximum extent practical.”

In addition to social distancing and face covering requirements, the IDPH guidance also states that employers should: (1) provide handwashing stations with soap, clean water, and single use paper towels, (2) provide hand sanitizer with at least 60% alcohol for employees and customers, and (3) regularly clean high-touch surfaces. The IDPH also has published guidance stating that you may require customers to temporarily remove their face coverings for purposes of checking identification — provided your staff stands behind a partition (or at least six feet away) when the customer lowers their face covering, and you make hand sanitizer available to the customer to use before lowering their face covering.

Also, we note that in addition to posting the IDPH guidance, you should post the U.S. Department of Labor’s Families First Coronavirus Response Act (FFCRA) model notice in your branches.

For resources related to our guidance, please see:

• Illinois Executive Order 2020-38 (May 29, 2020) (“All businesses must:

• continue to evaluate which employees are able to work from home, and are encouraged to facilitate remote work from home when possible;

• ensure that employees practice social distancing and wear face coverings when social distancing is not always possible;

• ensure that all spaces where employees may gather, including locker rooms and lunchrooms, allow for social distancing; and

• ensure that all visitors (customers, vendors, etc.) to the workplace can practice social distancing; but if maintaining a six-foot social distance will not be possible at all times, encourage visitors to wear face coverings; and

• prominently post the guidance from the Illinois Department of Public Health (IDPH) and Office of the Illinois Attorney General regarding workplace safety during the COVID-19 emergency.”)

• Illinois Executive Order 2020-38 (May 29, 2020) (“Retail stores must ensure all employees practice social distancing and must take appropriate additional public health precautions, in accordance with DCEO guidance, which include:

• provide face coverings to all employees who are not able to maintain a minimum six-foot social distance from customers and other employees at all times;

• cap occupancy at 50 percent of store capacity, or, alternatively, at the occupancy limits based on store square footage set by the Department of Commerce and Economic Opportunity;

• communicate with customers through in-store signage, and public service announcements and advertisements, about the social distancing and face covering requirements set forth in this Order . . .”)

• Illinois Executive Order 2020-38 (May 29, 2020) (“Any individual who is over age two and able to medically tolerate a face covering (a mask or cloth face covering) shall be required to cover their nose and mouth with a face covering when in a public place and unable to maintain a six-foot social distance. This requirement applies whether in an indoor space, such as a store, or in a public outdoor space where maintaining a six-foot social distance is not always possible.”)

• DCEO, Phase 3: Recovery — Retail Guidelines (“Physical Workspace . . . ii. Encouraged best practices (1.) Display visual markers 6-ft. apart at customer queue points (2.) If practical, install impermeable barrier between employee and customer at checkout (3.) If practical, implement touchless transactions . . . (5.) Where building management practices allow, increase air turnover rates in occupied spaces and increase outside make-up air to the maximum extent practical”)

• DCEO, Phase 3: Recovery — Retail Guidelines (“Staffing and Attendance

i. Minimum guidance (1.) Maximum of 50% of store capacity OR 5 customers allowed per 1000 sq. ft. of retail space (see DCEO guidance) (2.) Retailer should design a plan to allow for social distancing within the workplace and if needed, designate employee(s) to monitor capacity limits and social distancing (3.) Retailer should limit the occupancy of common areas/ break rooms to allow for social distancing of 6-ft or greater by removing/decommissioning furniture or staggering break times; this guideline is not intended to diminish employees break time requirements

ii. Encouraged best practices (1.) Stagger shift start and end times to minimize congregation of employees during changeovers (2.) If practical, group employees in clusters and schedule groups on same shifts to reduce cross-team exposure”)

• DCEO, Phase 3: Recovery — Retail Guidelines (“Customer Behaviors i. Minimum guidelines (1.) Customers should wear face coverings over their nose and mouth (exceptions can be made for people with medical conditions or disabilities that prevent them from safely wearing a face covering) . . .”)

• Illinois Department of Public Health, Workplace Health and Safety Guidance for Employees and Staff of Businesses (May 4, 2020) (“[Y]our employer should:

• Make sure that you can maintain at least 6 feet of physical separation between yourself and others around you, including your co-workers and customers.

• Mark with signage or tape 6-foot spacing for employees and customers to maintain appropriate distance from one another.

• Provide face coverings to employees, especially when it is not possible to maintain at least 6 feet of space between you and another person.

• Provide handwashing stations with soap, clean water, and single use paper towels and encourage frequent handwashing for 20 seconds or longer.

• Provide hand sanitizer (with at least 60% alcohol) & sanitizing products for employees and customers.

• Regularly clean high-touch surfaces including doorknobs, light switches, shared equipment, toilet handles, sink faucets, and clock in/out areas.”)

• Illinois Department of Human Rights, FAQ for Businesses Concerning Use of Face-Coverings During COVID-19 (May 11, 2020) (“Can a business require that I remove my face-covering in order to check my identity? Yes. There are certain circumstances when you may be required by a business to temporarily remove your face-covering for the purpose of checking identification, such as if you are purchasing alcohol, cannabis, or certain medicine. If you are asked to remove your face-covering in order to check identification, you should stand behind a partition, when present, or at least six feet away from other people and remove your face-covering carefully and without touching your face or the inside of the face-covering. You may ask the business to use hand sanitizer before removing your face-covering.”)

• FFCRA, Sec. 5103 (“(a) In General. Each employer shall post and keep posted, in conspicuous places on the premises of the employer where notices to employees are customarily posted, a notice, to be prepared or approved by the Secretary of Labor, of the requirements described in this Act. (b) Model Notice. Not later than 7 days after the date of enactment of this Act, the Secretary of Labor shall make publicly available a model of a notice that meets the requirements of subsection (a).”)

• Department of Labor, Families First Coronavirus Response Act Notice – Frequently Asked Questions (“Each covered employer must post a notice of the Families First Coronavirus Response Act (FFCRA) requirements in a conspicuous place on its premises. An employer may satisfy this requirement by emailing or direct mailing this notice to employees, or posting this notice on an employee information internal or external website.”)

• Department of Labor, Employee Rights — Paid Sick Leave and Expanded Family and Medical Leave Under the Families First Coronavirus Response Act (March 2020)