Ohio Implements New COVID-19 Mandates: What Businesses Need to Know

As COVID-19 cases and hospitalizations are rapidly surging, Governor DeWine has once again called on the citizens of Ohio to commit to taking action to slow down the spread of the virus. Within the past week, Governor DeWine has amended the state’s mask mandate and social gathering order to include additional requirements for compliance (already in effect) and has also announced a new state-wide curfew for three weeks beginning on Thursday, November 19th at 10 p.m..

Here’s what you need to know. Some action on your part may be required.

Revised Mask Mandate:

Businesses must: 

1. Post a sign at all public entrances stating that face masks are required; and 

2. Enforce mask wearing for all customers and employees. 

3. Designate a “compliance officer” to ensure everyone wears a mask upon entry during all business hours.

This revision creates a new Retail Compliance Unit composed of agents led by the Ohio Bureau of Workers Compensation. All retail establishments are subject to potential compliance inspection. Failure to post required signage or to enforce mandatory face coverings will result in a “written warning” for the  first offense and a 24-hour closure of the business on the second offense. The mandate authorizes police agencies and local health departments to enforce this order.

Revised Social Distancing Order: 

Businesses must:

1. Restrict public and private gatherings to ten (10) or fewer people; 

2. Close open areas where people may congregate; 

3. Require everyone to be seated; and 

4. Require everyone to wear a face mask unless they are actively eating or drinking. 

While these requirements are applicable to all businesses, particular attention to compliance by bars and restaurants is paramount. These types of establishments are more likely to have difficulty enforcing social distancing requirements as prone to social gatherings, and it is likely that enforcement efforts will fall more heavily on these businesses. 

New State-Wide Curfew:

Beginning on Thursday, November 19th at 10 p.m., all Ohio residents will be subject to a mandatory state-wide curfew for at least three weeks.

1. The curfew requires that all residents be in their homes between the hours of 10 p.m. and 5 a.m. with limited exceptions.

2. Exceptions include those who need to be at work, seek medical attention, or those grocery shopping, drive-through food service, and pickup food services.

In addition to the parameters imposed by the curfew, Governor DeWine urges citizens to make additional efforts to cut down trips outside of the home and say no to social activities as healthcare professionals around the state warn of hospitals reaching capacity and challenges with staffing. This comes as half of Ohio’s COVID-19 cases over the past 8 months have been recorded in the last six (6) weeks and as the total number of infections in the state has increased by 42% since November 1st alone. 

Governor DeWine’s new orders are an express attempt to try to avoid another shutdown of businesses already struggling after the state’s first mandated shut down this spring. However, if COVID-19 cases continue to surge uncontrollably, another shutdown may be imposed, likely impacting restaurants, bars, and fitness centers first. While there’s no guarantee that these measures will avoid a shutdown, it is guaranteed that another shutdown is imminent if we cannot slow the spread of the virus significantly and change our current trajectory, as these measures aim to do. The only hope to avoid another shutdown is if we strictly comply with these measures, wear a face mask when in public, avoid social gatherings with friends and family, practice appropriate social distancing and hand-washing measures, and stay home as much as possible. The future viability of our local community and small businesses may depend on it.