It’s been over three weeks since Governor Andrew Cuomo issued his New York On Pause executive order, calling for all non essential businesses to cease operation as the state deals with the COVID-19 novel coronavirus state of emergency. Since first being announced the executive order has now been extended until April 29, 2020.
Part of the executive order requires oversight and enforcement by both state and local law enforcement agencies to ensure non-essential businesses are not in violation.
But even those businesses that are allowed to remain open (i.e. – essential businesses and services) are also required to implement rules that help facilitate social distancing. They must also comply with the state’s standard guidance and directives for maintaining a clean and safe work environment.
Any individual who violates the “social distancing” order, including hosting a party, can be fined $1,000 for each violation. For businesses, violators of the executive order can be fined anywhere from $2,000 per incident to as much as $10,000.
According to the Albany Times-Union, as of Friday, April 10, the state attorney general’s office had reportedly received more than 7,100 complaints of employers allegedly ignoring COVID-19 related restrictions and protocols. the specific incidents or locations were not disclosed. Of those complaints, over 4,000 were referred to the New York State Department of Labor.
The attorney general’s office also said that is had contacted more than 375 employers and sent out 38 letters ranging from cease-and-desist directives to requests for information on safety precautions the employers are taking.
Governor Cuomo also established the New York State PAUSE Enforcement Assistance Task Force where individuals can file complaints regarding the operation of non-essential businesses or social gatherings. Complaints can be made 24 hours a day, 7 days a week by calling 1-833-789-0470 or by completing an online complaint form.
Once a complaint is made, the task force will review it for completeness, accuracy, and applicability under the Governor’s Executive Orders. If the task force believes a complaint is warranted, it will be referred to our local police departments or Sheriff’s Office for further investigation and enforcement.
For employees who have COVID-19-related complaints against their employers, they can file a complaint with the New York State Department of Labor by visiting its website.
LOCAL ENFORCEMENT OF FOOD SAFETY ALSO UNDERWAY
During the April 9 weekly COVID-19 update provided by Chautauqua County Executive PJ Wendel and Health Commissioner Christine Schuyler, Schuyler also noted that the Chautauqua County Department of Health and Human Services is continuing to provide oversight of restaurants and supermarkets that remain open during the state of emergency.
“Our staff in environmental health is continuing to perform some restaurant inspections,” Schuyler said, also added, “We have been instructed by the state to limit some of them, which has been easy to do because so many of them have closed.”
For restaurants that offer take out and deliver, Schuyler did say that her department is continuing to communicate and update with those businesses to help ensure they are following guidelines.
“We make sure they are following public health law and our sanitary code in their kitchens as well as food handlers,” she said.
Schuyler also said that all food service and other essential businesses have also been given instruction on how to safely interact with the public during the state of emergency.
Wendel also said that if there is an employee at a business who believes their employer is in violation of state health code or the governor’s executive order and could compromise the health of customers, they can call the New York State Pause hotline at 1-833-789-0470.
In addition to the governor’s executive order, New York State Public Health Law regarding food handling and preparation also requires that any ready-to-eat food be prepared and served without bare hand contact. Wearing disposable sanitary gloves is one of several acceptable ways to comply with this law.
Foods that fall into the “ready-to-eat” category include:
- prepared fresh fruits and vegetables served raw;
- salads and salad ingredients;
- cold meats and sandwiches;
- bread, toast, rolls and baked goods;
- garnishes such as lettuce, parsley, lemon wedges, potato chips or pickles on plates;
- fruit or vegetables for mixed drinks;
- ice served to the customer;
- any food that will not be thoroughly cooked or reheated after it is prepared.
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