Guidance

"What Now?" graffiti in black spray paint on wall
by David Klemt David Klemt No Comments

What Current CDC Guidelines Mean

What Current CDC Guidelines Mean for Restaurants and Bars

"What Now?" graffiti in black spray paint on wall

Less than two weeks ago, the U.S. Centers for Disease Control and Prevention once again updated the agency’s Covid-19 guidance.

For many in America the updates simply led to more confusion. Others see the changes to CDC guidance as another blow to the agency’s credibility.

The reality of the situation appears to be rather easy to understand. Business owners are most likely ignoring the CDC and just following state and local requirements.

And who can blame operators and their teams for doing so? After all, the guests they serve are likely more concerned about local guidelines than CDC guidance.

States Make First Moves

At this point, it appears the CDC is following rather than leading the way. Several states moved to rescind Covid-19 mandates around two weeks before the CDC changed its guidance.

For example, Nevada Governor Steve Sisolak lifted the state’s mask mandate on Thursday, February 10. Unlike in other states, the mandate was rescinded regardless of vaccination status.

Five days later, California lifted its indoor mask mandate for the vaccinated. The unvaccinated, as of February 16, are still required to mask indoors.

However, the requirement for businesses to check for proof of vaccination was also rescinded. Of course, businesses can still require masks and proof of vaccination if they so choose.

So, Now What?

The CDC and many state health officials are encouraging caution. Another surge in infections is expected.

In fact, the CDC points out that Covid-19 has not yet reached its endemic stage. Some predict the pandemic won’t become endemic until some time in 2023.

For now, the CDC is using three designations to identify different areas throughout the country: low risk, medium alert, and high alert.

Per the agency’s website, 90 percent of the US population is in a low-risk or medium-alert area. People can check their community’s current CDC designation via their new map here.

Low, Medium, High

The three CDC designations each carry specific guidance:

  • Low Risk: People should stay current with their vaccinations. If someone has symptoms, they should get tested.
  • Medium Alert: In addition to Low Risk guidance, people who at high risk of serious illness if infected should ask their healthcare providers if they should wear masks indoors and/or take other Covid-19 precautions.
  • High Alert: Wear a mask indoors, stay current with vaccinations, and get tested if symptoms are felt.

Endless CDC guidance revisions have mainly resulted in confusion and an unfortunate lack of faith in the agency. So, these recommendations really don’t mean much for operators.

Rather, business owners should make they’re in compliance with state and local requirements while taking steps to ensure workers, guests, and their community are safe.

Image: Tim Mossholder on Unsplash

Four disposable medical face masks in a pile
by David Klemt David Klemt No Comments

Current Restrictions: Canada

Current Restaurant Restrictions: Canada

by David Klemt

Four disposable medical face masks in a pile

KRG Hospitality’s headquarters is in Toronto but we operate in three major Canadian markets: Alberta, British Columbia, and Ontario.

I was visiting the Toronto office, traveling from Las Vegas, when new restrictions were announced due to Omicron.

By the time I landed, I knew each province in which we operate would be at least discussing possible restrictions.

Alberta

The following restrictions apply to restaurants, bars, nightclubs, cafes, and pubs participating in the Restrictions Exemption Program (REP):

  • No more than ten people may be sat at one table.
  • Alcohol service must terminate by 11:00 PM.
  • These businesses must close by 12:30 AM.
  • Billiards, dancing, darts, and other “interactive” activities are prohibited.

As a refresher, the REP program requires operators to require patrons age 12 and above to:

  • provide proof of vaccination, negative results from a test taken within 72 hours of service, or medical exemption; and
  • comply with mandatory masking.

Alternatively, operators can comply with all restrictions as outlined in Alberta’s public health orders.

However, businesses not participating in REP face the restrictions below:

  • Indoor dining is prohibited.
  • Outdoor dining is permitted. No more than six people may sit at the same table.
  • Groups are restricted to one household or two close contacts (for those living alone).
  • Alcohol service must terminate by 10:oo PM. Consumption must conclude by 11:00 PM.

British Columbia

At the time of publication, restaurants, cafes, and pubs can still offer both indoor and outdoor dining.

However, there are restrictions in British Columbia:

  1. No more than six people may be sat at one table.
  2. When not seated, guests must wear face masks.
  3. Guests may not move to between tables, visit other tables, or dance.
  4. Indoor gatherings are limited to 10 people (down from 25).
  5. Outdoor gatherings are limited to 25 people (down from 100).
  6. Operators must maintain physical distancing or barriers between tables.
  7. Alcohol can be served during normal service hours.

Unfortunately, bars, nightclubs, and lounges aren’t facing restrictions, they’ve been forced to close.

These restrictions and closures will remain in place until January 18, 2022. Exceptions include bullet points 2 and 3, which are expected to remain until January 31, 2022.

Ontario

As of December 19, 2021, restrictions that impact restaurants, bars, strip clubs, and other food or beverage venues went into effect:

  • Capacity reduced to 50 percent.
  • No more than 10 people may sit at one table.
  • Guests must remain seated. Only performers or workers may dance.
  • Venues must close for indoor and outdoor dining and drinking by 11:00 PM. However, businesses may offer delivery and takeout past that time.
  • On-premise alcohol sales are prohibited after 10:00 PM. Consumption of alcohol on-premises is restricted after 11:00 PM.

It’s crucial that operators and leadership teams remain up to date on their province’s (and city’s) restrictions. At the start, 2022 will be challenging but opportunities for recovery will present themselves

Image: Markus Winkler on Unsplash

Covid-19 vaccine vial on blue background
by David Klemt David Klemt No Comments

EEOC Clarifies Vaccine Stance

EEOC Clarifies Vaccine Stance

by David Klemt

Covid-19 vaccine vial on blue background

American employers have the right to require Covid-19 vaccination as a condition of employment.

This is according to recent clarifications from the Equal Employment Opportunity Commission (EEOC).

Perhaps learning from yet more missteps from the Centers for Disease Control and Prevention, the EEOC is making their position clearer.

Requirements

Per the EEOC, requiring workers to get a Covid-19 vaccine doesn’t violate federal law.

However, an employer failing to provide “reasonable accommodation” in accordance with the Americans with Disabilities Act would be illegal.

According to the EEOC’s guidance update:

“Federal EEO laws do not prevent an employer from requiring all employees physically entering the workplace to be vaccinated for COVID-19, so long as employers comply with the reasonable accommodation provisions of the ADA and Title VII of the Civil Rights Act of 1964 and other EEO considerations. Other laws, not in EEOC’s jurisdiction, may place additional restrictions on employers.”

Additionally, employers who offer on-site vaccinations take on an additional responsibility. They must keep confidential any personal medical information gleaned during employee pre-vaccination screenings.

Of course, the agency’s guidance isn’t only for employers. Employees can access a fact sheet explaining pandemic-specific protections that are in place.

Incentives

The EEOC’s update also addresses the right for employers to offer employees vaccine incentives.

In short, the agency says incentives are legal as long as they’re not coercive. Of course, legal experts will argue that one person’s perception of coercion will differ from another’s.

Really, the only example the EEOC provides for what may constitute a coercive incentive is “a very large incentive” that may make an employee “feel pressured to disclose protected medical information.”

Per a survey by Arizona State University and the Rockefeller Foundation, two-thirds of employers plan to offer vaccination incentives rather than mandates. However, nearly half say they’ll implement mandates if incentives don’t work. Only one-third of survey respondents don’t plan to impose vaccination requirements on employees.

Challenges

Look, we all know America is a litigious society. Given that, it shouldn’t come as a surprise that some states have already banned vaccine requirements and passports.

Nor should it be a shock that lawsuits have been filed by employees challenging the legality of vaccine requirements. At least half of US states have introduced bills seeking to seek to limit COVID-19 vaccine mandates.

Operators have a lot to consider when it comes to vaccine requirements and incentives. For example, offering the incentive that fully vaccinated employees can go maskless at work while non-vaccinated workers must wear masks can be a form of discrimination.

Beyond legal challenges, operators must also contend with public perception and backlash. With the divisions plaguing America currently, operators have a lot to think about before requiring Covid-19 vaccines for employees. While some guests will view such requirements as a responsible move that protects employees, guests and the public, others will see it as a massive violation of personal freedoms and a form of tyranny.

Truly, this is a time when operators must seriously draw on their leadership abilities, empathy, and emotional intelligence.

Clearly, the topics of vaccine requirements and vaccine incentives necessitate careful consideration. This is an important leadership moment that hinges on an operator’s understanding of their team, their guests, and the market in which they operate.

Do not make vaccine decisions lightly.

Disclaimer

This content is for informational purposes only, and should not be used as legal or other advice. This article does not constitute legal advice, nor does any information constitute a comprehensive or complete statement of the matters discussed or the law. This information is of a general nature and does not address the circumstances of a specific individual or entity. The reader of this information alone assumes the sole responsibility of evaluating the merits and risks associated with the use of any information before making any decisions based on such information.

Image: Daniel Schludi on Unsplash

Red neon sign question mark
by krghospitality krghospitality No Comments

What in the CDC Guidance…?

What in the CDC Guidance…?

by David Klemt

Red neon sign question mark

The Centers for Disease Control and Prevention is once again offering Covid-19 guidance and this time it’s taking a sharp turn.

One big takeaway is that nobody was really expecting the agency’s abrupt and surprising advice.

Also, the CDC’s updates are confusing a lot of people. So much so, in fact, that the agency is “shaking up” communications personnel.

Changing Guidelines

Clearly, the CDC’s statements toward the end of last week are shocking. The agency caught states and businesses completely off guard.

Business owners, workers and the public are unsure how to interpret the CDC’s new advice. Unfortunately, that seems to indicate that perhaps the agency didn’t take the time to really dial in their message before addressing the nation.

We’ve dealt with constant shifts in guidance for more than a year now. There’s little wonder that so many Americans are experiencing Covid-19 fatigue and skepticism.

It’s fair to say that when the CDC announced updated guidelines last week, people threw their hands up in frustration.

Obviously, the messaging was haphazard since so many attempts at clarification have taken place over the course of just a few days.

So, what’s the agency saying now?

Vague at Best

Last Thursday, Dr. Rochelle Walensky, the current CDC director, said this:

“Anyone who is fully vaccinated can participate in indoor and outdoor activities, large or small, without wearing a mask or physical distancing. If you are fully vaccinated, you can start doing the things that you had stopped doing because of the pandemic.”

Which, okay—great. Seems like a simple bit of direction, right?

Obviously, no—not that simple. Yesterday, Dr. Walensky had to clarify the CDC’s newest guidance:

“This is not permission for widespread removal of masks. We were going to get to the point in the pandemic where the vaccinated could take off their masks.”

The Details, Kinda

In short, the new advice is aimed toward those who are fully vaccinated. To review, a person is considered to be fully vaccinated:

  • two weeks after receiving the second dose of a two-dose regimen (Pfizer, Moderna); or
  • two weeks after receiving a dose of a one-dose vaccine (Johnson & Johnson).

Last week, Dr. Walensky said that fully vaccinated people no longer needed to wear masks or practice social distancing outdoors or indoors. Of course, caveats followed immediately, leading many people to criticize the guidance as vague and, to put it bluntly, unhelpful.

The caveats? The fully vaccinated should still wear masks in crowded settings like airports, airplanes, buses and other public transportation, hospitals, homeless shelters. Also, they should continue following the guidance of their employers and local businesses.

Sifting Through the Confusion

In a nutshell, what the CDC is saying is that fully vaccinated people can return to a semblance of their normal pre-pandemic lives.

This is likely an attempt, however slap-dash or ham-fisted, to incentivize the unvaccinated to get their shots. It’s also probably another attempt at rebooting the economy.

One problem with this new guidance is that it’s vague. People still have questions, and the CDC appears to be fine with deferring to business owners. That means, once again, front-line workers have to police mask wearing and social distancing.

Our industry has been forced to shove staff into awkward and hostile situations and confrontations for over a year now. Shifting guidance and recommendations routinely give short shrift to this facet of working during the pandemic.

Another problem with the CDC’s latest guidance? We have no way of knowing who’s actually vaccinated. Because of this, many business owners are keeping mask and social distancing rules in place to protect their staff and guests. This is no doubt already leading to uncomfortable confrontations.

Staff who can’t get vaccinated for medical or religious reasons are also now being put at risk. Since we’re relying on the “honor system” regarding mask wearing and distancing, unvaccinated workers face greater risk of exposure from unvaccinated guests.

Lack of Industry-specific Guidance

We’re still learning about Covid-19. We’re still attempting to figure out best practices. And we’re still balancing the need to keep businesses open while protecting workers and the public.

But the CDC’s latest guidance isn’t helpful. Essentially, the agency is putting the onus of their recommendations on business owners and state and local policymakers. And, of course, the CDC hasn’t put forth specific guidance for restaurants, bars and other hospitality industry businesses.

The National Restaurant Association responded to the CDC’s update by saying that “restaurant operators have the option of determining how best to enforce the new guidance,” and that they wouldn’t be updating their own Covid-19 Operating Guidance just yet. Also, the NRA stated that operators would be wise to continue to work with state and local regulatory bodies to avoid falling afoul of any mandates.

Next Steps

Operators will now have to review their Covid-19 protocols, the guidance and rules in place in their local jurisdictions, and determine what’s required and what’s best for their staff. They should also consider doing the following:

  • Inform staff about mask, social distancing, and other Covid-19 protocols, whether they’re being kept in place, adjusted or rescinded.
  • Ask staff about their comfort levels in terms of serving guests who aren’t required to wear masks at all during their visits. It’s not just guest comfort that’s important.
  • Owners and managers need to let staff know they have their backs if they’ll be enforcing protocols.
  • Ownership and management must provethey’re backing up their teams. If operators think they’re facing labor challenges now, they’ll struggle even harder if they fail to back up workers who are tasked with informing guests that Covid protocols are in place.
  • Operators should make their protocols known—if they’re still in place—on social, their websites, via email, and in-person so there are no surprises when guests arrive.

Once again, business owners are left to deal with the aftermath of the CDC’s “recommendations.” Now more than ever, guest-facing staff need to be supported.

Image: Simone Secci on Unsplash

Vials of Covid-19 vaccine
by David Klemt David Klemt No Comments

CDC Updates Mask, Gathering Guidance

CDC Updates Mask, Gathering Guidance

by David Klemt

Vials of Covid-19 vaccine

On the heels of some states rescinding mask mandates, the Centers for Disease Control updates safety guidelines.

The CDC’s guidance focuses on vaccinated people.

Key Changes

Per the CDC, people who are vaccinated can meet indoors with one another. These indoor meetings can take place without masks.

Of particular note, the CDC says these people can meet up indoors with one unvaccinated household as long as they’re at “low risk” of serious illness.

Equally interesting, the latest guidance claims that if a fully vaccinated person is exposed to someone with Covid-19, they don’t need to quarantine if they’re not showing symptoms.

Importantly, these guidelines address fully vaccinated people, not those awaiting their second shot.

Masks & Public Gatherings

The CDC still recommends masks, social distancing, avoiding crowds, and staying away from spaces with poor ventilation.

Those who are fully vaccinated should exercise those recommendations whenever they’re in public; gathering with people are unvaccinated from more than a single household; meeting with anyone with increased risk of severe illness or death should they be infected with Covid-19.

Vaccinated or not, the CDC recommends people avoid medium- or large-sized gatherings and domestic and international travel.

Workplaces should still follow CDC guidance for employees not working exclusively from home.

Important Details

The CDC says a person is “fully vaccinated” if they meet one of two criteria:

  • It has been two weeks since they’ve received their second dose of a two-dose Covid-19 vaccination (Moderna, Pfizer, for example).
  • It has been two weeks since they’ve received a single-dose vaccine (example: Johnson & Johnson).

Anyone who needs to receive a second shot isn’t fully vaccinated. The same holds true if it has been less than two weeks since being vaccinated.

Per the CDC webpage: Everyone, “even people who’ve had their vaccines—should continue taking basic prevention steps when recommended.”

Click here to review the CDC’s new guidance. Remember that health and safety  protect yourself, your staff, your guests and your community.

Image: torstensimon from Pixabay

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