On June 17, 2020, Governor Ducey announced an enhanced COVID-19 Action Plan that includes an executive order providing that the Arizona Department of Health Services shall implement a system for contact tracing. The order also provides that a county, city, or town may, based on conditions in its jurisdiction, adopt policies regarding the wearing of face coverings in public for the purpose of mitigating the spread of COVID-19.

Under the plan, Arizona businesses shall assist in efforts to “Contain the Spread.” The Requirements for Businesses provide that:

any business, whether for-profit or non-profit, institution, profession, or entity that physically operates in the State of Arizona and serves the public or is an employer shall develop and establish, implement and enforce policies that adopt guidance from the Centers for Disease Control and Prevention (CDC), the Department of Labor, the Occupational Safety and Health Administration (OSHA), and the Arizona Department of Health Services (ADHS) to limit and mitigate the spread of COVID-19 including the following:

  • Promoting healthy hygiene practices;
  • Intensifying cleaning, disinfection and ventilation practices;
  • Monitoring for sickness;
  • Ensuring physical distancing;
  • Requiring face coverings when physical distancing is not feasible;
  • Providing necessary protective equipment;
  • Allowing for and encouraging teleworking where feasible;
  • Providing plans, where possible, to return to work in phases; and
  • Limiting the congregation of groups of no more than 10 persons when feasible and in relation to the size of the location.

In addition, the Requirements for Businesses provide various steps that businesses should take, including (but not limited to) the following: “[o]perat[ing] with reduced occupancy and capacity based on the size of the business location to accommodate 6 feet physical distancing, with special attention to limiting areas where customers and employees can congregate”; “implement[ing] symptom screening for employees prior to the start of their shift”; and that “[e]mployees should wear a cloth face covering when possible.”

The news release also announced requirements for restaurants and bars providing dine-in services.

Businesses in Arizona should familiarize themselves with the new executive order and Requirements for Businesses as well as watch for additional guidance from county and local governmental entities.