On March 23, 2020, Governor Polis ordered non-exempt non-essential Colorado businesses to (a) reduce workforces by 50% or (b) demonstrate compliance with social distancing requirements. In other words, a business that can demonstrate compliance does not have to reduce its workforce.
For these purposes, social distancing means (1) maintaining at least a six-foot distance from other individuals, (2) washing hands with soap and water for at least twenty seconds as frequently as possible or using hand sanitizer, (c) covering coughs or sneezes (into the sleeve or elbow, not hands), (d) regularly cleaning high-touch surfaces, and (e) not shaking hands.
If your business is not on the list of authorized businesses, but the business is able to remain open and comply with the social distancing requirements, complete this certification and maintain it in your business records. You may be required to produce this documentation to state or local law enforcement, public health agencies, or other government agencies with jurisdiction to demonstrate compliance.
Keep in mind that, if your business is located in the City and County of Denver or any other jurisdiction with a shelter-in-place or similar order in effect, remaining open (even with social distancing compliance) may not be compatible with local regulations.
If you have any questions about complying with this or other requirements related to the COVID-19 pandemic, contact FGMC attorneys.