Public sector employers in Pennsylvania will continue to face shifting rules, guidance, recommendations and standards as the COVID-19 pandemic continues to ebb and flow.  Careful consideration must be given to workplace safety protocols, employee screening, leaves of absence and post-travel quarantine. Rest assured, all employers (public and private) are wrestling with the same issues, but public employers do face some unique challenges, because of the critical services provided by their employees. Despite the uncertainty, elected and appointed officials, and their advisers, should consider certain best practices to ensure that critical public services continue safely. Some of these best practices are summarized below.

Wolf and the Department of Health Orders and Guidance

At one point, the Department of Health indicated that local governments were not required to suspend in-person operations, and were not been required to follow the Secretary of Health’s employee safety order. However, the governor and the Secretary of Health have repeatedly encouraged municipalities to limit in-person operations and implement safety protocols to the extent possible. Those orders and the related guidance are designed to protect employees and the customers and members of the public interacting with the employees. In addition, much of the guidance is based on recommendations from the Centers from Disease Control and Prevention (CDC). Therefore, any municipality or municipal entity that chooses to depart from the guidance should do so for valid operational or other reasons that are well documented.

Masks