Kentucky has enacted legislation (House Bill 1) that would require employers to create and post a plan for COVID-19 if they wish to provide in-person services. House Bill 1 was set to take effect immediately after the legislature overrode a veto by the governor, but a court temporarily blocked the implementation of the law while a legal challenge from the governor is heard.
Under House Bill 1, all businesses may remain open and fully operational for in-person services as long as they adopt a plan that:
- Meets or exceeds all applicable guidance issued by the Centers for Disease Control and Prevention or by the executive branch, whichever is least restrictive;
- Details how the employer will foster the safety of employees, customers, and patrons, including social distancing requirements; and
- Is posted in a conspicuous place on the main entrance door and website (if applicable) of the business.
The temporary order blocking the law is set to expire on or about March 5, 2021. In the meantime, employers may want to prepare a plan that complies with House Bill 1 in case the challenge to the law is ultimately unsuccessful. Employers may draft the plan themselves or use a plan prepared by a local or state government agency, local or state chamber of commerce, trade association, or any other recognized affiliated organization.
Please contact your dedicated service professional with any questions.