Kentucky to require COVID-19 plan

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.

Compliance Recommendations:

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.