The following information was received from Bridget Lambert, President of the WV Retailers Association on April 16, 2020.
WV Emergency Rule 64CSR114 Statewide Rule - Business Operations and Social Distancing

The WV Department of Health and Human Resources promulgated a rule and filed it this morning with the WV Secretary of State’s office outlining proper business operations and social distancing standards statewide to address the coronavirus pandemic. The emergency rule clearly states that it does supersede any conflicting provisions of local board of health or other local governing body orders related to the COVID-19 pandemic.

Members operating retail businesses across West Virginia will now operate under the rule attached . WVRA has taken the rule and compared it to the 12 ordinances that were put out by various Boards of Health under executive order. The highlight below points out areas of uniformity gained by the adoption of the DHHR rule.

Review WV DHHR Rule 64CSR114 immediately and put these standard practices for business operations in effect, as soon as possible. It is recommended that each retailer study the rule in its entirety and comply.

The rule is effective immediately and was filed this morning at 9:45 a.m.

WV DHHR RULE 64CSR114 – Effective Immediately (Highlights of the Rule)

The rule does list a sunset date of five years. WV filed rules now have a sunset date of five years as standard practice. The rule will be suspended once the State of WV reopens for business operations.

Sanitation Standards:  Stipulates proper sanitation standards under 3.2.c.

Social Distancing Standards : Implement social distancing practices in the workplace where possible, including remaining at a minimum six-foot distance from other persons  3.2.b.
Shall establish social distancing measure to the greatest extent possible, including but not limited to, marking areas a minimum of six feet apart at any area where persons are likely to stand and wait in line, creating one-way isles, and any other restrictions which limit close contact with other people. 3.3.d.
NOTE:  The rules does not include adjacent areas or retail parking lots as various ordinances stipulated

Protective Barriers : Provide protective barriers for employees exposed to the general public 3.2.d. Examples: may include safety glasses, masks, plexi-glass shields, etc..
NOTE: The rule does not require retail employees to wear masks specifically as did various ordinances

Customers Entering a Business at one Time : (2) individual members of the public may enter a business per 1,000 square feet of customer floor space. 3.3.a. The rule does not include employees or vendors entering the business
NOTE:  Various ordinances captured employees and vendors

Customers Entering a Business of less than 1,000 Square Feet of Customer Floor Space : No more than (5) persons (including employees shall be allow to enter at any given time) 3.3.a.

Grocery Stores - Customers Entering the Business at a Time : Sales compromised of at least 80% grocery food products or more shall not permit more than (3) members of the public per 1,000 square feet of customers floor space 3.3.3b.
NOTE:  The rule does not include employees or vendors entering the business and does allow for (3) members of the public

Public Posting of Directives : The rule requires public notice be posted at the public point of entry into the business. 3.3.f.
NOTE:  The rule does not require notices to be place in five prominent places throughout the business
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