Since the day the state implemented new guidelines for businesses that were allowed to remain open, officials have not issued fines or citations to non-compliant companies, but have received more than a thousand complaints, according to the state health department.
The new guidelines, which apply to places conducting in-person business, were issued April 15, following orders from Gov. Tom Wolf that all non-essential and non-life-sustaining businesses cease physical operations, and a stay-at-home order was issued to keep people from leaving their house for anything but life-sustaining trips.
Among the lengthy list of requirements were stipulations that companies must provide masks for employees, require most customers to wear masks while on the premises, and enforce those measures. Businesses also had to limit occupancy and maintain strict social distancing guidelines. The order applies to any business that is still operating in-person, not just those that interact directly with the public.
Since the latest order went into effect, the Pennsylvania Department of Health has received over a thousand complaints from “concerned citizens, business owners and employees” about social distancing, mitigation and business closures, according to Health Department spokesman Nate Wardle.
A significant number of those complaints do not represent public health concerns, he said, though he could not provide information about what issues the complaints identified.
Since April 19, the day the order was first enforced, Pennsylvania state police have not issued any citations but have handed out 18 warnings.
“We are really focused on voluntary compliance,” said Ryan Tarkowski, a state police spokesman. “It’s been working well in Pennsylvania. We found most business owners, most Pennsylvanians want to do the right thing with regards to COVID-19.”
“The citation is there because this is serious, but it’s never going to be the first tool in our tool kit,” he said.
For the most part, state police take action after a complaint from the public, Mr. Tarkowski said.
Troopers are not going door to door to make sure businesses are complying, in part because “we don’t have the staffing for that and that’s not what the public wants either,” he said.
Alex Baloga, president and CEO of the Pennsylvania Food Merchants Association, which represents supermarkets, independent grocers, convenience stores, wholesalers and consumer products vendors, said some PFMA members have reported incidents that resulted in law enforcement being called to the scene.
In those instances, customers either don’t want to wear a mask, don’t believe they should have to or contend that it’s a violation of their rights to be forced to wear one, Mr. Baloga said.
Under the state’s orders, businesses are required to deny entry to people who are not wearing a mask. (The order does state that customers do not need to provide proof if they cannot wear a mask for medical reasons.)
Mr. Baloga said PFMA is working with the Wolf administration to take the burden of customers’ compliance from business owners. Instead, he said, the state should have this mandate be self-enforced or governed by people with the authority, tools and training to deny a customer access to a building.
To collect complaints about businesses that are not complying with the state’s orders, the state health department set up an online form last week for people to self-report what they are seeing.
The form asks the person reporting to identify the business, their relationship to the company, if local officials and law enforcement have been notified and the nature of the complaint. Those options include:
- Employees coming to work sick
- Social distancing not being practiced
- Equipment not sanitized
- Employees not allowed regular sanitation breaks
- Lack of communication regarding COVID-19 cases
- Not allowed to stay home when sick
- Employers not providing or allowing cloth masks
- Business should not be open per closure order
- Business is not cleaning high-touch surfaces
- Business does not have protocol for positive or probable cases
- Business does not screen employees for symptoms
- Business is not creating a safe environment for customers
The health department is reviewing each complaint and sends it to the appropriate regulatory agency to follow up if necessary, Mr. Wardle said. In addition to the health department and law enforcement, the Pennsylvania Liquor Control Board, and the departments of Labor and Industry and Agriculture are enforcing the order.
The agencies are working to educate and inform businesses that have not complied with the state order, Mr. Wardle said.
Lauren Rosenblatt: lrosenblatt@post-gazette.com, 412-263-1565.
First Published: April 28, 2020, 8:16 p.m.
