Expand AllClick here for a more accessible versionThe
DGS-BRE in coordination with our agency tenant will advise lessors of any
changes to the operational status currently in place as soon as practicable.
The
DGS-BRE in coordination with our agency tenant will advise lessors of any
changes to hours of operation, shift work for employees, or any other changes
from what was in place prior to the office closure.
Identifying
potential changes to the physical workplace is a component of the agency
reopening strategy that will be communicated to lessors by DGS-BRE and the
agency tenant. Physical changes could range from the need for signage and floor
markings, to the movement of furniture to accommodate social distancing, to the
installation of plexiglass “sneeze guards.” Physical changes to any property
owned by the lessor will be coordinated by DGS-BRE with the lessor and customer
agency in the same manner as any other leasehold improvement.
In
accordance with the Governor’s Reopening Strategy, fitness centers should
remain closed until green status is achieved. Unless they are required for
life-sustaining work, shared conference spaces should also remain closed. To
the extent they are required for the delivery of life-sustaining work, DGS-BRE
and the agency tenant will identify appropriate COVID-19 mitigation strategies
for limited use, such as limiting to single-tenant access.
Lessors
are not responsible for providing PPE to Commonwealth tenants, as the
Commonwealth has made arrangements for all employees to have access to PPE
appropriate for the performance of their essential functions. Lessors are also
not responsible for providing masks to visitors to their locations. Lessors do
have a responsibility to provide all employees with a mask, and to make wearing
a mask a requirement as outlined in the Secretary of the PA DOH’s Order Directing Public Health Safety Measures for Businesses Permitted to Maintain In-person Operations (DOH, April 19, 2020).
Lessors also are responsible for ensuring any contracted staff is compliant
with the mask requirement as outlined in the order.
The
guidance provided in our communication of March 17,2020 remains in place for notification of DGS-BRE in the event of a
confirmed COVID-19 case in a Commonwealth leased facility, regardless of
commonwealth tenant or non-commonwealth tenant.
In
a leased facility in which there are multiple tenants, both Commonwealth and
non-commonwealth, the lessor may decide to institute temperature checks for
every individual that enters the building. In this situation, the lessor is
within his/her rights to conduct the temperature checks. (The lessor must
ensure that temperature checks are properly conducted.) The Commonwealth agency
and the lessor should work collaboratively to ensure that the agency tenant
knows about the temperature checks. The agency employer should advise its
employees of the lessor’s temperature checks and employees should submit to
those temperature checks. This does not prohibit the agency from conducting its
own temperature checks on its employees.
At
this time, the Commonwealth continues to follow the CDCGuidance for Cleaning and Disinfecting Your Facility. To the extent
cleaning beyond these requirements is necessary, DGS-BRE and the agency tenant
will request and coordinate those services with the lessor directly.
To
the extent the building has been dormant during the Stay at Home Order, lessors
should review the PA Department of Environmental Protection Guidance for Dormant Building Water Flushing and implement it
as directed. The CDC also provides CDC Guidance forReopening Buildings After Prolonged Shutdown or Reduced Operation, which
may be applicable.
To the extent services beyond those outlined in the lease have been requested by the Commonwealth and are required, they may be reimbursable. Lessors should discuss such services and any associated costs with DGS prior to initiating, or such costs may not be reimbursed.
DGS' additional key role in the reopening strategy is to ensure lessors have access to the most up-to-date guidance from the Pennsylvania Department of Health (DOH), Centers for Disease Control and Prevention (CDC), and other applicable resources provided by any other state or federal authority. Many of these resources have remained the same since our closure on March 16, while others have been updated to reflect the changing pandemic environment. As always, lessors are reminded to review resources regularly for updates and changes, ensure continued compliance with all applicable requirements, and elevate any questions or concerns identified to the Bureau of Real Estate.