Protecting Public Places

The Gathering Storm for American Municipalities

The novel coronavirus sweeping the globe over the past months has caused untold economic damage, killed hundreds of thousands of people, and forever changed our view of the need for protection from pathogens. Much attention has been given by the Centers for Disease Control (CDC)[1] to the need for proper disinfection inside nursing homes, hospitals, workplaces, schools, and living spaces, but many government entities have overlooked the need for care and cleanliness on the outside.

As the nation, and world, seeks to re-open and resume some normalcy, the populace is heading outdoors in record numbers, to parks, recreation areas, open air markets, public spaces and town squares, and other areas which humans have shared for generations. For many government administrators, there is serious growing concern about the need to act quickly and effectively to prevent the further spread of coronavirus in these areas, to forestall liability and litigation, and protect our people.

It is of note that the National Law Review published an article in May on the EPA’s guidelines for disinfecting workplaces and schools, specifically calling out “public spaces”[2]. In addition, many law firms are realizing the massive opportunity for negligence litigation as a result of the novel coronavirus, publishing considerable information on Covid-19 litigation.[3][4], offering advice specific to outdoor areas, including jobsites, as evidenced on a recent post by Schwabe, Williamson, and Wyatt.[5]

As part of the EPA’s guidance on public spaces, they recommend that the “targeted use of disinfectants can be done effectively, efficiently and safely on outdoor hard surfaces and objects frequently touched by multiple people. Certain outdoor areas and facilities, such as bars and restaurants, may have additional requirements.”[6] The CDC guidelines[7] also note that “there are additional concerns with outdoor areas that may be maintained less frequently, including playgrounds, or other facilities located within local, state, or national parks.   Of interest, the CDC now has special guidelines on Visiting Parks & Recreational Facilities[8].

One other area on great concern for U.S. municipalities and businesses alike is solid waste containers, all of which are frequently touched, carry high levels of pathogens, and which are rarely mentioned in current guidelines for cleaning and disinfection. Garbage cans, hand bins, dumpsters, and so many more solid waste containers need frequent and efficacious disinfection and treatment to protect users and provide risk mitigation from litigation and the added costs of employee sickness.

As for disinfectants, the EPA publishes a complete list[9] of those approved for killing Covid-19. However, the difficulty is that many of these require PPE during application, and which leave a residue which may cause respiratory issues for children and those with chronic conditions. As you develop your own Public Space Protection Plan, consider using a plant-based disinfectant, which require no PPE during application, and has no harmful side effects for humans, animals, or when contact is made on hard surfaces.

As Americans turn out in droves, municipal managers, parks and recreation personnel, and business owners overseeing public spaces are urged to act quickly to develop their own Public Space Protection Plan,  to handle proper disinfection and sanitization of picnic tables, playground equipment, park benches, bus stops, outdoor seating areas, sidewalks and homeless areas, and so much more. A number of manufacturers are offering highly effective spraying and application systems for these areas, which can be utilized with UTV vehicles or standard pickup trucks. 

As our nation rises to this current challenge, it is imperative that every municipal manager, sanitation director, and city or state park administrator understand the enormous responsibility to plan, protect, and preserve the public…whether recreating, relaxing, or rejuvenating…the American people deserves no less!

[1] https://www.cdc.gov/coronavirus/2019-nCoV/index.html

[2] https://www.natlawreview.com/article/us-epa-issues-best-practices-cleaning-and-disinfecting-public-spaces-workplaces

[3] https://www.arnoldporter.com/en/perspectives/topics/coronavirus

[4] https://www.bestlawyers.com/covid-19

[5]https://www.schwabe.com/assets/htmldocuments/Preventative%20Steps%20to%20Consider%20for%20Workers%20on%20a%20Jobsite.pdf

[6] https://www.epa.gov/sites/production/files/2020-04/documents/316485-c_reopeningamerica_guidance_4.19_6pm.pdf

[7] https://www.cdc.gov/coronavirus/2019-ncov/community/reopen-guidance.html

[8] https://www.cdc.gov/coronavirus/2019-ncov/daily-life-coping/visitors.html?CDC_AA_refVal=https%3A%2F%2Fwww.cdc.gov%2Fcoronavirus%2F2019-ncov%2Fcommunity%2Fparks-rec%2Fvisitors.html

[9] https://www.epa.gov/pesticide-registration/list-n-disinfectants-use-against-sars-cov-2-covid-19