On April 28, 2020, Alabama Governor Kay Ivey issued a Safer at Home Order. The Order is effective April 30, 2020 at 5:00 p.m. and will expire May 15, 2020 at 5:00 p.m.

Under the Order, all businesses, except those considered “higher-risk” are allowed to open with the following measures implemented: (1) avoiding gatherings of 10 employees or more; (2) maintaining six feet of separation between employees and customers; (3) regularly disinfecting frequently used items and surfaces; (4) encouraging handwashing; (5) preventing employees who are sick from coming into contact with other persons; (6) facilitating remote working arrangements; and (7) minimizing employee travel. Retail businesses may operate as long as the above provisions are followed and given that such businesses may not exceed 50% of the fire marshal’s posted occupancy at any one time.

A fact sheet on the Order was provided by the Governor’s Office and may be accessed here.

On March 27, 2020, Alaska’s Governor, through Alaska’s Department of Health and Social Services, issued two health mandates: Health Mandate 11 and Health Mandate 12. Both mandates are effective through April 21, 2020.

Health Mandate 11 orders all Alaska individuals to remain at their place of residence and practice social distancing. Those engaged in essential health care services, public government services, and essential businesses activities are exempted from the Mandate. Alaska provides an attachment which details its definitions of essential services and critical infrastructure. Those businesses not listed must cease all activities but may continue operations implementing work-from-home policies.

Businesses defined as “essential infrastructure” under the provisions of the Mandate are exempt. These include businesses providing any services or performing any work necessary to the operations and maintenance of services including . . . public works construction and construction of housing. Additionally, “essential business” includes plumbers, electricians . . . and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences and critical infrastructure. Lastly, any business that can maintain social distancing requirements and prohibit congregations of no more than 10 people may continue operating.

Moreover, Alaska’s mandate incorporates the Cybersecurity & Infrastructure Security Agency (“CISA”) Memorandum. The CISA memorandum considers essential “workers such as plumbers, electricians, exterminators, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences,” “workers necessary for the manufacturing of materials and products needed for . . . emergency services,” “ workers to ensure continuity of building functions,” or “workers–including contracted vendors—who maintain, manufacture, or supply digital systems infrastructure supporting law enforcement emergency service, and response operations.” Also included are businesses that “supply other essential businesses with support or supplies necessary to operate.”

Finally, Health Mandate 12 prohibits all in-state travel between communities by residents, workers, or visitors, unless the travel is to support critical infrastructure or for critical personal needs. “Critical infrastructure” includes the businesses mentioned as part of Health Mandate 11.

Please note: The Governor’s Mandate includes the following requirement:

If your business is included in “Alaska’s Essential Services and Critical Infrastructure,” you must submit a travel plan or protocol for maintaining critical infrastructure to akcovidplans@ak-prepared.com. The plan should outline how you will avoid the spread of COVID-19 and not endanger the lives of the communities in which you operate, of others who serve as a part of that infrastructure, or the ability of that critical infrastructure to function.”

On March 30, 2020, Arizona’s Governor issued an Order detailing the State’s “Stay home, Stay healthy, Stay connected” policy, which requires all Arizona residents to limit time away from their residences. The Order permits residents to leave their homes for employment in Essential Functions or to utilize any products or services provided by Essential Businesses.

Executive Order 2020-12 is included by reference in the March 30, 2020, Order and defines Essential Functions to include construction and building maintenance, which, pursuant to the Order, “shall be construed broadly to avoid any impacts to essential infrastructure, broadly defined.” Moreover, Essential Functions include “Essential Businesses and Operations.” Under Essential Businesses and Operations are “Critical Trades,” which include “building and construction tradesmen. . .and other trades, including, but not limited to, plumbers, electricians. . .and other manufacturing, distribution, retail or service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences, essential activities, and essential businesses and operations.” Additionally, “manufacturing companies, distributors and supply chain companies producing and supplying essential products and services in and for industries such as. . .construction” are considered Essential Businesses and Operations.

Under the Order, employment in Essential Businesses and Operations means an essential employee performing work for an Essential Function described in the preceding paragraph. All businesses that remain open shall implement rules and procedures that facilitate social distancing of at least six feet.

The Order also prohibits any city or town from issuing a conflicting local order, including one that limits Essential Services.

View the California Letter To Operate Here

View the CA State Fire Marshal Letter Regarding ITM Here

California’s Executive Order, N-33-20, directs all individuals living in California to stay home. The order went into effect on March 19th and remains in effect until further notice.

An exception to the stay at home order is provided for employees working in one of the sixteen (16) critical infrastructure sectors identified by the Federal Government as vital to the United States’ security, economic security, or public health or safety to continue working. See Cybersecurity & Infrastructure Security Agency, Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response (“CISA”) ; found at:

https://www.cisa.gov/sites/default/files/publications/CISA_Guidance_on_the_Essential_Critical_Infrastructure_Workforce_508C_0.pdf.

In addition to the 16 sectors identified by the Federal Government, California outlined additional exempted industries. See https://covid19.ca.gov/img/EssentialCriticalInfrastructureWorkers.pdf.

The CISA memorandum, as well California’s additional exempted industries, includes industries such as: “construction workers who support the construction, operation, inspection, and maintenance of construction sites and construction projects,” or “service providers who provide services that are necessary to maintaining the safety, sanitation, construction material sources, and essential operation of construction sites and construction projects.” Id.

Please note that the California Letter to Operate is inapplicable to the Bay Area

View the Bay Area Order Summary Here

View the Colorado Letter To Operate Here

On April 26, 2020, Governor Jared Polis of Colorado issued the Safer at Home Order laying out, among other provisions, the guidelines under which Colorado businesses may resume operations. Residents are still encouraged to stay at home when not working or conducting other essential activities and to wear face masks when in public. Non-essential retail stores may reopen at 50% reduced capacity, and additional precautions are required of offices with 50 or more employees. All businesses are required to maintain social distancing and are encouraged to implement the use of floor decals as a visual aid.

Colorado defines a “Critical Business” as any business engaged in the commercial, manufacturing, or service of construction, including skilled trades such as electricians and plumbers, as well as other related firms and professionals providing services necessary to maintain the safety and critical operation of residences, and other essential services.

In addition, several counties have implemented additional restrictions and protocols. Residents of Boulder County, Denver County, and the Tri-Counties (Adams, Arapahoe, and Douglas Counties) are encouraged to consult their county websites for local requirements and updates.

View the Connecticut Letter To Operate Here

Governor Lamont of Connecticut issued Executive Order No. 7H on March 20, 2020. The Order is effective through May 20, 2020, with the issuance of Executive Order 7X. The order directs all businesses to employ work from home procedures, to the greatest extent possible. However, any essential business or entity providing essential goods, services, or functions shall not be subject to the stay at home restrictions.

In determining what employers and employees are essential, Connecticut adopts the 16 critical infrastructure sectors, as defined by the CISA memo to define “essential business” and expands on the sectors. One difference with Connecticut is any business not included in the guidance provided by the State or under the 16 critical infrastructure sectors, may request an essential business designation. See https://portal.ct.gov/DECD/Content/Coronavirus-for-Businesses/Coronavirus-for-Businesses.

View the Delaware Letter To Operate Here

On Sunday, March 22, 2020, Delaware’s Governor ordered Delaware residents to stay at home and all non-essential businesses to close. Both orders go into effect at 8:00 a.m. on Tuesday, March 24, 2020, and remain in effect until May 15, 2020, or until the public health threat of COVID-19 has been eliminated. Within the order closing businesses, the Governor excluded certain designated “essential businesses” and gave the Division of Small Business the discretion to make adjust the list of “essential businesses.”

Delaware has designated construction as an essential business and specified that “businesses that supply materials and hardware to those engaged in the construction of residential or non-residential structures” and the “workers who provide critical maintenance to residential or non-residential structures,” among others are essential businesses. See Fourth Modification of the Declaration of A State of Emergency, § 6(o); see also https://coronavirus.delaware.gov/wp-content/uploads/sites/177/2020/03/Delaware-list-of-essential-and-nonessential-businesses-March-22-2020-1.pdf.

Assuming NFSA members fall within the definition of an essential business under the Delaware Order, they are required to continue following the coronavirus guidelines for public safety enumerated by the CDC and DPH.

On April 1, 2020, Florida’ s Governor issued an Executive Order requiring all persons in Florida to limit their movements and interactions outside of their home to only those necessary to obtain or provide essential services. Additionally, the Order requires senior citizens and individuals with a significant underlying medical condition to stay at home. The Order is effective April 3, 2020, at 12:01 a.m., through April 30, 2020.

Under the Order, “essential services” consist of personnel identified in the CISA Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response.

The CISA memorandum considers essential “workers such as plumbers, electricians, exterminators, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences, businesses, and buildings such as hospitals, senior living facilities, any temporary construction required to support COVID-19 response,” as well as “ workers necessary for the manufacturing of materials and products needed for. . .supply chains associated with. . .emergency services,” “workers to ensure continuity of building functions,” or “workers–including contracted vendors—who maintain, manufacture, or supply equipment and services supporting law enforcement emergency service and response operations.” Additionally, under the CISA memorandum, “workers who support the supply chain of building materials from production through application/installation, including . . .hardware, plumbing, electrical. . .and employees who provide services that enable repair materials and equipment for essential functions” are considered essential.

Additionally, “essential services” include those businesses identified by the list propounded by Miami-Dade County1 businesses that supply other essential businesses with the support or supplies necessary to operate, and which do not interact with the general public.“ The Miami Dade County Order also includes “open construction sites” fall within the scope of “essential services.”

Lastly, Florida’s State Coordinating Officer, in coordination with the State Health Officer may designate other “essential services.” The full list of “essential services” is available at floridadisaster.org.

On April 2, 2020, Governor Brian Kemp of Georgia issued a stay at home Order requiring all residents and visitors of the State of Georgia to remain in their place of residence. The Order is effective until April 20, 2020, at 11:59 p.m. with the issuance of Executive Order 04.08.20.02. Pursuant to the Order, residents are permitted to leave their residences if they “are part of the workforce for Critical Infrastructure and are actively engaged in the performance of, or travel to and from, their respective employment.”

Georgia defines “Critical Infrastructure” as those businesses, establishments, corporations, non-profit corporations, and organizations identified in the CISA Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response. Additionally, the Order includes those suppliers which provide essential goods and services to the critical infrastructure workforce.

The CISA memorandum considers essential “workers such as plumbers, electricians, exterminators, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences, businesses, and buildings such as hospitals, senior living facilities, any temporary construction required to support COVID-19 response,” as well as “workers necessary for the manufacturing of materials and products needed for. . .supply chains associated with. . .emergency services,” “workers to ensure continuity of building functions,” or “workers–including contracted vendors—who maintain, manufacture, or supply equipment and services supporting law enforcement emergency service and response operations.” Additionally, “workers who support the supply chain of building materials from production through application/installation, including. . .hardware, plumbing, electrical. . .and employees who provide services that enable repair materials and equipment for essential functions” are considered essential under the CISA memorandum.

All businesses are permitted to engage in Minimum Basic Operation, which includes only the “minimum necessary activities to maintain the value of a business, establishment, corporation. . .provide services, manage inventory. . .Such minimum necessary activities include remaining open to the public subject to the restrictions of this Order.” This paragraph of the Order also permits “employees working outdoors without regular contact with other persons.”

All businesses that continue in-person operation, however, shall implement measures to mitigate the exposure and spread of COVID-19, such as screening and evaluating workers who exhibit signs of illness; enhancing sanitation; providing personal protective equipment; prohibiting gatherings of workers; implementing staggered shifts; placing notices that encourage hand hygiene; and other social distancing mechanisms.

Moreover, the Order provides that the operation of Critical Infrastructure shall not be impeded by county, municipal, or local ordinance.

On March 23, 2020, Hawaii’s Governor supplemented his Proclamation and issued a Stay at Home Order effective March 25, 2020, at 12:01 a.m., through April 30, 2020, at 11:59 p.m. The Proclamation requires all Hawaii residents to stay at home, except as necessary to maintain continuity of operations of the federal critical infrastructure sectors.

Hawaii defines “Essential Businesses and Operations” as those sectors identified in the CISA Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response. All businesses not identified in the CISA memo or listed in the Proclamation must cease.

The CISA memorandum considers essential “workers such as plumbers, electricians, exterminators, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of homes and residences, and the Critical Sectors listed in this Executive Order,” as well as “workers necessary for the manufacturing of materials and products needed for . . . emergency services,” “ workers to ensure continuity of building functions,” or “workers–including contracted vendors—who maintain, manufacture, or supply digital systems infrastructure supporting law enforcement emergency service, and response operations.”

Additionally, Hawaii includes “Critical Trades” as an “Essential Businesses and Operations.” This category includes workers such as electricians, plumbers, and other service providers who provide services that are necessary to maintaining the safety and essential operation residences and Essential Businesses and Operations. See Order §A(10). Both business that provide “supplies for essential businesses and operations” and “manufacturing companies, distributors, and supply chain companies” producing and supplying essential product and services in and for industries such as construction are included with the definition of essential businesses and operations. See Order §A(15) and §A(21).

The order requires all Essential Businesses and Operations to maintain the social distancing requirements of at least six (6) feet distancing, regular cleaning of surfaces, and facilitating remote access if possible.

View the Idaho Letter To Operate Here

View the Illinois Letter To Operate Here

On April 30, 2020, Gov. Pritzker of Illinois issued COVID-19 Executive Order No. 30 outlining procedures for businesses and Illinois residents to curtail the spread of the virus. The Order is effective May 1, 2020, until rescinded or superseded.

All businesses and operations deemed to be “Essential Infrastructure” or “Essential Businesses and Operations” by the Order may continue operating as they have since the issuance of the Governor’s initial Stay at Home Order. The Order’s definition of “Essential Infrastructure” includes construction. The Order defines “Essential Businesses and Operations,” relating to NFSA, to include “Critical Trades,” defined as the following:

Building and Construction Tradesmen and Tradeswomen, and other trades including but not limited to plumbers, electricians, exterminators, cleaning and janitorial staff for commercial and governmental properties, security staff, operating engineers, HVAC, painting, moving and relocation services, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences, Essential Activities, and Essential Businesses and Operations.

COVID-19 Executive Order No. 8, § 1(12)(h).

Other “Essential Businesses and Operations” include “…businesses that sell electrical, plumbing, and heating material;” “businesses that sell, manufacture, or supply other Essential Businesses and Operations with the support or materials to operate, including…electrical, plumbing, and heating material…” and “manufacturing companies, distributors, and supply chain companies producing and supplying essential products and services in and for industries such as…construction…as well as products used by other Essential Businesses and Operations.”

In addition, residents are required to where face coverings when in public or working and practice social distancing. Essential stores must reduce capacity by 50%, make aisles one-way only, post social distancing notices, and disallow reusable bag usage. Non-essential stores may only operate in pick-up and delivery capacities. Manufacturers must provide face coverings to all employees who are not able to maintain a minimum six-foot social distance at all times; stagger shifts; reduce line speeds; operate only essential lines, while shutting down non-essential lines; ensure that all spaces where employees may gather, including locker rooms and lunchrooms, allow for social distancing; and downsize operations to the extent necessary to allow for social distancing and to provide a safe workplace in response to the COVID-19 emergency.

View the Indiana Letter To Operate Here

On March 23, 2020, Governor Holcomb issued Executive Order 20-08 directing all individuals living in Indiana to stay at home and all “Non-Essential Business and Operations” must cease. The Governor issued Executive Order 20-18 on April 6, 2020, which slightly modified the original Order and extended the effective period of the Order until 11:59 P.M. on April 20, 2020, unless modified, rescinded, or extended. The Order encourages “Essential Businesses and Operations” to remain open but requires each essential business to comply with social distancing requirements, including maintaining six-foot distances, providing hand sanitizer readily available for employees, among other requirements.

The Order permits individuals to perform work relating to “Essential Infrastructure.” Essential Infrastructure includes construction and building maintenance, which is to be construed broadly to avoid any impacts to essential infrastructure.

Additionally, Indiana’s Order includes the industries and workers described in in the CISA Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response. The CISA memorandum considers essential “workers such as plumbers, electricians, exterminators, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences, businesses, and buildings such as hospitals, senior living facilities, any temporary construction required to support COVID-19 response,” as well as “workers necessary for the manufacturing of materials and products needed for. . .supply chains associated with. . .emergency services,” “workers to ensure continuity of building functions,” or “workers–including contracted vendors—who maintain, manufacture, or supply equipment and services supporting law enforcement emergency service and response operations.” Additionally, “workers who support the supply chain of building materials from production through application/installation, including. . .hardware, plumbing, electrical. . .and employees who provide services that enable repair materials and equipment for essential functions” are considered essential under the CISA memorandum.

On March 28, 2020, Kansas’s Governor issued Executive Order No. 20-16 directing all Kansas residents to stay at home unless performing an essential activity, which includes “performing, or going to or from work at a business or organization to perform, an essential function as identified in the Kansas Essential Function Framework (‘KEFF’).” The Order is effective from March 30, 2020, at 12:01 a.m., through April 19, 2020, or until the State of Emergency expires.

The KEFF framework is broken down into four categories: Connect, Distribute, Manage and Supply. This framework identifies essential functions which are necessary to maintains critical infrastructure. The KEFF list includes maintaining specialized manufacturing or industrial equipment and production or distribution of construction materials, maintaining supply chains, and providing housing, which includes maintenance of a variety of types of structures. Additionally, businesses that manufacture equipment used for essential functions or critical infrastructure, as defined by DHS are exempt from the requirements of the Order. Lastly, businesses that provide public safety are exempted.

Moreover, any individual or business who is uncertain whether they are considered under the KEFF exemption may email KEFF@ks.gov to determine whether their functions are deemed essential.

View the Kentucky Letter To Operate Here

On March 25, 2020, Kentucky’s Governor issued Executive Order 2020-257 closing all businesses that are not “life sustaining.” The order is effective 08:00 p.m. March 26, 2020, through the duration of the State of Emergency declared in Kentucky. For purposes of the Order, “Life Sustaining Businesses” are those businesses under the CISA memorandum, as well as additional industries designated by the Governor.

The CISA memorandum considers essential “workers such as plumbers, electricians, exterminators, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences,” “workers necessary for the manufacturing of materials and products needed for . . . emergency services,” “ workers to ensure continuity of building functions,” or “workers–including contracted vendors—who maintain, manufacture, or supply digital systems infrastructure supporting law enforcement emergency service, and response operations.”

Additionally, Kentucky includes businesses providing construction or maintenance of residential, commercial, or governmental structures, including but not limited to plumbers [and] electricians . . . necessary for sustaining the safety, sanitation and operation of structures as “Life Sustaining Businesses.” Order, § 1(h). Also, Kentucky includes “manufacturing companies, distributors, and supply chain companies producing and supplying critical products and services in and for industries such as . . . construction, and products that can be used by other life sustaining businesses.” Order, § 1(p)

View the Louisiana Letter To Operate Here

Letter from State Fire Marshal Regarding Inspections

On March 22, 2020, Governor John Bel Edwards of Louisiana issued a Stay at Home Order. The Order was made effective until May 15, 2020 by the issuance of Proclamation 52 JBE 2020. The order exempts essential businesses covered under the CISA Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response.

The CISA memorandum considers essential “workers such as plumbers, electricians, exterminators, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences, businesses, and buildings such as hospitals, senior living facilities, any temporary construction required to support COVID-19 response,” as well as “workers necessary for the manufacturing of materials and products needed for. . .supply chains associated with. . .emergency services,” “workers to ensure continuity of building functions,” or “workers–including contracted vendors—who maintain, manufacture, or supply equipment and services supporting law enforcement emergency service and response operations.” Additionally, “workers who support the supply chain of building materials from production through application/installation, including. . .hardware, plumbing, electrical. . .and employees who provide services that enable repair materials and equipment for essential functions” are considered essential under the CISA memorandum.

Additionally, all Louisiana workers must wear face coverings when interacting with the public.

On April 4, 2020, Governor Edwards the activation of “Open Safely,” an online portal for closed businesses to declare the intention to reopen. Business owners whose businesses are currently closed as a result of Stay at Home Orders should visit the Open Safely website to receive COVID-19 mitigation requirements and a placard to be posted in the business. Business owners will then receive up-to-date information concerning reopening is allowed for the specific types of businesses.

On March 31, 2020, Maine’s Governor issued a stay at home Order requiring all persons living in Maine to stay at home. An exception to the order permits workers at “Essential Businesses and Operations” to travel between their homes and those businesses and organization. The Order is effective April 2, 2020, at 12:01 a.m., through April 30, 2020.

The stay at home Order incorporates Maine’s Executive Orders 19 FY 19/20 when defining Essential Businesses and Operations. Under Maine’s Order, “Essential Businesses and Operations” are the sectors identified in the CISA Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response.

The CISA memorandum considers essential “workers such as plumbers, electricians, exterminators, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences, businesses, and buildings such as hospitals, senior living facilities, any temporary construction required to support COVID-19 response,” as well as “workers necessary for the manufacturing of materials and products needed for . . . supply chains associated with. . .emergency services,” “workers to ensure continuity of building functions,” or “workers–including contracted vendors—who maintain, manufacture, or supply equipment and services supporting law enforcement emergency service and response operations.” Additionally, under the CISA memorandum, “workers who support the supply chain of building materials from production through application/installation, including. . . hardware, plumbing, electrical. . .and employees who provide services that enable repair materials and equipment for essential functions” are considered essential.

The Maine Order Regarding Essential Businesses and Operations further adds that: “In addition for clarity here in Maine, include the following. . .industrial manufacturing, construction, maintenance of essential infrastructure. . .essential home repair. . .”

However, “Essential Businesses and Operations” shall to the maximum extent practicable comply with social distancing requirements by designating six-foot spacing requirements, have hand sanitizer and sanitizing products readily available, and implement separate operating hours for elderly and vulnerable customers.

On March 30, 2020, Maryland’s Governor amended his March 23, 2020 Executive Order by closing all non-essential businesses and other establishments and by requiring all Maryland residents to stay at home. The Order is effective March 30, 2020, at 8:00 p.m., through the termination of the state of emergency, or until rescinded, superseded, amended, or revised by additional orders. The March 30, 2020 Order is the Governor’s Fourth Amendment to the original Order.

In addition to exempting essential personal activities, the Order allows staff and owners of businesses deemed essential to travel 1) between their homes and businesses; and 2) to and from customers for the purpose of delivering goods or performing services. Maryland’s Order relates to the closure of businesses that are not part of the critical infrastructure sectors identified in the CISA Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response. The CISA memorandum considers essential “workers such as plumbers, electricians, exterminators, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences,” “workers necessary for the manufacturing of materials and products needed for . . . emergency services,” “ workers to ensure continuity of building functions,” or “workers–including contracted vendors—who maintain, manufacture, or supply digital systems infrastructure supporting law enforcement emergency service, and response operations.”

The language remains unchanged from the previous orders regarding CISA covered businesses. Notwithstanding the reference to the CISA memo, the Order specifically lists a number of businesses which must close.

Effective at 7:00 a.m. on April 18, 2020, all riders and operators on public transportation, all customers over the age of nine in retail or foodservice establishments, and retail and foodservice establishment staff members are required to wear face coverings.

View the Massachusetts Letter To Operate Here

On March 23, 2020, Massachusetts’ Governor ordered certain business operations to cease in person operation, unless the business is included within the designation of “COVID-19 Essential Workforces.” The Order is effective from 12:00 P.M. on March 24, 2020, through May 4, 2020. The extension is pursuant to COVID-19 Order No. 21.

Businesses designated as “COVID-19 Essential Workforces” include “workers such as plumbers, electricians, exterminators, inspectors and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences, construction sites and projects, and needed facilities.” See https://www.mass.gov/info-details/covid-19-essential-services. These workers are listed in the “Public Works” section of the COVID-19 Essential Services listing. Additionally, “construction workers who support the construction, operation, inspection, and maintenance of construction sites and construction projects (including housing construction)” are included as essential workforces. Id (Listed under “Other Essential Community Based Service”).

On March 25, 2020, the Governor’s Legal Office provided guidance to local governments regarding the construction exemption provided for in the March 23, 2020, Executive Order. Pursuant to the March 25 guidance, Massachusetts set forth “COVID-19 Guidelines and Procedures for All Construction Sites and Workers at all Public Work.” The guidelines provide details on prevention of COVID-19, including the requirement of wash stations at all site-specific projects and a zero tolerance policy for reporting to work sick, among other social distancing requirements.

Additionally, on April 2, 2020, Massachusetts provided supplemental construction guidelines and guidance for enforcement of the COVID-19 safety guidelines and procedures for construction sites.

Under the supplemental guidelines, construction workers should follow the “General On-the-Job Guidance to Prevent Exposure & Limit the Transmission of the Virus of the COVID-19 Employee Health, protection, guidance and prevention guide.” There is a zero-tolerance policy for sick workers reporting to work. Employees are required to self-certify that they do not have symptoms, have not had close contact with someone who has tested positive, and that they have not been asked to self-isolate or quarantine. Contractors shall take immediate steps to limit infections at the job site in the event that a worker is discovered to have tested positive for COVID-19. Moreover, a contractor shall work with the local board of health to identify any potential jobsite exposures. Employee names shall be kept confidential. Any issue of non-compliance with the guidelines is grounds for suspension of work. Work will not be allowed until a plan to rectify the issues is approved by the owner.

Pursuant to the enforcement guidelines, construction sites which cannot consistently comply with COVID-19 Construction Safety Guidance—including ensuring that social distancing and safety requirements are being followed—will be suspended until a corrective action plan is provided and will be shut down for repeated violations. A city or town may additionally require the Owner to develop and submit a site-specific risk analysis and enhanced COVID-19 safety plan. A site-specific COVID-19 shall be designated for every site, and the approved the enforcement guidelines further require that the Contractor’s site-specific project COVID-19 Officer submit a written daily report. The enforcement guidelines, as well as all other state orders, take precedence over any local order.

All designated businesses are still urged to implement social distancing protocols and if a business believes it is essential, it may request a specific designation through the Commonwealth.

Finally, the Massachusetts Department of Public Health has issued guidance advising all residents to wear face coverings in public.

On May 1, 2020, Michigan Governor Gretchen Whitmer signed Executive Order 2020-70 allowing construction sites and certain other “low risk” industries to reopen on May 7, 2020, after being closed by prior Stay at Home Orders. Other businesses closed due to COVID-19 must remain closed until at least May 15, 2020. In order to reopen, construction sites must designate a site supervisor to enforce COVID-19 control strategies; conduct daily health screenings for workers; create dedicated entry points, if possible, or issuing stickers or other indicators to assure that all workers are screened every day; identify choke points and high-risk areas (like hallways, hoists and elevators, break areas, water stations, and buses) and controlling them to enable social distancing; and ensure sufficient hand-washing or hand-sanitizing stations at the worksite.

View the Minnesota Letter To Operate Here

View the State Fire Marshal Letter to Fire Sprinkler Contractors Here

On April 23, 2020, Minnesota Governor Tim Walz issued Emergency Executive Order 20-40. The Order allows non-essential industrial, manufacturing, and office-based businesses to reopen on or after April 27th, provided certain protective measures are taken to ensure employee/public safety. Public-facing businesses and offices are not covered by the Order. The provisions of Executive Order 20-20 (the Stay at Home Order) remain in place for all other residents and businesses until May 4th. Critical industries (including the sprinkler industry) remain exempt from the Stay at Home Order.

On March 25, 2020, Governor Walz issued Executive Order 20-20 directing all Minnesota residents to stay at home, except to engage in Critical Sector work. The Order is effective until May 4th for businesses and residents not covered by the provisions of Executive Order 20-40 discussed above.

Minnesota defines “Critical Sector” workers as those workers identified in the CISA Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response. Moreover, the exemption is only limited to travel to and from the individuals home and place of work and the individual’s performance of work.

On April 1, 2020, Mississippi’s Governor issued an Executive Order requiring all individuals in Mississippi to shelter in place, except as allowed within the Executive Order. The order is effective April 3, 2020, at 5:00 p.m. through April 20, 2020, at 8:00 a.m. Pursuant to the Order, all non-essential businesses and operation must cease. Businesses identified as “Essential Business” in Executive Order No. 1463 may remain open and operate at such levels as necessary to provide those essential services and functions.

Under Executive Order No. 1463 “Essential Business” means “construction and construction related services including building and construction. . .plumbers. . .other skilled trades, and other related construction firms and professionals for maintaining essential infrastructure.” The term also includes “essential infrastructure including. . .suppliers and distributors, supply chain companies. . .[and] electronic security and life safety services, as well as”essential services necessary to maintain the safety, sanitation and essential operations of residences and essential businesses and essential business operations, including. . .fire prevention. . .building code enforcement, security, [and] emergency management and response.”

Additionally, Mississippi Order No. 1463 includes exemptions for the personnel identified in the CISA Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response.

The CISA memorandum considers essential “workers such as plumbers, electricians, exterminators, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences, businesses, and buildings such as hospitals, senior living facilities, any temporary construction required to support COVID-19 response,” as well as “workers necessary for the manufacturing of materials and products needed for. . .supply chains associated with. . .emergency services,” “workers to ensure continuity of building functions,” or “workers–including contracted vendors—who maintain, manufacture, or supply equipment and services supporting law enforcement emergency service and response operations.” Additionally, “[w]orkers who support the supply chain of building materials from production through application/installation, including. . .hardware, plumbing, electrical. . .and employees who provide services that enable repair materials and equipment for essential functions” are considered essential under the CISA memorandum.

Lastly, other categories may be identified and deemed essential by the Mississippi Department of Health, the Mississippi Emergency Management Agency, and/or other appropriate agency of the State of Mississippi.

On April 3, 2020, Missouri’s Governor, through the Director of the Department of Health and Senior Services, issued a stay at home Order requiring all individuals currently residing in Missouri to avoid leaving their homes except to work, access food, health care, and other necessities. At all times, however, each individual should practice social distancing. The Order is effective April 6, 2020, at 12:01 a.m., through April 24, 2020, at 11:59 p.m.

The Missouri Order Businesses exempts businesses which employ “essential workers” from the social gathering and social distancing requirements of the Order. Businesses which employ “essential workers” are those employed in the business sectors described in the CISA Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response.

The CISA memorandum considers essential “workers such as plumbers, electricians, exterminators, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences, businesses, and buildings such as hospitals, senior living facilities, any temporary construction required to support COVID-19 response,” as well as “workers necessary for the manufacturing of materials and products needed for. . .supply chains associated with. . .emergency services,” “workers to ensure continuity of building functions,” or “workers–including contracted vendors—who maintain, manufacture, or supply equipment and services supporting law enforcement emergency service and response operations.” Additionally, “workers who support the supply chain of building materials from production through application/installation, including. . .hardware, plumbing, electrical. . .and employees who provide services that enable repair materials and equipment for essential functions” are considered essential under the CISA memorandum.

Those industries identified under the CISA Memorandum may remain open and are not subject to the limitations on social gatherings and social distancing. However, if a business that employs individuals to perform essential worker functions, as identified in the CISA Memorandum, and is engaged in retail sales to the public, it shall limit the number of individuals as follows: 1) twenty-five (25%) percent or less of the entity’s authorized fire or building code occupancy for retail locations with less than ten thousand square feet (10,000 ft2); 2) ten (10%) percent or less of the entity’s authorized fire or building code occupancy for retail locations with more than ten thousand square feet (10,000 ft2).

The Missouri Order permits all businesses other than those which employ “essential workers” to continue to operate provided they adhere to the social gathering restrictions, engage in social distancing, and utilize good hygiene practices. Where feasible, workers in these businesses should work from home.

Lastly, local health authorities may impose and enforce more restrictive public health requirements for businesses or individuals.

On March 26, 2020, Montana’s Governor issued an Executive Directive relating to previously issued Executive Orders. The Directive requires Montana residents to stay at home and only permits the operation of “Essential Businesses and Operations.” The Directive is effective March 28, 2020, at 12:01, a.m. through April 10, 2020.

Montana defines “Essential Businesses and Operations” as those sectors identified in the CISA Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response.

The CISA memorandum considers essential “workers such as plumbers, electricians, exterminators, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of homes and residences, and the Critical Sectors listed in this Executive Order,” as well as “workers necessary for the manufacturing of materials and products needed for . . . emergency services,” “ workers to ensure continuity of building functions,” or “workers–including contracted vendors—who maintain, manufacture, or supply digital systems infrastructure supporting law enforcement emergency service, and response operations.”

Additionally, Montana’s Directive permits individuals to perform work relating to “Essential Infrastructure.” Essential Infrastructure, defined in Section I, paragraph 8 of the Directive, includes construction and building maintenance (such as hospital construction), which, per the Directive, is to be “construed broadly to avoid any impacts to essential infrastructure.” Also, Montana’s Directive includes critical trades as an “Essential Businesses and Operations.” This category includes workers such as electricians, plumbers, and other service providers who provide services that are necessary to maintaining the safety and essential operation residences and Essential Businesses and Operations.

The Directive requires all Essential Businesses and Operations to maintain the social distancing requirements of at least six (6) feet distancing, regular cleaning of surfaces, and facilitating remote access if possible.

On March 31, 2020, Nevada’s Governor issued a stay at home Order requiring all Nevadans to stay in their residences, with limited exceptions, such as to provide services or perform work necessary to the operations set forth in the March 20, 2020 Emergency Regulations. The Order is effective until April 30, 2020.

Under the Order, Nevada residents may leave their residences to provide services or perform work necessary to the operations of Essential Licensed Businesses and Essential Infrastructure. The March 20, 2020 Emergency Regulations define “essential infrastructure” as “operations, including construction [and] housing construction.” Additionally, Nevada residents may leave their residence to provide services or perform work necessary to other “Essential Licensed Businesses.” Per the Emergency Regulations, “Essential Licensed Businesses” include “construction, housing construction, manufacturing, plumbers, electricians and others who provide services necessary to maintain the safety, sanitation, and essential operations of residences or businesses.”

Directive 003, issued on March 20, 2020, permits the construction, manufacturing, and infrastructure sector labor force may continue operations, but shall maintain strict social distancing practices and comply with any applicable regulations.

Directive 003 shall not be construed to hinder the ability of the industries identified in the CISA Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response to continue their operations.

The CISA memorandum considers essential “workers such as plumbers, electricians, exterminators, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences, businesses, and buildings such as hospitals, senior living facilities, any temporary construction required to support COVID-19 response,” as well as “workers necessary for the manufacturing of materials and products needed for. . .supply chains associated with. . .emergency services,” “workers to ensure continuity of building functions,” or “workers–including contracted vendors—who maintain, manufacture, or supply equipment and services supporting law enforcement emergency service and response operations.” Additionally, “workers who support the supply chain of building materials from production through application/installation, including. . .hardware, plumbing, electrical. . .and employees who provide services that enable repair materials and equipment for essential functions” are considered essential under the CISA memorandum.

View the New Hampshire Letter To Operate Here

On March 26, 2020, New Hampshire’s Governor ordered the closure of non-essential businesses and requiring New Hampshire individuals to stay at home. The order is effective on March 27, 2020, at 11:59 p.m. until May 4, 2020, at 12:01 a.m.

New Hampshire Order references an “Exhibit A” which lists “Essential Services.”2 An “essential services” designation permits an entity to continue operating with necessary staff to complete critical and essential functions.  Included in New Hampshire’s list of “Essential Services” are: construction workers who support the construction, operation, inspection, and maintenance of construction sites and projects, including housing construction and manufacturing companies, distributors, and supply chain companies producing and suppling materials and products for industries that include construction. Additionally, workers ensuring continuity of building functions, such as providing other safety related professional work are included as “Essential Services.”

“Essential Services” are still urged to maintain social distancing protocols by prohibiting gatherings of 10 or more individuals; maintaining a distance of six feet between individuals; and encouraging employees to stay at home when sick.

Lastly, New Hampshire permits businesses not designated in the exhibit to request an “essential services” designation.

On April 8, 2020, New Jersey’s Governor issued an Executive Order No. 122, relating to Essential Businesses and the previously signed stay at home Order. The Additional Order goes into effect April 10, 2020, at 08:00 p.m., and remains in effect until revoked or modified by Governor Murphy.

Pursuant to the Order, all non-essential construction projects shall cease. The Order only exempts a specific list of “essential construction projects,” including the following (in an abbreviated summary):

• Projects necessary for the delivery of healthcare services;
• Transportation projects, including roads, bridges, and mass transit facilities or physical infrastructure;
• Utility projects, including those necessary for energy and electricity production and transmission;
• Residential projects that are exclusively designated as affordable housing;
• Projects involving pre-K-12 schools;
• Projects already underway involving individual single-family homes, or an individual apartment unit where an individual already resides, with a construction crew of 5 or fewer individuals. This includes additions to single-family homes such as solar panels;
• Projects already underway involving a residential unit for which a tenant or buyer has alredy entered into a legally binding agreement to occupy the unit by a certain date, and construction is necessary to ensure the unit’s availability by that date;
• Projects involving facilities at which any one or more of the following takes place: the manufacture, distribution, storage, or servicing of goods or products that are sold by online retail businesses or essential retail businesses, as defined by Executive Order No. 107 (2020) and subsequent Administrative Orders adopted pursuant to that Order;
• Projects involving data centers or facilities that are critical to a business’s ability to function;
• Projects necessary for the delivery of essential social services, including homeless shelters;
• Any project necessary to support law enforcement agencies or first responder units in their response to the COVID-19 emergency;
• Any project that is ordered or contracted for by Federal, State, county, or municipal government, or any project that must be completed to meet a deadline established by the Federal government;
• Any work on a non-essential construction project that is required to physically secure the site of the project . . . abate any hazards that would exist on the site if the construction were to remain in its current condition. . . or otherwise ensure that the site and any buildings therein are appropriately protected and safe; and
• Any emergency repairs necessary to ensure the health and safety of residents.

Additionally, the Order sets forth additional requirements on manufacturing businesses, warehousing businesses, and businesses engaged in essential construction projects. The Order requires each business to adopt the following minimum requirements: a) prohibiting non-essential visitors from entering the worksite; b) limiting worksite meetings, inductions, and workgroups to groups of fewer than 10 individuals; c) requiring individuals to maintain six feet or more distance between them wherever possible; d) staggering work start and stop times where practicable to limit the number of individuals entering and leaving the worksite at the same time; e) staggering lunch breaks and work times where practicable to enable operations to safely continue while utilizing the least number of individuals possible at the site; f) restricting the number of individuals who can access common areas, such as restrooms and breakrooms, at the same time; g) requiring workers and visitors to wear cloth face coverings (except where doing so would inhibit health) and requiring workers to wear gloves while on premises (Businesses MUST provide, at their expense, face coverings and gloves for their employees); h) requiring infection control practices, such as regular hand washing, coughing and sneezing etiquette, and proper tissue usage and disposal; (i) limiting sharing of tools, equipment, and machinery; (j) provide sanitization; and (k) requiring frequent sanitization.

Finally, the Order requires those same businesses to adopt the following minimum policies to address sick workers, including the following: (a) immediately separating and sending home workers with COVID-19 symptoms; (b) promptly notifying workers of any known exposure at the worksite (consistent with confidentiality requirements); (c) cleaning and disinfecting worksite in accordance with CDC guidelines; and (d) following guidelines and directives issued by NJ Department of Health, the CDC, and the Occupational Health and Safety Administration.

Please note that the confidentiality provisions Americans with Disabilities Act apply with respect to notifying employees of exposure to COVID-19. Employers may not identify employees known to be infected with COVID-19 by name to other employees.

Effective at 8:00 p.m. on April 13, 2020, New Jersey’s Executive Order 125 requires all workers and customer to wear cloth face coverings while on trains, buses, and light rail vehicles. The same requirement applies to private carriers.  Additionally, the face-covering requirement applies to all restaurants, cafeterias, dining establishments, food courts, and bars.

On March 23, 2020, New Mexico’s Department of Health Secretary issued a public health Order closing all businesses except those deemed essential. The order is in effect until rescinded and closes certain businesses and advises New Mexico’s citizens to stay at home.

The Order defines “Essential business” as “infrastructure operations including, but not limited to, public works construction [and] commercial and residential construction and maintenance.” Additionally, the order includes “services necessary to maintain the safety and sanitation of residences or essential businesses including . . . plumbers, electricians, and other skilled trades,” and manufacturing operations to include “electrical equipment, appliance, and component manufacturers…”

These essential businesses are exempt from the Order to reduce the in-person workforce at each business location by 100%. However, while “Essential businesses” may remain open, they must, to the greatest extent possible, adhere to social distancing and ensure that all surfaces are cleaned routinely.

New York has continued to modify its stay at home Order. Stay at Home Order No. 202.8, modified the initial Stay at Home Order No. 202.6, by requiring all businesses to utilize telecommuting procedures and reduce in-person workforce by 100% no later than March 22, 2020 at 8:00 p.m. However, the restrictions do not apply to “an entity providing essential services or functions whether to an essential business or a non-essential business.” These provisions of these Orders will remain in effect until May 15, 2020, with the issuance of Stay at Home Order No. 202.17.

New York did not include in the Order a definition of essential services, instead issuing a separate policy directive. According to the Governor, and for purposes of Executive Order 202.6, the initial stay at home order, “Essential Business,” includes twelve (12) sectors.2 New York provides within the definition of essential services that “all non-essential construction must shut down except emergency construction.” For purposes of the Order, essential construction may continue and includes “roads, bridges, transit facilities, utilities, hospitals or health care facilities, affordable housing, and homeless shelters.” Enforcement of the construction restrictions may include fines of up to $10,000 per violation. However, construction work under this section [construction] does not include a single worker, who is the sole employee/worker on a job site.

While there are limitations on construction, businesses providing essential services necessary to maintain the safety, sanitation and essential operations of residences or other essential businesses, including “fire prevention and response” and “building code enforcement” are included as “Essential Businesses.” Also included within Essential Services is “maintenance for the infrastructure of the facility or to maintain or safeguard materials or products therein.” New York also provides an avenue to have a business designated as an essential business.

Effective April 15, at 8:00 p.m., all essential businesses or entities must provide any employees who are present in the workplace with face coverings when in direct contact with customers or members of the public. Employees are required to wear these face coverings, and businesses must provide them at their expense.

In addition, effective at 8:00 p.m. on Friday, April 17, 2020, any individual over age two and able to medically tolerate a face-covering shall be required to cover their nose and mouth with a mask or cloth face-covering when in a public place and unable to maintain, or when not maintaining, social distance.

Governor Cuomo Announces New York Reopening Guidelines

On March 27, North Carolina’s Governor issued a Stay at Home Order effective March 30, 2020, at 5:00 p.m., through April 29, 2020, unless repealed, replaced, or rescinded by another Executive Order. The Order permits North Carolina residents to leave their homes for Essential Activities, Essential Governmental Operations, or to participate in or access COVID-19 Essential Businesses and Operations.

North Carolina defines “Essential Businesses and Operations” as those sectors identified in the CISA Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response.

The CISA memorandum considers essential “workers such as plumbers, electricians, exterminators, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of homes and residences, and the Critical Sectors listed in this Executive Order,” as well as “workers necessary for the manufacturing of materials and products needed for . . . emergency services,” “ workers to ensure continuity of building functions,” or “workers–including contracted vendors—who maintain, manufacture, or supply digital systems infrastructure supporting law enforcement emergency service, and response operations.”

Additionally, North Carolina includes “Critical Trades” as “Essential Businesses and Operations.” This category includes workers such as electricians, plumbers, and other service providers who provide services that are necessary to maintaining the safety and essential operation residences and Essential Businesses and Operations. See Order §2(C)(15). Businesses that sell, manufacture, support or supply essential businesses fall within the definition of essential businesses, See Order §2(C)(21), as do those manufacturing companies, distributors, and supply chain companies producing and supplying essential product and services in and for industries such as construction. See Order §2(C)(26).

The order requires all Essential Businesses and Operations to maintain the social distancing requirements of at least six (6) feet distancing, regular cleaning of surfaces, and facilitating remote access if possible.

On April 30, 2020, Dr. Amy Acton, the Ohio Director of Health, issued a Stay Safe Ohio Order, effective April 30, 2020, at 11:59 p.m., until 11:59 p.m. on May 29, 2020, unless rescinded or modified. The Order allows all businesses and operations, except those enumerated in the Order, to reopen, subject to the implementation of COVID-19 mitigation procedures. Any NFSA business closed by prior Orders may reopen, except that retail businesses required to be closed by prior Orders must remain closed until May 12, 2020.

The Order requires several general actions to be taken to mitigate the spread of COVID-19. These include the following: (1) maintain six feet of social distancing at all times and designate six-foot increments within businesses by using signage, tape, or other means; (2) require facial coverings to be worn; (3) provide hand sanitizer for employees and customers; (4) implement separate operating hours for elderly and vulnerable customers; (5) post notices online indicating whether a business is open and how to access services remotely; (6) limit employee travel to the extent possible; (7) encourage working from home as much as possible; (8) encourage sick employees to stay home; (9) update sick leave policies; (10) frequently clean and sanitize commonly touched surfaces; and (11) comply with all applicable guidance from the Centers for Disease Control and Prevention and the Ohio Department of Health.

In addition, the Order contains industry-specific requirements for several different types of businesses. The provisions for the manufacturing, distribution, and construction sector are as follows: (1) ensure minimum 6 feet between people and, if not possible, install barriers; (2) require employees to perform daily symptom assessments, including temperature checks; (3) require sick employees to stay home; (4) have employees and guests wear facial coverings; (5) require regular handwashing; (6) stagger or limit arrival times and shift patterns for employees and guests; (7) implement telework where possible; (8) disinfect workstations, desks, and high contact surfaces daily; (9) stagger lunch and break times; (10) minimize number of people in common areas; (11) establish maximum capacity for buildings; and (12) contact local health authorities regarding suspected cases of or exposures to the virus.

On March 24, 2020, Oklahoma’s Governor amended his COVID-19 Executive Order. The amended Order requires Oklahoma adults over the age of sixty-five (65) and all people with a serious underlying medical condition to stay at home except for working in a critical infrastructure sector. Further, the Order requires all business not identified as a critical infrastructure sector to close. The Order is effective from 11:59 P.M. on March 25, 2020 until April 16, 2020.

Oklahoma defines critical infrastructure sectors by referring to the CISA memorandum. The CISA memorandum considers essential “workers such as plumbers, electricians, exterminators, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences,” “workers necessary for the manufacturing of materials and products needed for . . . emergency services,” “ workers to ensure continuity of building functions,” or “workers–including contracted vendors—who maintain, manufacture, or supply digital systems infrastructure supporting law enforcement emergency service, and response operations.”

Additional sectors may be designated as critical by Executive Order or Memorandum.

View the Oregon Letter To Operate Here

On Monday, March 23, 2020, Oregon’s Governor issued a stay at home Order effective immediately and in effect until terminated by the Governor. The Order directs Oregon residents to stay at home and closes certain businesses, such as amusement parks, barbershops, museums, and similar businesses where close personal contact is difficult or impossible to avoid. Additionally, the Oregon Health Authority has authority to determine additional business closures.

All other businesses shall facilitate work-at-home to the greatest extent possible. To the extent work-at-home is not an option, each business must designate an employee or officer to “establish, implement, and enforce social distancing policies, consistent with guidance from the Oregon Health Authority. Such policies also must address how the business . . . will maintain social distancing protocols for business-critical visitors.”

View the Pennsylvania Letter To Operate Here

On March 19, 2020, Pennsylvania Governor Tom Wolf issued an Executive Order directing all non-life-sustaining businesses and operations, including construction, to cease operations. The Governor identified three exceptions to this Order for the construction industry: healthcare facilities, emergency repairs, and those projects which received a waiver from the Order from the State. Except for businesses identified as life sustaining businesses in the Governor’s industry-specific guidance and construction companies able to comply with the provisions outlined below, a stay at home Order will remain in effect until May 8, 2020, unless amended.

On April 20, 2020, Governor Wolf issued an amended Order to allow for limited construction activity to commence starting May 1, 2020, contingent on compliance with guidance issued by the Governor’s Office.

Provisions of the Governor’s “Guidance for Businesses in the Construction Industry” include, but are not limited to, the following:

(1) Follow all applicable provisions of the Order of the Secretary of Health providing for business safety measures, issued April 15, 2020;

(2) Follow all applicable provisions of the Order of the Secretary of Health providing for building safety measures, issued April 5, 2020;

(3) Follow all applicable Pennsylvania Department of Health (DOH) guidance;

(4) Follow all applicable Centers for Disease Control and Prevention (CDC) guidance;

(5) Conduct jobsite screening based on CDC guidance to determine if employees should work;

(6) Prohibit any employee with COVID-19 symptoms from working;

(7) Restrict job-site construction personnel, for all trades, to 4 workers for single-family and two-family dwellings;

(8) Restrict job-site construction personnel, for all trades, to 4 workers for buildings of 2,000 square feet or less, with one (1) additional worker allowed for each additional 500 square feet;

(9) Comply with local authorities which impose more stringent requirements;

(10) Maintain 6 feet of social distancing, except where deviation is required for safety reasons, and disallow gatherings of more than 10 people;

(11) Regularly clean and disinfect high-touch areas;

(12) Control access to jobsites and prohibit unnecessary visitors/vendors;

(13) Provide masks to employees and require that they be worn on the jobsite, except for eating and drinking;

(14) Provide employees access to regular handwashing and/or sanitizing resources;

(15) Establish protocols to follow if the jobsite has been exposed to a person with probable or confirmed case of COVID-19; and

(16) Identify a “Pandemic Safety Office” for each construction site.

There are many requirements listed in this guidance, and all contractors who plan to operate under the provisions of the guidance should thoroughly review it to ensure compliance. Contractors with questions about the guidance are encouraged to consult applicable professionals (attorneys, safety experts, etc.), to email the Department of Labor and Industry at RA-LIBOIS-BUILDINGS@pa.gov, and to consult the Department of Health’s frequently asked questions page.

On March 28, 2020, Rhode Island’s Governor issued her eleventh supplemental emergency declaration requiring all Rhode Island resident to stay home unless traveling to work. Additionally, the Order prohibits all gatherings of more than five (5) people in any public or private space such as an auditorium, stadium, arena, large conference, meeting hall, or park or beach, among others. Lastly, the Order closes certain retail businesses, deemed non-critical retail businesses. Under the Order, Rhode Island defines critical retail businesses to include. . .industrial and agricultural/seafood equipment and supply stores, hardware stores, and other stores and businesses identified as critical by the Department of Business Regulation. The Order is effective until April 13, 2020.

On April 6, 2020, South Carolina’s Governor issued a Stay at Home or Work Order requiring any and all residents and visitors of South Carolina to limit their movements outside of their home except as allowed by the Order, such as for engaging in Essential Business, Essential Activities, or Critical Infrastructure Operations. The Order is effective April 7, 2020, at 5:00 p.m. through the State of Emergency. Essential Business is defined to specifically exclude entertainment venues, recreational and athletic facilities, close contact service providers and certain retail operations. Additional specific restrictions are placed on these retail business which may permit them to remain in operation.

South Carolina defines Critical Infrastructure Operations as, inter alia, individuals performing or assisting with military, healthcare, public safety, or emergency response operations, as well as any other operation or service identified in the CISA Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response.

The CISA memorandum considers essential “workers such as plumbers, electricians, exterminators, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences, businesses, and buildings such as hospitals, senior living facilities, any temporary construction required to support COVID-19 response,” as well as “workers necessary for the manufacturing of materials and products needed for. . .supply chains associated with. . .emergency services,” “workers to ensure continuity of building functions,” or “workers–including contracted vendors—who maintain, manufacture, or supply equipment and services supporting law enforcement emergency service and response operations.” Additionally, “workers who support the supply chain of building materials from production through application/installation, including. . .hardware, plumbing, electrical. . .and employees who provide services that enable repair materials and equipment for essential functions” are considered essential under the CISA memorandum.

Lastly, all businesses are urged to promote effective “social distancing” practices, to facilitate self-isolation, and to otherwise prevent exposure to COVID-19.

On April 28, 2020, Tennessee Governor Bill Lees issued Executive Order 30, allowing most businesses closed by prior Stay at Home Orders to reopen. The Order is effective April 29, 2020, at 12:01 a.m., through May 29, 2020, at 11:59 p.m., unless amended or rescinded. While some businesses listed in the Order must remain closed or limit operations, all NFSA businesses closed by prior Orders may reopen, subject to implementation of COVID-19 mitigation procedures.

Employers are ordered to take the following precautions: (1) implement policies regarding social distancing, temperature checks, sanitation, use and disinfection of common areas, and reduced travel; (2) monitor employees for symptoms; (3) prohibit sick employees from reporting to work; (4) comply with governmental contact tracing procedures for both employees and customers; and (5) allow telework as much as possible.

The Order contains several procedures which are required or suggested of individuals as well including but not limited to (1) wearing facial coverings; (2) restricting gatherings of 10 or more people; (3) maintaining six feet of social distancing; and (4) observing all CDC guidelines.

On March 31, 2020, Texas’ Governor signed an Executive Order requiring every person in Texas to minimize social gatherings and minimize in-person contact, except where necessary to provide or obtain essential services. The order is effective April 2, 2020, at 12:01 a.m., through April 30, 2020.

Under the Order, “Essential services” consist of personnel identified in the CISA Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response.

The CISA memorandum considers essential “workers such as plumbers, electricians, exterminators, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences, businesses, and buildings such as hospitals, senior living facilities, any temporary construction required to support COVID-19 response,” as well as “workers necessary for the manufacturing of materials and products needed for. . .supply chains associated with. . .emergency services,” “workers to ensure continuity of building functions,” or “workers–including contracted vendors—who maintain, manufacture, or supply equipment and services supporting law enforcement emergency service and response operations.” Additionally, under the CISA memorandum, “[w]orkers who support the supply chain of building materials from production through application/installation, including. . . hardware, plumbing, electrical. . .and employees who provide services that enable repair materials and equipment for essential functions” are considered essential.

Additionally, the Texas Division of Emergency Management (“TDEM”) may add to the list of businesses considered “Essential services.” Businesses may apply to be added to the list at the TDEM website.

Please note that nothing in this Order appears to explicitly close a class of businesses that affects NFSA contractors, suppliers, or manufacturers. NFSA is closely monitoring this situation and will update as appropriate.

Finally, the Order notes that it shall supersede any “conflicting order” issued by local officials in response to COVID-19, but only to the extent the order restricts essential services or allows gatherings prohibited by the Order.

On March 25, 2020, the Governor of Vermont issued a stay at home Order, effective March 25, 2020, at 5:00 p.m., through April 15, 2020. The Order requires all businesses to suspend in-person business operations, unless providing services or functions deemed critical to public health and safety.

Vermont provides the following functions are deemed critical: construction necessary to support the COVID-19 response and maintain crucial infrastructure (including utilities, telecommunication, airports and transportation infrastructure); building and property services for the safety and operations of residences and other businesses; and other vendors of equipment repair and maintenance services necessary to support the COVID-19 response.

Additionally, Vermont’s Agency of Commerce and Community Development issued guidance for Vermont businesses. Vermont provided a detailed list based on the 4 digit NAICS code to determine whether a business is critical. However, the State’s COVID-19 response Frequently Asked Questions document indicates that “all business activities and workers identified in the CISA Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response are deemed critical to Vermont.

The CISA memorandum considers essential “workers such as plumbers, electricians, exterminators, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences, businesses, and buildings such as hospitals, senior living facilities, any temporary construction required to support COVID-19 response,” as well as “workers necessary for the manufacturing of materials and products needed for. . .supply chains associated with. . .emergency services,” “workers to ensure continuity of building functions,” or “workers–including contracted vendors—who maintain, manufacture, or supply equipment and services supporting law enforcement emergency service and response operations.” Additionally, “workers who support the supply chain of building materials from production through application/installation, including. . .hardware, plumbing, electrical. . .and employees who provide services that enable repair materials and equipment for essential functions” are considered essential under the CISA memorandum.

View the Virginia Letter To Operate Here

On March 30, 2020, Virginia’s Governor issued an Executive Order requiring all individuals in Virginia to remain in their place of residence, unless exempted pursuant to a future or revised order. Executive Orders 53 and 55 are now effective March 30, 2020, through June 10, 2020, unless amended or rescinded by further executive order.

Executive Order 53 closes businesses relating to dining, such as restaurants, food courts, breweries, wineries, and farmers markets. Additionally, Order 53 closes various recreational and entertainment businesses, such as theaters, concert venues, museums, gymnasiums, barbershops, spas, tattoo shops, racetracks, bowling alleys, and other places of indoor public amusement. Essential retail, such as grocery stores, pharmacies, auto repair facilities, hardware retailers, liquor stores, pet stores, and laundromats, among others may remain open. Other brick and mortar retail business must limit in-person shopping to no more than 10 patrons per establishment.

Remaining businesses may remain open but utilize teleworking as much as possible and adhere to social distancing recommendations.

Executive Order 55, the Stay at Home Order, closes additional areas of Virginia, such as the closure of public beaches and the continuation on the ban of all public and private in-person gatherings of more than ten (10) individuals.

While most businesses in Washington remain closed under Governor Inslee’s existing Stay at Home Order, the Governor has released guidelines for “low-risk construction work” to resume. Effective April 23, 2020, construction projects which comply with the provisions of the Governor’s “Phase 1 Construction Restart” plan will be considered “low risk” and may begin working again.

The plan places several requirements on contractors wishing to resume work, including (1) workers may not conduct any activity which requires them to be within six feet of another worker; (2) contractors must develop “a comprehensive COVID-19 exposure control, mitigation, and recovery plan” and post it at every job site before work may begin; (3) contractors must post a notice of the specific work to be completed at each job site and a signed commitment to comply with the requirements of the Governor’s plan; and (4) contractors must comply with the COVID-19 jobsite safety guidance found in the Washington State Department of Labor & Industries General Coronavirus Prevention Under Stay Home-Stay Healthy Order (DOSH Directive 1.70) and the Washington State Department of Health Workplace and Employer Resources & Recommendations.

Further requirements include the provision of a COVID-19 site supervisor, conducting COVID-19 safety training on all jobsites, social distancing, the employer’s provision of specified PPE for all employees, jobsite cleaning and sanitation requirements, monitoring employee health (including taking every employee’s temperature at the beginning of the day), and logging all workers and visitors to every jobsite every day. Please see the Governor’s plan here for further details.

On March 30, 2020, Washington D.C.’s Mayor issued a stay at home Order (“Mayor’s Order 2020-054”) requiring all individuals living in Washington D.C. to remain at home. The order permits individuals to leave their residences to work at Essential Businesses. The Mayor’s March 24, 2020, (“Mayor’s Order 2020-053”) closes all non-essential businesses and prohibits large gatherings of ten or more people.

For purposes of the Stay at Home Order, Washington D.C. incorporates the March 24 order and defines “Essential Business” as “Construction and Building Trades, including plumbers; pipefitters; steamfitters; electricians; . . .businesses that sell supplies and materials for maintenance of commercial and residential buildings and homes . . . and businesses that provide services that are necessary to maintaining the safety, sanitation, and operation of residences and Essential Businesses.” Mayor’s Order 2020-053, § IV(1)(j).

Additionally, Mayor’s Order 2020-54 provides the Department of Consumer and Regulatory Affairs (“DCRA”) may request, and an Essential Business must provide its plans for complying with the requirements to minimize person-to-person contact and achieve social distancing. Moreover, the DCRA may summarily close a business, subject to a subsequent hearing.

On April 15, 2020, the Mayor extended the duration of her previous Orders through May 15 and amended them by adding additional requirements. First, “Individuals using taxis, ride-sharing vehicles, or other private transportation providers shall wear a mask or mouth covering.” Additionally, “Employees of and individuals using public transportation are strongly encouraged to wear masks or mouth coverings.” Third, “Food Sellers, Hotels, Taxis, Ride-sharing companies, and other private transportation providers must require employees and independent contractors to wear gloves and cloth or surgical masks and instruct employees and independent contractors on safe use. All gloves and masks shall be procured by businesses.” Finally, hotels shall post signage at entrances requiring guests and visitors to wear a mask or mouth covering.

View the West Virginia Letter To Operate Here

On March 23, 2020, West Virginia’s Governor issued a stay-at-home Order, effective 8:00 P.M. March 24, 2020 until termination by subsequent order. All West Virginia residents are ordered to stay at home unless performing an essential activity, which includes going to and from an individual’s workplace if such workplace is an “Essential Business and Operation.” Unless a business is deemed “essential” by the Order, they are required to cease all activities except minimum basic operations.

The Governor identifies the industries and workers described in the CISA Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response as essential. In addition, the Order identifies essential infrastructure, such as construction, which is construed broadly according to the Order, as essential. Moreover, critical trades, such as construction tradesmen, plumbers . . . and other service providers who provide services that are necessary to maintain the safety . . . of residences are deemed essential. Manufacturers of products used by essential businesses are also permitted to remain in operation, as are businesses that supply essential businesses with support or materials, including electrical and plumbing material

Lastly, the CISA memorandum considers essential “workers such as plumbers, electricians, exterminators, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences,” “workers necessary for the manufacturing of materials and products needed for . . . emergency services,” “ workers to ensure continuity of building functions,” or “workers–including contracted vendors—who maintain, manufacture, or supply digital systems infrastructure supporting law enforcement emergency service, and response operations.”

On March 24, 2020, Wisconsin’s Governor issued a stay at home Order, effective from 8:00 a.m. on March 25, 2020, through 8:00 a.m. on April 24, 2020, or until a superseding order is issued. All Wisconsin individuals are ordered to stay at home, unless performing essential activities or operating “essential businesses and operations,” among others. Unless a business is deemed “essential” by the Order, it is required to cease all activities except minimum basic operations and operations consisting of working from home.

The Order permits individuals to perform work relating to “Essential Infrastructure.” Essential Infrastructure, defined in paragraph 10 of the Order, includes construction and building maintenance (such as hospital construction), which, per the order, is to be “construed broadly to avoid any impacts to essential infrastructure.” Additionally, in paragraph 13.a, Wisconsin’s Order includes those industries and workers described in the CISA Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response, as essential. Additionally, critical trades, such as construction tradesmen, plumbers, pipe trades . . . and other service providers who provide services that are necessary to maintain the safety . . . of residences, Essential Activities, Essential Governmental Functions, and Essential Businesses and Operation are deemed essential by the Order. Paragraph 13.n.

This latter designation overlaps somewhat with the CISA memorandum, which considers essential “workers such as plumbers, electricians, exterminators, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences,” “workers necessary for the manufacturing of materials and products needed for . . . emergency services,” “ workers to ensure continuity of building functions,” or “workers–including contracted vendors—who maintain, manufacture, or supply digital systems infrastructure supporting law enforcement emergency service, and response operations.”

All “essential businesses” shall ensure social distancing and not engage in door-to-door solicitation. Moreover, a business can request an essential designation through the Wisconsin Economic Development Corporation.