Governor Kemp’s Shelter in Place Executive Order went into effect at 6 pm on April 3. We’ve received questions from a few clients as to the breadth of this order, and want to attempt to clarify what activities are permitted under the order.

The Executive Order creates two classifications of businesses: those that constitute “Critical Infrastructure” and all other businesses. The Executive Order defines Critical Infrastructure as those businesses that have “essential critical infrastructure workforce” as defined in Guidance issued by the Cybersecurity and Infrastructure Security Agency, which in turn identifies the following industries:

Communications;
Chemical;
Critical Manufacturing;
Commercial Facilities;
Dams;
Defense Industrial Base;
Emergency Services;
Energy;
Financial;
Food & Agricultural;
Government Facilities;
Healthcare and Public Health;
Information Technology;
Nuclear Reactors, Material and Waste;
Transportation Services; and
Water.

Businesses that are not Critical Infrastructure may only engage in Minimum Business Operations. Despite its name, Minimum Business Operations is defined somewhat broadly in that it allows for necessary activities to maintain the value of a business, including providing services, managing inventory, processing payroll and other similar activities. In addition, Minimum Business Operations includes all instances where employees work outdoors without regular contact with other persons and activities necessary to allow employees to work from their home or for clients to remotely access the company’s goods and services.

Regardless of whether your business is defined as “Critical Infrastructure”, any business that continue operating must implement measures to mitigate the exposure of its workforce to Covid-19. These mitigation efforts including maintaining social distance, checking temperatures, enhancing sanitation and requiring workers who display symptoms of illness to not report to work and seek medical attention.

The Executive Order may be viewed at https://t.co/vpa7qKcgN3.

The CISA Guidance on Essential Critical Infrastructure Workfoce can be viewed at https://www.cisa.gov/publication/guidance-essential-critical-infrastructure-workforce

If you have any questions, please contact us.