Effective Tuesday, March 24, 2020,, at 12:00 PM, until Tuesday, April 7, 2020, at 12:00 PM, Governor Charlie Baker has issued an emergency Order requiring all businesses and organizations that do not provide "COVID-19 Essential Services" to close their physical workplaces and facilities to workers, customers, and the public, in Massachusetts. These businesses are encouraged to continue operations remotely. Below is a summary of the Order and some practical advice related to it.
- According to the Order, gatherings of more than 10 people are prohibited throughout the Commonwealth.
- Guidance on what constitutes COVID-19 Essential Services is found here. This list is based on federal guidance and amended to reflect the needs of Massachusetts' unique economy. While these businesses are designated as essential, any employers who believe they constitute an Essential Service should follow social distancing protocols for any employees who continue working onsite in accordance with guidance from the Massachusetts Department of Public Health, the Centers for Disease Control, and the Occupational Safety and Health Administration. Wilson Sonsini will continue to monitor and provide updates on any new guidance issued by these agencies.
- Employers may also want to review Wilson Sonsini's client alert "Coronavirus Action Plan for Employers" for guidance on how to address common employment-related issues faced by employers.
Enforcement
- The Department of Public Health shall enforce this Order with the assistance of State or municipal police, through warnings, fines, or potential imprisonment.
- Violation of this Order may result in criminal penalty pursuant to Section 8 of Chapter 639 of the Acts of 1950, which may include a civil fine of up to $300 per violation, or imprisonment of not more than one year.
- The Commissioner of Public Health is directed to act under any appropriate authority to supplement the terms of this Order in the event she determines additional measures are required to ensure that its terms are observed.
List of "COVID-19 Essential Services"
- If the function of your business is not listed in the guidance, but you believe that it is essential or it is an entity providing essential services or functions, you may request designation as an essential business.
- Requests by businesses to be designated an essential function should only be made if they are NOT covered by the guidance.
- To request designation as an essential business, please click here.
- "Essential Services" include:
- Medical professionals and caregivers
- Hospital and laboratory personnel
- Workers in medical facilities
- Manufacturers, technicians, logistics and warehouse operators, and distributors of or necessary to the supply chain of medical equipment, personal protective equipment (PPE), medical gases, pharmaceuticals, blood and blood products, vaccines, testing materials, laboratory supplies, cleaning, sanitizing, disinfecting or sterilization supplies, and tissue and paper towel products
- Public health workers
- Workers that manage health plans
- Workers performing cybersecurity functions at healthcare and public health facilities, who cannot practically work remotely
- Workers conducting research critical to COVID-19 response
- Law enforcement, public safety, first responders
- Electricity industry services
- Petroleum, steam, natural and propane gas workers
- Certain food and agriculture services
- Water and wastewater workers
- Essential public works services
- Essential communications and information technology workers
- Critical manufacturing workers necessary for the manufacturing of materials and products needed for medical supply chains including personal protective equipment and hygiene products, transportation, energy, communications, food and agriculture, chemical manufacturing, nuclear facilities, the operation of dams, water and wastewater treatment, emergency services, and the defense industrial base
- Certain financial services workers who are needed to process and maintain systems for processing financial transactions and services (e.g., payment, clearing, and settlement; wholesale funding; insurance services; and capital markets activities)
- Certain chemical workers supporting the chemical and industrial gas supply chains, including workers at chemical manufacturing plants, workers in laboratories, workers at distribution facilities, workers who transport basic raw chemical materials to the producers of industrial and consumer goods, including hand sanitizers, food and food additives, pharmaceuticals, textiles, and paper products
- The Commissioner of Public Health is directed to act under any appropriate authority to supplement the terms of this Order in the event she determines additional measures are required to ensure that its terms are observed.
