On Thursday, March 19, 2020, Pennsylvania Gov. Tom Wolf drastically heightened his administration’s COVID-19 mitigation efforts by issuing an order — superseding all previous orders — that will prohibit the physical operation of any “business in the Commonwealth that is not a life sustaining business regardless of whether the business is open to members of the public.” The order is effective immediately and will remain in effect indefinitely (i.e., "until further notice").
The secretary of the Pennsylvania Department of Health also issued an order consistent with Gov. Wolf’s, which can be accessed here.
The governor’s prohibition does not extend to virtual or telework operations (e.g., remote work from home) “so long as social distancing and other mitigation measures are followed[.]” Life-sustaining businesses are also exhorted to observe such measures, as defined by the Centers for Disease Control and Prevention (CDC), for the protection of workers and patrons.
Most notable about the governor’s order is the provision threatening enforcement actions against any non-life sustaining business that is not in compliance with the order. Enforcement actions will be taken against non-life sustaining businesses that are out of compliance effective March 21, 2020, at 12:01 AM.
The order also includes an attached comprehensive list of “life sustaining” versus “non-life sustaining” businesses broken down by industry, with several subcategories. The following includes some of the “life sustaining” businesses that will be allowed to continue physical operations:
- Agriculture (crop and animal production as well as fishing, hunting and trapping);
- Food Manufacturing;
- Chemical Manufacturing (except paint, coating and adhesive);
- Durable and Non-Durable Merchant Wholesalers (except furniture, lumber and “Apparel, Piece Goods, and Notions”);
- Grocery Stores;
- Beer, Wine, and Liquor Stores;
- Gasoline Stations;
- “Other” General Merchandise Stores (i.e., “big box” stores);
- Transportation and Warehousing (except charter buses and “Scenic and Sightseeing Transportation”);
- All Utilities;
- Waste Management and Remediation Services;
- Telecommunications (except motion picture and video, software publishers and telecommunications resellers);
- Rental and Leasing Services;
- All Healthcare and Social Assistance, such as EMS, hospitals, and nursing homes (but not child day care services);
- Repair and Maintenance (including automotive, electric, industrial machinery and personal/household goods);
- Religious, Grantmaking and Giving, Social Advocacy, and Civic and Social Organizations; and
- Hotels*
* The Pennsylvania Restaurant & Lodging Association received clarification from the Governor's Office following the issuance of his order that hotels are considered essential and do not need to close.
Businesses that offer carry-out, delivery and drive through services may also continue to do so (consistent with the governor’s previous orders). However, restaurants and bars are still prohibited from offering dine-in services. Enforcement actions will be taken against restaurants and bars that are out of compliance effective March 19, 2020, at 8 PM.
The industries hit hardest by this order, and therefore prohibited from continuing their physical operations, include:
- Construction;
- Manufacturing (including textile, apparel, leather, wood, fabricated metal, computer, electrical equipment/appliance, transportation and furniture);
- Most types of Retail Stores (including “Health & Personal Care Stores” but not including pharmacies);
- Finance and Insurance;
- Real Estate;
- Professional, Scientific, and Technical Services (except, of course, for scientific research and development as well as “Other,” undefined such services);
- Administrative and Support Services that do not relate to services to buildings, dwellings, and facilities (including investigation and security);
- Educational Services (in keeping with the Wolf Administration’s previous orders closing schools);
- Arts, Entertainment, and Recreation (including performing arts, spectator sports, and gambling); and
- Personal Care Services (barbershops, nail & beauty salons, and gyms).
According to the Commonwealth of Pennsylvania website, “special exemptions will be granted to businesses that are supplying or servicing health care providers” in extenuating circumstances.
Gov. Wolf has directed local officials and state agencies to enforce the closure order, including the Pennsylvania Liquor Control Board, Department of Health, Department of Agriculture and State Police. Noncompliant businesses, organizations and entities risk forfeiting their ability to receive applicable disaster relief and/or may be subject to other appropriate administrative action (including termination of state loan or grant funding and suspension or revocation of licensure). The Department of Health is also authorized to take disease control measures against noncompliant entities, such as quarantine and isolation. Violators of the order are also subject to fines and imprisonment relating to any other criminal charges that might be applicable.
[View source.]
