On March 22, 2020, Dr. Amy Acton, Ohio’s Director of Health, issued a Stay at Home Order in an effort to combat the spread of COVID-19. Dr. Acton’s Order mandates that all Ohioans stay home, unless they are working for an “essential business” or engaged in an “essential activity.” The Order takes effect at 11:59 p.m. on Monday March 23, 2020 and, unless rescinded or modified, is in effect until April 6, 2020.
In addition to performing essential work, which is explained below, residents may leave their homes for activities that fall into four other broad categories: Health & Safety (to attend to medical needs for themselves and family members), Necessary Supplies & Services (to obtain groceries, household goods, supplies to work from home, etc.), Outdoor Activity (walking, jogging, biking, etc.), and to Care for Others (to provide for family and friends as allowed by the Order).
As explained in the State’s FAQ on the Order, grocery stores, gas stations, pharmacies, police departments, fire stations, hospitals and doctor’s offices, sanitation services, public transportation, public service hotlines, laundromats and dry cleaners, and restaurants (for carry-out) will remain operational.
Many Ohio employees are likely questioning what other businesses and activities are “essential”?
Before summarizing the list of essential businesses, it’s important to note that even if a business is essential and its employees continue to work away from home, the Order mandates that the business take steps to protect its employees. Where possible, the employer needs to ensure that employees and visitors maintain six-foot social distancing, allow frequent hand washing, provide hand sanitizer and sanitizing products, implement separate operating hours for elderly and vulnerable customers, and provide online and remote access. Additionally, employers are instructed to allow as many employees as possible to telecommute, actively encourage the sick to stay home, ensure that sick leave policies are flexible and non-punitive, immediately send home employees with acute respiratory illness, and frequently perform enhanced cleaning.
While the full list of essential businesses can be found in the Order, it so designates a number of businesses.
Many healthcare related businesses are deemed essential by the Order. Obviously, hospitals, clinics, and pharmacies need to remain open. Additionally, industries that are crucial to combatting this health crisis need to remain open. For example, medical technology, medical equipment, and biotech companies, to name a few, are deemed essential. The Order also permits the following to remain open: dental offices, eye care centers, medical marijuana dispensaries and cultivators, home healthcare service providers, blood banks and plasma centers, mental health providers, public health entities, as well as “other healthcare facilities and suppliers and providers of any related and/or ancillary healthcare services; and entities that transport and dispose of medical materials and remains.”
Human Services Operations are also deemed essential. These are entities that provide services to the public like long term care facilities, day care centers, group homes, shelters, adoption agencies, and the like.
Businesses that are vital to Infrastructureare essential. This includes businesses related to food production and distribution, construction, building management, utilities, oil and biofuel refining, the transportation infrastructure, and telecommunications.
Essential Government Functions remain open. This obviously includes our first responders but also the legislature, the courts, child protection and welfare, housing personnel, and the military.
In addition to those listed above, churches, the news media, organizations that provide charitable services to the disadvantaged, banks, insurers, hardware stores, people who work in critical trades (electricians, plumbers, HVAC workers, etc.), educational institutions (those necessary functions not already shuttered), shipping workers, those who produce and sell goods necessary for others to telecommute, professional services (lawyers, accountants, real estate services), funeral workers, transportation workers (airlines, taxi, Uber/Lyft, etc, when necessary for essential activities), and hotel workers are among businesses and employees deemed essential.
Lastly, any business or individual identified as essential by Homeland Security’s Critical Infrastructure Workforce Guidance is deemed as such by the Order.
Even if a business isn’t deemed essential by the Order, some employees may be expected to work, if they are providing Minimum Basic Operations (basically, those operations for a non-essential business that allow the business to continue to operate with remote workers and to protect the business’ assets).
Travel is to be limited to performing the essential activities and work outlined by the Order, with allowances for persons returning to the state or out of the state and to comply with court orders (child visitation orders, for example).