State Emergency Orders Impacting Business | National Resources & Guidance | CARES Act: SBA Loans & Unemployment Benefits Info | ACA Advocacy & Messaging
This page was last updated on April 8, 2020 at 9:00 am (EDT)
NOTE: This webpage is designed to be a quick reference for members of the coatings industry with regard to state and local emergency orders that impact their ability to continue operations. Links are provided to the specific state order and any guidance issued thereto. Members should look to the specific language of the order when making a determination of whether their business may continue with manufacturing, distribution, research or retail operations.
In addition to these resource, ACA links to external websites that provide additional information, as well as ACA analyses of the national policies and advocacy message that the Coatings Industry is an ESSENTIAL participant in the COVID-19 response.
Click on the following headings to navigate to these sections of this resource page.
National Governors Association (NGA) Coronavirus Resource Page: https://www.nga.org/coronavirus/#current
The NGA Coronavirus Resource Page offers a comprehensive overview of all state emergency orders issued and is updated frequently.
Centers for Disease Control and Prevention (CDC): Interim Guidance for Businesses and Employers
Department of Homeland Security, Cybersecurity and Infrastructure Security Administration (CISA) Guidance on the Essential Critical Infrastructure Workforce: https://www.cisa.gov/publication/guidance-essential-critical-infrastructure-workforce
Department of Labor Paid Leave Guidance:
Occupational Safety and Health Administration
Department of Transportation
- Pipeline and Hazardous Materials Safety Administration (PHMSA) Notice of Enforcement Policy Regarding Recurrent Training Requirements
- Federal Motor Carrier Safety Administration (FMCSA) Expanded Emergency Declaration and FAQs for Commercial Vehicles
Environmental Protection Agency
- Temporary Policy Notice Regarding Enforcement of Environmental Legal Obligations during the Evolving COVID-19 Pandemic
- ACA Analysis of U.S. EPA’s Temporary Enforcement Discretion Policy
- U.S. EPA’s List N—Disinfectants for Use Against SARS-CoV-2: This list includes products that meet EPA’s criteria for use against SARS-CoV-2, the novel coronavirus that causes the disease COVID-19.
Internal Revenue Service (IRS): https://www.irs.gov/coronavirus
- Employee Retention Tax Credit: The CARES Act provides a refundable payroll tax credit. The employee retention credit is available to eligible employers that retain employees, despite experiencing economic hardship related to the COVID-19 crisis. “Eligible employer” is an entity whose operation (1) is fully or partially suspended in response to governmental orders limiting commerce, travel or group meetings or (2) has experienced a significant decline in gross receipts, defined as a decline of 50% or more in quarterly receipts when compared to the prior year quarter, including tax-exempt organizations. The retention credit is determined by taking 50 percent of the “qualified wages” from each employee during the eligible period (March 12, 2020 to January 1, 2021). The maximum amount of qualified wages that can be used for the credit is $10,000 – meaning the credit cannot exceed $5,000 per employee. Note, the credit is not available to employers receiving loans under the Paycheck Protection Program. Further guidance may be found here.
- Payroll Tax Deferral: This deferral also available under the CARES Act allowing employers to defer their share of the 6.2% Social Security tax that would otherwise be due for the period from March 27, 2020 through December 31, 2020. Fifty percent of the deferred amount must be paid by December 31, 2021, and the remainder must be paid by December 31, 2022. Any employer that has to pay an employer’s share of the 6.2% Social Security tax is eligible. However, an employer cannot defer payment of these 2020 payroll taxes if the employer also receives an SBA loan under the new Paycheck Protection Program that is later forgiven in full or in part. The deferral does not apply to federal income tax withholding, the Medicare tax, or the employees’ portion of Social Security tax.
- Families First Coronavirus Response Act (FFCRA): Refundable tax credits under the Families First Coronavirus Response Act (the “FFCRA”) for employers with fewer than 500 employees. Credits reimburse employers the cost of paid sick and family leave wages for employee leave related to COVID-19. The refundable tax credits apply to qualified sick leave and family leave wages paid during the period beginning April 1, 2020, and ending December 31, 2020.
Additional guidance on both the Employee Retention Tax Credit and Payroll Tax Deferral may be found here.
Pursuant to the Coronavirus Aid, Relief, and Economic Security (CARES) Act, two Small Business Administration(SBA) loan programs are being made available to many small businesses: the SBA 7(a) Paycheck Protection Program (PPP) and the Economic Injury Disaster Loan (EIDL) Program.
Brief summaries of these programs are provided below, and detailed information is available via the blue hyperlinks.
Paycheck Protection Program (PPP): The CARES Act authorizes up to $349 billion in funding for the PPP loan program, which is designed to aid eligible small businesses with payroll and other eligible costs during the coverage period of February 15, 2020 to June 30, 2020. Small businesses generally are eligible for the PPP’s favorable loan terms and relaxed application requirements if they have less than 500 employees, but paint and coatings manufacturing companies (NAICS code 325510) may qualify if they have fewer than 1,000 employees. PPP loan amounts are available for the lesser of $10 million or 250% of qualifying monthly payroll costs. PPP loan funds may be used for payroll and other costs, including wages, salaries, benefits, and leave pay for many employees. The PPP also features a loan forgiveness program for up to 100% of eligible expenses during an 8-week portion of the coverage period.
PPP loans are available on a first-come, first-served basis through participating lenders, which typically include all FDIC institutions and federally insured credit unions. The loan application first became available for small businesses on April 3, 2020.
Economic Injury Disaster Loan (EIDL) Program: The EIDL program presents an option for eligible small businesses to obtain longer-term loans with favorable borrowing terms. The CARES Act greatly expanded EIDL eligibility and relaxed application requirements from January 31, 2020 to December 31, 2020 for small businesses with fewer than 500 employees that have experienced a substantial economic injury as a result of the COVID-19 crisis. Paint and coatings manufacturing companies (NAICS code 325510) may qualify as small businesses if they have less than 1,000 employees. EIDLs may be available for up to $2 million for qualifying expenses, including eligible payroll expenses and debt obligations. EIDL applicants may be eligible to receive an immediate advance of up to $10,000, which is not subject to repayment.
EIDLs are available solely through applications filed directly with the SBA. To apply, please visit the SBA’s website at https://covid19relief.sba.gov/#/. You may also contact the SBA disaster assistance customer service center at 1-800-659-2955 (TTY: 1-800-877-8339); or by email at firstname.lastname@example.org.
Unemployment Benefits Under CARES Act
Pursuant to the Coronavirus Aid, Relief, and Economic Security (CARES) Act, three unemployment assistance and insurance (UI) programs are being made available to eligible individuals: Pandemic Unemployment Compensation (PUC), Pandemic Emergency Unemployment Compensation (PEUC), and Pandemic Unemployment Assistance (PUA).
Pandemic Unemployment Compensation (PUC): From March 27, 2020 to July 31, 2020, all regular UI (including those who are receiving a partial unemployment benefit check) and PUA claimants will receive $600 per week in addition to their regular calculated benefit.
Pandemic Emergency Unemployment Compensation (PEUC): An additional 13-weeks of state UI benefits are provided once a claimant has exhausted all of their regular state UI benefits. PEUC prohibits states from taking any action to decrease the maximum number of weeks of UI benefits or the weekly benefits that are available as of January 1, 2020.
Pandemic Unemployment Assistance (PUA): Up to 39 weeks of emergency unemployment assistance is available to workers who are otherwise ineligible for state UI benefits or have exhausted their state UI benefits. Workers who are eligible for PUA typically include self-employed workers, independent contractors, freelancers, workers seeking part-time work, and workers who do not have enough work history to qualify for state UI benefits. The PUA program will expire on December 31, 2020, unless otherwise extended.
Applicants for PUA will need to self-certify that they are able to work and available for work, and that they are unemployed, partially employed, or unable or unavailable to work due to a COVID-19-related circumstance. PUA claimants are eligible to receive both PUC in addition to PUA.
Additional information pertaining to unemployment benefits under the CARES Act can be found at the following links:
UPDATED ACA Interpretation Guide for CISA’s Identification of Essential Critical Infrastructure Workers Version 2.0 (March 28, 2020): This guide is intended to assist members in applying the U.S. Department of Homeland Security, Cybersecurity and Infrastructure Security Administration (CISA) Guidance on the Essential Critical Infrastructure Workforce to your business. CISA’s Guidance was updated on March 28, 2020 and ACA’s guide incorporates CISA’s recent changes.
ACA Webinar Recording: Interpreting CISA Guidance for Identification of Essential Critical Infrastructure Workers & Compliance with State Emergency Orders
This hour-long webinar held April 3, includes a Q&A CISA Assistant Director Brian Harrell, in which he addresses ACA-member submitted questions. It also covers recommendations and best practices for compliance with CISA and other state orders.
Coatings Are Essential Business Fact Sheet: This fact sheet communicates the urgent message that the coatings industry is essential to numerous other industries, including those on the frontline of the coronavirus response. The industry supports health care, hospitals, defense, food, hygiene, agriculture, energy, public works, and information technology systems, as well as others. Industry needs to be able to operate to participate in the COVID-19 response.
The coatings industry is prepared to do its part for families, industry and the nation during this time to stop the spread of the coronavirus infection. Read its letters to Governors and the White House.
Multi Industry Letter Supporting DHS CISA Critical Infrastructure: ACA joined with more than 100 organizations to support a consistent definition of “critical infrastructure” across the country.
Coalition Letter to DOT on Critical Infrastructure: ACA and a coalition of interested parties underscored to DOT the need for uniformity in Essential Business Designations.
Arkansas: https://governor.arkansas.gov/images/uploads/executiveOrders/EO_20-03._.pdf Governor Hutchinson declared a State of Emergency on March 11th in order to coordinate response to the outbreak. However, as of a press conference on Thursday April 2, Governor Hutchinson remains opposed to issuing a ‘stay at home’ order citing potential negative impacts on local business.
California: Executive Order N-33-20 requiring all residents to stay home or at their place of residence except as needed to maintain continuity of operation of the federal critical infrastructure, as outlined in the CISA Guidance. Governor Newsom indicated he may designate additional sectors as critical in order to protect the health and well-being of Californians. Executive Order N-33-20 was supplemented by additional guidance from the state public health officer on the nature of “Essential Critical Infrastructure Workers.” This guidance is based largely on the CISA Guidelines but provides some additional language on worker profiles. https://covid19.ca.gov/img/EssentialCriticalInfrastructureWorkers.pdf. The order is in effect until further notice.
- Bay Area: San Francisco County; Santa Clara County; Alameda County; San Mateo County; Contra Costa County; Marin County: https://www.sccgov.org/sites/phd/DiseaseInformation/novel-coronavirus/Pages/order-health-officer-033120.aspx Note that all the orders in these counties are the same. Essential businesses include hardware stores and certain construction projects as well as businesses that supply other Essential Businesses with the support or supplies necessary to operate, but only to the extent that they support or supply these Essential Businesses.
On April 1, these seven Bay Area counties issued a more restrictive Shelter in Place order that extends the period and requires all Essential Businesses shall prepare, post, and implement a Social Distancing Protocol at each of their facilities at which they are maintaining operations. A form is included at the end of the order. In addition, businesses that include an Essential Business component at their facilities alongside non-essential components must, to the extent feasible, scale down their operations to the Essential Business component only; provided, however, that mixed retail businesses that are otherwise allowed to operate under this Order may continue to stock and sell non-essential products. Essential Businesses must follow industry-specific guidance issued by the Health Officer related to COVID-19.
- Orange County: http://www.ochealthinfo.com/civicax/filebank/blobdload.aspx?BlobID=114362 The Orange County Health Officer Order prohibits gatherings of a large number of persons and non-essential activities. Essential activities include retail stores selling household and consumer goods, hardware stores, auto supply, auto repair and related facilities, service providers necessary to maintain safety, sanitation and security of residences.
- Monterey County: Shelter in Place in effect until April 8, 2020: https://monterey.org/coronavirus
Public Health Order (March 17) directing shelter in place in residence with the exception of “essential services,” “essential activities,” “and work for essential businesses. In addition, directing all businesses to cease “non-essential operations” at physical locations. Section 10 of the Order defines “essential activities” to include the following:
- To obtain necessary services or supplies such as household consumer products and any products necessary to maintain the safety, sanitation and essential operation of residences;
- To provide any service or perform any work necessary to the operations and maintenance of “essential infrastructure” which includes public works construction, construction of housing (in particular affordable housing or housing for individuals experiencing homelessness).
“Essential Businesses” include the following: retail stores that sell products necessary to maintaining the safety, sanitation and essential operations of residences; auto repair and related facilities; hardware stores; service providers who provide services that are necessary to maintaining the safety, sanitation and essential operation of residences; businesses that supply other essential businesses with the support or necessary supplies to operate; businesses that ship supplies directly to people to work from home; ongoing commercial construction
- Long Beach County: http://www.longbeach.gov/globalassets/health/media-library/documents/diseases-and-condition/information-on/novel-coronavirus/long-beach-health-order—10-or-more
Essential businesses includes those that engaged in the retail sale of household consumer products necessary to maintaining the safety, sanitation, and essential operation of residences. Essential businesses also includes those that supply other essential businesses with the support or supplies necessary to operate.
Colorado: Executive Order D 2020 009 Ordering the cessation any voluntary or elective surgeries or procedures. In addition, requiring any Colorado business or non-hospital health care facility in possession of PPE, ventilators, respirators and anesthesia machines that are not required for the provision of critical health care services undertake an inventory of such supplies by no later than March 26th, 2020 and prepare to send it to the State of Colorado.
Reduction of The Workforce by 50% Order Issued 3/23/20
Exempted businesses include hardware, farm supply, and building material stores.
- City and County of Denver: Stay at home order issued. Hardware stores are deemed essential.
- Pitkin County: Stay at home order issued. Hardware stores are deemed essential.
- Boulder County: Stay At Home Order Issued. Hardware stores are deemed essential
- Summit County, CO: Paragraph 4.B of Amended and Restated Public Health Order dated March 17, 2020 prohibits all establishments providing retail goods and services from operating. Exempt from this prohibition are grocery stores, hardware stores, car dealerships and auto mechanic facilities. Non-retail businesses are not impacted by this order and include construction sites, light industrial work, warehouses, wholesale operations and service related industries. http://www.summitcountyco.gov/civicalerts.aspx?AID=564
Connecticut: Governor Lamont issued Executive Order 7H orders restrictions on workplaces for non-essential businesses from March 23 until April 22, 2020. All businesses should, to the maximum extent possible, institute telework or work from home policies. Non-essential businesses should reduce in-person workforce by 100%. Additional guidance will be issued by Department of Economic and Community Development (DECD) will issue guidance to what is deemed to be “essential.” Essential businesses include the 16 sectors outlined in the CISA Guidelines but may also include additional businesses, including construction; vendors of essential services and goods necessary to maintain the safety, sanitation and essential operations of residences or other essential businesses. Businesses may also seek an opinion from DECD as well. Executive Order 7H
District of Columbia: The Mayor’s Order 2020-054 authorizes essential businesses and activities to continue to operate. Upon request, essential businesses must provide a plan for complying with the social distancing requirements and must post these requirements in a conspicuous place on the premises. This order is in effect until April 24.
Executive Order 20-91 supercedes all previous orders and limits Florida residents to “essential services” and essential activities. “Essential services” are those articulated under the CISA Guidance 2.0 along with list of businesses from previous order which included hardware stores; and contractors and other tradesmen, appliance repair personnel, exterminators, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences and other structures.
- Miami FL: https://www.miamigov.com/Notices/News-Media/COVID-19-Updates
- Essential businesses includes Gas Stations, Auto-Supply, Auto-Repair, related facilities, Hardware Stores, Contractors and other tradesmen, appliance repair personnel, exterminators and other service providers, Open Construction Sites, Architectural, Engineering or Land Surveying Services
Georgia: Governor Kemp issued Executive Order 04.02.20.01 ordering the state to shelter-in-place beginning Friday, April 3 at 6:00 PM. Businesses deemed as ‘essential critical infrastructure workforce’ under the U.S. Department of Homeland Security, CISA Guidance 2.0 may maintain in-person operations but shall implement necessary and feasible mitigation measures. The Georgia Department of Economic Development is authorized to issue guidance to businesses as to their status of “critical infrastructure.”
This Order will remain effective until 11:59 PM on Monday, April 13.
- Stay at Home Order: https://gov.georgia.gov/document/2020-executive-order/04022001/download
- Executive Order Guidance: shorturl.at/huxJU
Illinois: STAY AT HOME — All individuals must stay at home, with exceptions for essential activities, essential government functions, and essential businesses and operations. All non-essential business and operations must cease, aside from Minimum Basic Operations. Business can continue with employees working from home. Essential infrastructure includes construction, building maintenance and support, distribution centers. Essential business and operations include hardware and supply stores, critical trades such as painting, supplies for essential business operations which includes paint, the manufacture, distribution and supply chain for critical industries, and the minimum basic operations to preserve the value of inventory or physical plant.
Executive Order 2020-215, issued on March 17, 2020, closes all public facing business with the exception of industrial manufacturing, construction, retail, home repair/hardware and auto repair, warehousing, storage and distribution facilities, among other businesses. These businesses must, however, practice social distancing, appropriate hygiene measures, encourage employees who are sick to stay home and wipe down all surfaces regularly. In addition, public facing businesses must post a sign, in English and in Spanish, that accompanied the order.
Executive Order 2020-246 was issued on March 22, mandating that all non life-sustaining retail operations close by March 23 at 8:00 am. Life sustaining retail stores include hardware stores, automotive parts and repair/accessories along with building material stores.
Requires that all gatherings of 250 people or more between Friday, March 13, 2020 and Monday, April 13, 2020 shall be postponed or cancelled. This applies only to gatherings in a single space at the same time where individuals will be in close proximity to one another. It does not apply to normal operations at locations like airports, medical facilities, shopping centers or malls, office buildings, factories or manufacturing facilities, or grocery or department stores. This provision may be extended beyond Monday, April 13, 2020 by further order. The proclamation also closes K-12 public schools across the state until April 13.
Maine: Executive Order 19 FY 19/20 announcing an emergency order to close the physical locations of public-facing, non-essential businesses. The order is effective at noon, March 25, 2020 and remains in effect until April 8.
The Executive Order excludes businesses that provide essential services including, but not limited to: food processing, agriculture, industrial manufacturing, construction, trash collection, grocery and household goods (including convenience stores), home repair and hardware and auto repair, pharmacy and other medical facilities, biomedical, behavioral health and health care providers, child care, post offices and shipping outlets, insurance, banks, gas stations, laundromats, veterinary clinics and animal feed and supply stores, shipping stores, public transportation, and hotel and commercial lodging. There is process to request designation as essential: https://appengine.egov.com/apps/me/essentialservicerequest
- Portland, Maine: March 24 “stay at home” order (other than food shopping, walking safely, and a few other exceptions). For businesses with a location in Portland which are not “essential,” the order requires closure of the premises to workers, customers, and the public, but workers may access the facility for essential business functions.The Portland Order has a list of activities deemed essential that “includes but is not limited to” a range of services, including essential establishments engaged in the retail sale of “household consumer products,” and specifically enumerated are “hardware and building material stores.”
Maryland: Executive Order 20-03-23-01, March 23, 2020 orders the closure of all non-essential businesses by March 23. Specific reference to CISA Guidance.
Massachusetts: COVID-19 Order No. 13 A “shelter in place” order has been issued on March 24, 2020 and orders the closure of non-essential business on March 25. It specifically allows certain “essential services” to remain operational, including energy, telecom and other vital utility services.
With regard to services related to the paint industry, the following may stay open:
- Commercial retail stores that supply essential sectors, including convenience stores, pet supply stores, auto supplies and repair, hardware and home improvement, and home appliance retailers
- Workers who support hazardous materials response and cleanup
- Construction Workers who support the construction, operation, inspection, and maintenance of construction sites and construction projects (including housing construction)
- Commercial retail stores that supply essential sectors, including convenience stores, pet supply stores, auto supplies and repair, hardware and home improvement, and home appliance retailers
- 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.
Businesses not deemed “essential” may stay open remotely.
- Boston: Effective Tuesday, March 17, 2020, the City is suspending all regular activity at construction sites in Boston. https://www.boston.gov/news/construction-activity-be-suspended-city-library-locations-bcyf-centers-close
Executive Order 2020-11 Beginning on March 17, assemblage of more than 50 persons is prohibited. However, assemblages for the purpose of mass transit, the purchase of groceries or consumer goods, or the performance of agricultural or construction work is allowed.
Emergency Executive Order 20-16 Directing Non-Hospital Entities to Inventory and Preserve Vital Medical Equipment During the COVID-19 Peacetime Emergency
Any Minnesota business in possession of PPE, ventilators, respirators, or anesthesia machines (including any consumable accessories to these devices) that are not required for the provision of critical health care services or essential services and were not produced by the organization for the purpose of sale, must undertake an inventory of such supplies no later than March 25, 2020 and submit this inventory using the form emailed to them for this purpose or available at: https://mn.gov/ppe . Businesses should be prepared to sell or donate such equipment.
Minnesota Emergency Executive Order 20-20 orders residents to stay at home as of 11:59 pm, March 27, 2020 unless engaged in Critical Infrastructure Work which includes Critical Manufacturing and the Chemical Sector as referenced by CISA Guidance, construction and critical trades, and essential supply stores that service critical sectors and the maintenance of the safety, sanitation and essential operations of homes or residences. The Order is in effect until April 10.
Guidance on the Stay at Home Order indicates that businesses should refer first to the CISA Guidelines to determine if their employees are critical infrastructure workers. If so, your business and those critical employees are included, then no further action is needed. Second, businesses should refer to the expanded list of activities and categories in the Executive Order for additional guidance. If your business falls under these activities and categories, no further action is needed. Third, eligibility for a critical worker exemption can be determined by searching the 4-digit NAICS code on the MN NAICS Critical Sector List. Note that this list is similar to Pennsylvania’s in that it indicates that paint, coating and adhesive material is NOT critical.
If it is determined that your workers fall into any of the categories described above, there is no need to request a waiver from the Governor’s office. Minnesota has indicated that it will consider requests to continue operating and has developed an Essential Business Online Form to consider these requests.
Mississippi: Executive Order 1463, issued March 24, 2020 mandates that essential businesses and operations may continue to operate. Essential businesses and operations include the following: manufacturing – chemical products, auto repair/supply, household products, products used by any essential businesses or operations; essential retail includes hardware and building maintenance; essential services include home repair, auto repair, warehouse, distribution and fulfillment; construction and construction related services such as painting; and essential services to maintaining homes and businesses. In addition, the order references the CISA Guidance.
New Jersey: Executive Order 104, https://nj.gov/governor/news/news/562020/approved/20200316c.shtml
- All casinos, concert venues, nightclubs, racetracks, gyms, fitness centers and classes, movie theaters, and performing arts centers will be closed to the public beginning on Monday, March 16, 2020 at 8:00 p.m. and remain closed as long as this Order remains in effect;
- All other non-essential retail, recreational, and entertainment businesses must cease daily operations from 8:00 p.m. until 5:00 a.m.
New Mexico: Stay At Home Order Issued
“Essential businesses” may remain open provided they minimize their operations and staff to the greatest extent possible. Essential businesses include the following: Infrastructure operations including, but not limited to, public works construction, commercial and residential construction and maintenance, airport operations, public transportation, airlines, taxis, private transportation providers water, gas, electrical, oil drilling, oil refining, natural resources extraction or mining operations, nuclear material research and enrichment, those attendant to the repair and construction of roads and highways. Services necessary to maintain the safety and sanitation of residences or essential businesses including security services, custodial services, plumbers, electricians, and other skilled trades., Hardware stores are deemed essential.
On April 6, the public health order was extended until April 30.
New York: The Empire State Development Corporation provided additional guidance for the Governor’s Executive Order 202.6 indicating that the in-person workforce at businesses must be reduced by 75% from ordinary levels. Essential businesses are exempt from the labor reduction requirement. Essential businesses include chemical manufacturing; retail – hardware and building material stores; services – auto repair, warehouse, distribution and fulfillment; construction, including skilled trades and other related construction firms and professionals for essential infrastructure or for emergency repair and safety purposes; and Essential services necessary to maintain the safety, sanitation and essential operations of residences or other essential businesses including building code enforcement, security, general maintenance. ESD Executive Order 202.6
North Carolina: Declared state of emergency on March 10. Mass gatherings have been limited, but do not include normal operations at office environments, factories, or retail stores.
Ohio: Ohio Stay at Home Order, March 22, 2020: All businesses and operations in the State, except Essential Businesses and Operations as defined below, are required to cease all activities within the State except Minimum Basic Operations.
Essential Infrastructure includes, but is not limited to: food production, distribution, fulfillment centers, storage facilities, marinas, and sale; construction (including, but not limited to, construction required in response to this public health emergency, hospital construction, construction of long-term care facilities, public works construction, school construction, essential business construction, and housing construction); building management and maintenance.
Essential businesses include Hardware and supply stores. Critical trades include 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, HV AC, 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 Operation.
Specific reference to CISA Guidance on Essential Critical Infrastructure Workforce
Oregon: Executive Order 20 – 07 prohibits gatherings of 25 people or more. However, “workplaces” and retail stores are exempt but strongly encouraged to practice social distancing protocols. Effective March 17, 2020 Oregon Executive Order 20 – 07 until April 14.
Pennsylvania: Executive Order on Prohibition of Operation of All Businesses that are Not Life-Sustaining (March 19): all non-life-sustaining businesses in Pennsylvania to close their physical locations as Monday, March 23.
A list of “life-sustaining” businesses was included. Subsequent guidance indicated that Pennsylvania was conforming its list of life-sustaining businesses to the CISA Guidance on Essential Critical Infrastructure Workforce. However, paint, adhesive and sealants manufacturing was specifically designated as NOT life-sustaining. A waiver process is available for businesses who wish to continue to operate. Enforcement of the closure orders will commence on March 23. PA Business Closure COVID-19 Information
- Philadelphia: Emergency Order Temporarily Prohibiting Operation of Non-Essential Businesses to Prevent the Spread of 2019 COVID-19 non-essential businesses may not operate. Essential businesses include stores selling general merchandise and household consumer products; hardware stores and stores supplying paint and other construction materials; auto repair service shops; and businesses that supply essential businesses with indispensable support services or supplies necessary to operate. Essential infrastructure and Industrial Businesses include general construction services, manufacturing, industrial production, and warehousing. Office-based businesses may not operate without social distancing protocols unless it is essential.
Puerto Rico: On March 15, the Governor announced an island-wide curfew and the closing of all non-essential businesses.
Rhode Island: Executive Order 20-14 orders closure of all non-critical retail businesses until April 13. Construction, industrial and hardware stores exempted.
Tennessee: Governor Lee issued Executive Order 23 on Thursday, April 2, ordering the state to stay-at-home except for when engaging in Essential Activities/Services. Executive Order 22 as modified by Executive Order 23 establishes these restrictions and will remain effective until 11:59 PM on Tuesday, April 14.
Businesses deemed as ‘essential critical infrastructure workforce’ as defined by the U.S. Department of Homeland Security, CISA Guidance 2.0 including hardware stores and critical trades such as painting.
Texas: Executive Order GA 14 takes effect on April 2, 2020 and orders the minimization of in-person contact except for essential services. “Essential services” shall consist of everything listed by the U.S. Department of Homeland Security in its Guidance on the Essential Critical Infrastructure Workforce, Version 2.0, plus religious services conducted in churches, congregations, and houses of worship. Other essential services may be added to this list with the approval of the Texas Division of Emergency Management (TDEM). TDEM shall maintain an online list of essential services, as specified in this executive order and in any approved additions. Requests for additions should be directed to TDEM at EssentialServices@tdem.texas.gov or by visiting www.tdem.texas.gov/essentialservices.
- Dallas County: Stay at Home Order Issued 3/24/20; Exempt businesses include “Essential Critical Infrastructure.” Essential Critical Infrastructure is defined by the 16 critical infrastructure sectors identified by the National Cybersecurity and Infrastructure Agency (CISA). Hardware stores are also specifically exempt.
Vermont: Addendum 6 to Executive Order 01-20 Effective March 25, 2020 at 5:00 p.m., all businesses and not-for-profit entities not expressly exempted in the order must suspend all in-person business operations. The Order provides exemptions for businesses and entities providing services or functions deemed critical to public health and safety, as well as economic and national security. Critical businesses include construction necessary to support the COVID-19 response and maintain critical infrastructure; critical manufacturing, including food and animal feed manufacturing, processing and supply, pharmaceuticals and other manufacturing necessary to support the COVID-19 response as well as economic and national security; hardware stores, provided, these retail operations shall be conducted through online and telephone orders for delivery and curb-side pickup to the extent possible. This order is in effect until April 15.
Effective midnight on March 25, 2020, all non-essential businesses in Washington State shall cease operations except for performing basic minimum operations. All essential businesses are encouraged to remain open and maintain operations, but must establish and implement social distancing and sanitation measures. Essential workers include the following:
Construction workers who support the construction, operation, inspection, and maintenance of construction sites and construction projects (including housing construction) for all essential facilities, services and projects included in this document, and for residential construction related to emergency repairs and projects that ensure structural integrity.
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 construction sites and construction projects (including those that support such projects to ensure the availability of needed facilities, transportation, energy and communications; and support to ensure the effective removal, storage, and disposal of solid waste and hazardous waste)
Commercial Retail Stores, that supply essential sectors, including auto supplies and repair, hardware and home improvement.
Wisconsin: Effective 3/25/20 Stay at Home Order Issued
- Any business or worker identified in the U.S. Department of Homeland Security, Cybersecurity & Infrastructure Security Agency (CISA), Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response, updated March 23, 2020, and any subsequent versions of this Memorandum
- Hardware stores and businesses that sell electrical, plumbing, heating, and construction material.
- Critical trades. Building and Construction Tradesmen and Tradeswomen, and other trades including but not limited to plumbers, electricians, carpenters, laborers… painting… and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences, Essential Activities, Essential Governmental Functions, and Essential Businesses and Operations.
Mexican President Lopez Obrador has declared a health emergency and suspended all non-essential activities. Sectors considered essential for the fundamental functioning of the economy and allowed to operate include hardware stores and chemical production. Essential business must not hold meetings or congregations of more than 50 people. The Order expires April 30, https://coronavirus.gob.mx/medidas-de-seguridad-sanitaria/.
- Sonora MX: On Wednesday, March 25, Governor Claudia Pavlovich closed non-essential businesses. Essential activities include those necessary to guarantee adequate supply chains and essential services including hardware stores. In addition, those determined by the Economic Cabinet as essential or exceptional activities will be considered essential, provided that sanitary and social distancing measures are used.Order [In Spanish]: https://www.sonora.gob.mx/images/documentos/boletin_oficial_EE25032020.pdfGuidance: https://www.sonora.gob.mx/preguntas-frecuentes/emergencia-sanitaria-por-covid-19/dependencia/1.html
- Mexico City MX: Beginning April 1, and lasting until April 30, only establishments related to health, food, and essential services are allowed to remain open. Establishments allowed to operate normally includes hardware stores.Order: https://www.cdmx.gob.mx/portal/articulo/cierre-de-centros-comerciales-por-emergencia-sanitaria
Prime Minister Trudeau said on April 2nd he continues to rely on restrictions put in place by the differing provinces rather than issuing a federal mandatory stay-at-home order.
- Quebec: The Government of Quebec issued a Public Health Act ordering the minimization of all non-priority services and activities lasting until April 13th, 2020. Essential businesses that explicitly may maintain operation include manufacturers of chemicals and hardware stores. If a business is not explicitly listed, a business may fill out a form verifying designation as an essential business. Order: https://cdn-contenu.quebec.ca/cdn-contenu/adm/min/sante-services-sociaux/publications-adm/lois-reglements/AM_numero_2020-004-anglais.pdf?1584475223Guidance/Form:https://www.quebec.ca/en/health/health-issues/a-z/2019-coronavirus/essential-services-commercial-activities-covid19/essential-services/
- Ontario: All non-essential businesses must close by 11:59 PM Saturday, April 4th and remain closed Hardware stores may remain open buy must satisfy customer orders through an alternative method such as curb-side pick-up or delivery. Other essential businesses include manufacturing, services to public and certain construction activities. Order Summary/Guidance: https://www.ontario.ca/page/stopping-spread-covid-19#section-0
U.S. Border Crossings
- With Canada: A mutual agreement was reached closing border crossing and ceasing non-essential travel related to tourism or recreation. Supply chains, including trucking, will not be impacted.
Press Release (No Text of Order Released): https://www.cbsa-asfc.gc.ca/agency-agence/pm-covid19-eng.html
- With Mexico: A mutual agreement was reached closing border crossing and ceasing non-essential travel related to tourism or recreation. Supply chains, including trucking, will not be impacted.