{"id":"DE-005","kind":"order","level":"state","jurisdiction":"Delaware","state":"DE","metro":"","industry":"","agency":"","eco":"","issuer":"Governor John C. Carney","authority":"20 Del. C. ch. 31; 20 Del. C. § 3116(b)(13) (recited: \u0027the power to take such other actions as the Governor reasonably believes necessary to help maintain life, health, property or public peace\u0027)","instrument":"Fourth Modification of the Declaration of a State of Emergency","title":"Fourth Modification of the Declaration of a State of Emergency (designation of Essential and Non-Essential Businesses; closure of Non-Essential Businesses; State telework mandate; responsibilities of Essential Businesses)","dateIssued":"2020-03-22","effective":"2020-03-24 8:00 a.m. E.D.T. (approved Mar. 22, 2020 at 4:00 p.m.)","end":"Closure clause (¶ 8) replaced by the Tenth Modification Apr. 7, 2020 and struck by the Twentieth Modification effective June 1, 2020 (Phase 1); essential-business duties carried into the Phase 1 and Phase 2 business responsibilities; all prior Modifications struck Sept. 4, 2020 (DE-031)","startDate":"2020-03-24","endDate":"2020-04-07","quarters":["2020Q2","2020Q3"],"types":["CLOSE","TELE","EMP","CAP"],"addressees":["all businesses, establishments and enterprises in Delaware","State offices and State employees","Division of Small Business","essential businesses (duties)","non-essential businesses (closure)"],"clause":"¶ 1: \u0027Effective March 24, 2020 at 8:00 a.m. E.D.T., and until further notice, State offices will remain open, except that all State of Delaware employees able to telecommute are required to telecommute (work from home) wherever possible, in accordance with Department of Human Resource\u0027s guidance... State of Delaware employees unable to telecommute should report to their normal place of work at the start of their shift.\u0027 ¶ 5: \u0027\u0022Essential Businesses\u0022 as defined herein shall follow the coronavirus guidelines for public safety enumerated by the CDC and DPH, including to: a. Implement flexible and non-punitive sick-leave policies...; b. Exclude employees who (a) have been diagnosed with COVID-19, (b) are reasonably suspected to have COVID-19, or (c) have symptoms of acute respiratory illness...; c. Exclude employees who reside or intimately interact with persons who (a) have been diagnosed with COVID-19...; d. Exclude individuals at highest risk of poor outcomes such as those over age 60 and those with chronic underlying conditions from on-premises work (with the exception of healthcare workers); e. Separate sick employees from other individuals immediately; f. Prohibit employees who have been told they must be isolated or quarantined from on-premises work until cleared by DPH or a medical professional;... j. Follow all State and CDC guidelines and recommendations for social distancing, especially that there must be 6 feet of space between employees at all times...; l. Teleworking must be maximized; m. Visitors are not allowed inside worksites unless they are providing essential services. n. Participate and encourage employees to abide by the Governor\u0027s shelter in place policies... including limitations on driving for essential travel only. o. All businesses deemed essential by this order shall be subject to inspection by appropriate state officials as necessary. Should any individual company or group of companies be found to not be making best efforts to enforce the standards..., they will be subject to immediate closure until the State of Emergency is lifted.\u0027 ¶ 7 (Non-Essential Businesses): \u0027Hospitality and Recreation Facilities, including... indoor community and recreation centers... casinos and racetracks... sporting facilities... gyms, including yoga, barre and spin facilities... hair salons, barber shops, nail salons, and spas; Concert halls and venues; Theaters and performing arts venues; Sporting event facilities and venues; Golf courses and shooting ranges [unless distancing]; Realtors of both residential and non-residential properties and associated industries, except that Realtors are permitted to work from home to the extent feasible, to do all necessary showings to perspective buyers/lessors, and to take any action necessary to complete any sales or rentals in progress...; Certain Business support services, including customer service call centers and telemarketing operations; Shopping malls...; and Retail stores not included within the definition of Essential Businesses.\u0027 ¶ 8: \u0027Closure of Non-Essential Businesses. All physical locations of Non-Essential Businesses within the State of Delaware shall be closed until after May 15, 2020, or the public health threat of COVID-19 has been eliminated, effective 8:00 a.m. E.D.T. on Tuesday, March 24, 2020, except that Non-Essential Business may continue to offer goods and services over the internet.\u0027 ¶ 9: \u0027Enforcement. This Order has the force and effect of law. Any failure to comply with the provisions contained in a Declaration of a State of Emergency or any modification to a Declaration of the State of Emergency constitutes a criminal offense. 20 Del. C. §§ 3115 (b); 3116 (9); 3122; 3125. State and local law enforcement agencies are authorized to enforce the provisions of any Declaration of a State of Emergency.\u0027","enforcement":"¶ 9: force and effect of law; criminal offense under 20 Del. C. §§ 3115(b), 3116(9), 3122, 3125; State and local law enforcement authorized; ¶ 5.o: inspection and \u0027immediate closure until the State of Emergency is lifted\u0027 for essential businesses not enforcing the standards","functions":["SF sales floor / premises closed for every non-essential business","OF/OP offices (State telework mandate; \u0027Teleworking must be maximized\u0027; no visitors)","WF workforce (over-60 and quarantined workers excluded from premises; 6 feet at all times)","SL salons closed","FC/PE/AM/SP venues closed","SH realtors confined to home and necessary showings","CC call centers closed","ML malls closed","CB customer base","SC supply chain (CISA-based essential list)"],"notes":"Essential list follows CISA sectors and adds Delaware categories (¶ 6): health care including home health, hospice, long-term care and dental workers; construction (¶ 6.o); manufacturing (¶ 6.j); financial services and insurance (¶ 6.l); professional services \u0027such as legal, registered agent, or accounting services\u0027 (¶ 6.q.20); temporary employment placement (¶ 6.q.21); hotels (¶ 6.i.12; ¶ 6.q.23); child care (¶ 6.q.16); educational institutions for distance learning (¶ 6.i.11); houses of worship subject to existing gathering limits (¶ 6.q.12); laundromats limited to under ten persons (¶ 6.q.22); taxi but not ride-sharing (¶ 6.q.24). The Twenty-Seventh Modification\u0027s recital misdates this order as issued Mar. 23, 2020; the order is approved Mar. 22, 2020 at 4:00 p.m.","sourceUrl":"https://archivesfiles.delaware.gov/Executive-Orders/Carney/public-health/Fourth-Modification-to-State-of-Emergency-03222020.pdf","snapshot":"","fileExists":true,"fileBytes":334494,"grade":"primary","character":"","description":"","collection":"DE","url":"/library/DE-005","exhibitUrl":"/exhibit/DE-005","citation":"Governor John C. Carney, Fourth Modification of the Declaration of a State of Emergency (Mar. 22, 2020) (Ex. DE-005)","stateName":"Delaware","related":["DE-031","DE-006","DUT-DE-001","DE-001","DE-002","DE-007","DE-009","DE-068","DE-004","DE-003","DE-010","DE-011"]}