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Ex. DUT-AK-017 Standing duty Primary source read

Health Mandate 016, Attachment D, Non-Essential Public Facing Businesses Generally (Not Including Retail), Phase II (issued Apr. 22, 2020; effective May 8, 2020), with the Phase I version effective Apr. 24, 2020 (cross-reference to Ex. AK-018 and Ex. AK-085; not re-saved)

Mandate 016 Attachment D (conditions on which non-essential public-facing businesses could resume operations)

Governor Mike Dunleavy; Commissioner Adam Crum, DHSS; Dr. Anne Zink, Chief Medical Officer · Alaska (State)

The COVID Project

The record

Jurisdiction
Alaska
Level
State
Authority
Public Health Disaster Emergency Declaration of Mar. 11, 2020 (recited); Health Mandate 016 ('Unless explicitly modified by this Mandate... prior Mandates remain in effect')
Issued
2020-04-22 Apr. 22, 2020
Effective
Phase I Apr. 24, 2020 8:00 a.m.; Phase II May 8, 2020 (read as 2020-04-24)
End
2020-05-22 (Phase III/IV: attachments reissued as 'Advisory Document[s]', Ex. AK-100) (read as 2020-05-22)
In force
Apr. 24, 2020 to May 22, 2020
Quarters
2020 Q2
Limitation types
Capacity limitGathering capFace-covering requirementWorkplace rulesOperating condition
Addressees
  • specified businesses: non-essential public-facing businesses not addressed by another attachment (Attachments E retail, F restaurants, G personal care, H non-public-facing)
Character
order operating condition
Collection
Standing duties: Alaska DUT-AK

Operative words

Non-Essential Businesses can resume operations if they meet all of the following requirements:... No more than 50 percent maximum building occupancy, as required by law, are permitted at any one time.... Employer must conduct pre-shift screening and maintain staff screening log.... Employer must establish a plan for employees getting ill and a return-to-work plan following CDC guidance

Penalty

As recited in Mandate 016: order to cease operations and/or civil fine of up to $1,000 per violation; AS 11.41.250 with AS 12.55.035 and 12.55.135 (Ex. AK-085)

What it required

Reopening was conditional ('can resume operations if they meet all of the following requirements'): 50 percent occupancy; household-only parties; a written COVID-19 Mitigation Plan; entryway signage that symptomatic persons 'may not enter'; 'Employer must provide handwashing capability or sanitizer'; 'Employer must provide for hourly touch-point sanitization'; 'Employer must provide training'; 'Employer must conduct pre-shift screening'; symptomatic employees 'may not report to work'; a 72-hour exclusion after fever; an illness and return-to-work plan 'following CDC guidance'; cleaning and disinfecting 'must be conducted in compliance with CDC protocols weekly' or a 72-hour weekly shutdown. Recorded exactly: six-foot spacing 'should be maintained'; reservations 'are encouraged'; cloth face coverings 'strongly encouraged'.

Retrieval note

The CDC incorporation is by the verbs 'following CDC guidance' (the plan the employer 'must establish') and 'must be conducted in compliance with CDC protocols' (cleaning), with the CDC business-response URL printed in the attachment. AKOSH read the Phase I attachments' face-covering clause as 'Must' and the Phase II clause as 'Strongly recommended' (DUT-AK-010).