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Ex. DUT-AK-019 Standing duty Primary source read

Health Mandate 016, Attachments D and F, 'Advisory Document Phase III-IV' (May 22, 2020) (cross-reference to Ex. AK-100 and Ex. AK-098; not re-saved)

Mandate 016 Attachments D and F as advisory documents (Phase III-IV)

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

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The COVID Project

The record

Jurisdiction
Alaska
Level
State
Authority
Health Mandate 016, Reopen Alaska Responsibly Plan, Phase III/IV (May 22, 2020)
Issued
2020-05-22 May 22, 2020
Effective
2020-05-22 8:00 a.m. (read as 2020-05-22)
End
Guidance; the Health Mandates were crosswalked to the Outbreak Health Orders on Nov. 16, 2020 (Ex. AK-024) (read as 2020-11-16)
In force
May 22, 2020 to Nov. 16, 2020
Quarters
2020 Q22020 Q32020 Q4
Limitation types
Workplace rulesOperating condition
Addressees
  • specified businesses: non-essential public-facing businesses (Att. D); restaurants (Att. F)
Character
recommendation only
Collection
Standing duties: Alaska DUT-AK

Operative words

Non-Essential Businesses can resume operations. The following information is for the purposes of providing guidance and best practices.... It is recommended that cleaning and disinfecting continue to be conducted in compliance with CDC protocols.... CDC cleaning and disinfecting must be performed as soon after the confirmation of a positive test as practical.

Penalty

None stated in the advisory documents; Mandate 016's penalty recital remained attached to the mandate (Ex. AK-085)

What it required

Recorded exactly: from May 22, 2020 the business attachments were captioned 'ADVISORY DOCUMENT' and stated that their content 'is for the purposes of providing guidance and best practices'; their verbs became 'encouraged' (face coverings, reservations, handwashing capability), 'should' (frequent handwashing; symptomatic persons 'should not be on the premises'), and 'recommended' (CDC-protocol cleaning); three sentences kept 'must' ('No employee may report to the work site within 72 hours of exhibiting a fever'; 'Employer must establish a plan for employees getting ill and a return-to-work plan following CDC guidance'; post-positive CDC cleaning 'must be performed'), and the legal effect of those sentences is that of the advisory instrument in which they sit, while the standing duties of AS 18.60.075 and 18 AAC 31 continued to bind the same employers.

Retrieval note

Ex. AK-098 (Att. F advisory) sha256 67f92722513e09932d52ccbf1bffbc949a350212b6fb8816422a29fa642f309c carries the same structure for restaurants ('It is encouraged that cloth face coverings be worn by all employees'; 'Employer must establish a plan for employees getting ill'). The register rule applies: a recommendation is recorded as a recommendation; the duties that continued to compel the same measures after May 22, 2020 are the standing statutes (DUT-AK-005, DUT-AK-011) and, from Apr. 30, 2021, the HB 76 condition (DUT-AK-014).

A record of The COVID Project. The instrument's text is the source's; the summary fields are The COVID Project's reading of it. Not legal advice.