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Ex. DUT-AZ-013 Standing duty Primary source read

Requirements document issued under executive order

Requirements for Businesses: Pursuant to Executive Order 2020-40 Containing the Spread of COVID-19

Office of Governor Douglas A. Ducey with the Arizona Department of Health Services · Arizona (State)

The COVID Project

The record

Jurisdiction
Arizona
Level
State
Authority
Executive Order 2020-40 para. 3 (Ex. AZ-020); Executive Order 2020-36 para. 5 (Ex. AZ-019); A.R.S. §§ 26-303, 36-787
Issued
2020-06-17 June 17, 2020
Effective
2020-06-18 12:00 a.m. (with EO 2020-40) (read as 2020-06-18)
End
2021-03-25 (EO 2021-06 converted the business requirements to recommendations and rescinded EO 2020-36 and EO 2020-40, Ex. AZ-037) (read as 2021-03-25)
In force
June 18, 2020 to Mar. 25, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q1
Limitation types
Telework mandateCapacity limitGathering capFace-covering requirementWorkplace rulesOperating condition
Addressees
  • every business, institution, profession or entity that physically operates in Arizona and serves the public or is an employer
Character
order operating condition
Collection
Standing duties: Arizona DUT-AZ

Operative words

Any business... that physically operates in the State of Arizona and serves the public or is an employer shall develop, establish, implement and enforce policies that adopt guidance from the Centers for Disease Control and Prevention (CDC), the Department of Labor, the Occupational Safety and Health Administration (OSHA), and the Arizona Department of Health Services (ADHS)

Penalty

enforcement 'by law enforcement and regulatory agencies that have jurisdiction over the business' (EO 2020-40 para. 3, Ex. AZ-020), after notice and an opportunity to comply; 'immediate enforcement action... up to and including summary suspension for any license that the business holds' for failure to follow the order or ADHS guidance (EO 2020-43 para. 7, Ex. AZ-022); A.R.S. § 26-317 (Ex. DUT-AZ-007)

What it required

Made every business's and employer's continued operation conditional on written, enforced policies adopting CDC, DOL/OSHA and ADHS guidance and stated that 'under all circumstances, the following precautions are required for businesses operating in Arizona': six-foot distancing that 'businesses shall implement and enforce,' reduced occupancy, marked queues, closure or limitation of break rooms and other congregate settings, face coverings 'when physical distancing is not feasible,' symptom monitoring, protective equipment and telework 'where feasible.'

Retrieval note

Verbs recorded exactly: 'shall develop, establish, implement and enforce policies'; 'the following precautions are required'; 'businesses shall implement and enforce physical distancing requirements of at least 6 feet'; 'Requiring face coverings when physical distancing is not feasible'; 'Allowing for and encouraging teleworking where feasible'; the sub-bullets under the distancing requirement use 'Maintain,' 'Operate,' 'Install,' 'Close or limit... as feasible' and one 'consider.' The document adds face coverings to the eight EO 2020-36 policy heads. Footer: 'Note that guidance may be updated. Those complying with this guidance are encouraged to regularly visit the [ADHS] website.'.