The COVID Project
The record
- Jurisdiction
- Delaware
- Level
- State
- Authority
- Twenty-First Modification of the Declaration of a State of Emergency ¶¶ 1, 5 (Ex. DE-025) and Twenty-Seventh Modification § N.1 (Ex. DE-031), which require compliance with 'the Phase 2 Reopen Plan, or other applicable Division of Public Health ("DPH") guidance'; 20 Del. C. §§ 3115(b), 3116
- Issued
- 2020-06-15 June 15, 2020
- Effective
- 2020-06-15 8:00 a.m. (with the Twenty-First Modification) (read as 2020-06-15)
- End
- superseded in structure by the Twenty-Seventh Modification (Sept. 3, 2020), which continued the Phase 2 Reopen Plan by reference (Ex. DE-031 § N.1) until the capacity regime ended May 21, 2021 (Ex. DE-037) (read as 2021-06-30)
- In force
- June 15, 2020 to June 30, 2021
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q2
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Telework mandateCapacity limitFace-covering requirementWorkplace rulesOperating condition
- Addressees
- employers; specified businesses (every industry listed in the Plan: restaurants, retail, arts and culture, casinos, hotels, exercise facilities, personal care, houses of worship, and others)
- Character
- guidance incorporated
- Collection
- Standing duties: Delaware DUT-DE
Operative words
Businesses are responsible to follow the Responsibilities for all Businesses, set forth in the State of Emergency Order.... Employees who are symptomatic must not physically return to work until cleared by DPH.... Employers are encouraged to continue teleworking.
Penalty
violation of the incorporating Modification: criminal offense under 20 Del. C. § 3125 (recited in Ex. DE-025 ¶ 8); DPH inspection, closure, occupancy restrictions and administrative penalties (Ex. DE-031 § A.5; Exs. DUT-DE-011, DUT-DE-014)
What it required
The Plan, incorporated by the Twenty-First and Twenty-Seventh Modifications as a condition of operating, states the mandatory business duties in the imperative ('must be disinfected using an EPA-approved disinfectant every 15 minutes to 2 hours'; 'Businesses must make hand sanitizer or handwashing stations readily available'; 'Employers must post signs'; 'strict social distancing must be observed'; fixed-seating venues 'only 60% of patron seating may be occupied') and states the recommendations as recommendations ('Employers are encouraged to continue teleworking'; employees 'should perform a daily health check'; 'Downtime should be given between shifts').
Retrieval noteThis is the document the Twenty-First Modification cites by URL ('https://governor.delaware.gov/wp-content/uploads/sites/24/2020/06/Delaware-Economic-Reopening-PHASE-2.pdf'). The Plan divides its content into General Guidance ('applies to individuals and business regardless of where they are going'), Industry Guidance ('should be followed closely by all businesses within those industries') and Individual Business Guidance from the Division of Small Business. 9.97 MB; original PDF.