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Ex. DUT-DE-009 Standing duty Primary source read

Delaware's Reopening, Phase 2 (June 15, 2020): General Guidance for Individuals and Businesses and Industry Guidance

Delaware's Reopening: Phase 2, June 15, 2020 (Governor John Carney; de.gov/economy)

Governor John C. Carney (Office of the Governor, with the Division of Small Business and the Division of Public Health) · Delaware (State)

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superseded in structure by the Twenty-Seventh Modification (Sept. 3, 2020), which continued the Phase 2 Reopen Plan by reference (Ex.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
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 note

This 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.