The COVID Project
The record
- Jurisdiction
- Delaware
- Level
- State
- Authority
- Twenty-First Modification ¶¶ 1, 5 (Ex. DE-025) and Twenty-Seventh Modification § N (Ex. DE-031)
- Issued
- 2020-06-15 June 15, 2020
- Effective
- 2020-06-15 8:00 a.m. (read as 2020-06-15)
- End
- Phase 2 continued under the Twenty-Seventh Modification until the capacity regime ended May 21, 2021 (Ex. DE-037) (read as 2021-05-21)
- In force
- June 15, 2020 to May 21, 2021
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q2
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Capacity limitGathering capFace-covering requirementWorkplace rulesOperating condition
- Addressees
- employers; every business re-opening or continuing operations
- Character
- guidance incorporated
- Collection
- Standing duties: Delaware DUT-DE
Operative words
Phase 2 Responsibilities of all Businesses: in addition to the industry-specific guidance issued to businesses in the Phase 2 Reopen Plan... a. All employees, patrons, and visitors must wear cloth face coverings in accordance with the Thirteenth Modification... b. Businesses must monitor patrons and visitors entering a business, in lines, and ensure social distancing
Penalty
as for the incorporating Modification (20 Del. C. § 3125, recited in Ex. DE-025 ¶ 8; DPH inspection, closure and administrative penalties, Ex. DE-031 § A.5)
What it required
The State's Phase 2 page restates the Twenty-First Modification's mandatory 'Responsibilities of all Businesses' in the imperative ('must wear,' 'Businesses must monitor,' 'Businesses must ensure social distancing of at least six (6) feet,' 'Signage and floor markings must be present,' 'Businesses must post signs'), states that DPH-regulated businesses 'must also follow' DPH requirements, and states the exposure-control plan guidance as a recommendation ('All employers should implement and update as necessary a plan').
Retrieval noteThe capture is contemporaneous (July 1, 2020) and shows the page as businesses read it during Phase 2. The page links the Phase 2 reopening plan (Ex. DUT-DE-009) and the DPH food-establishment requirements (Ex. DUT-DE-017).