Phase One Directive with Appendix A (Directive implementing Executive Orders 2-2020 and 3-2020 and providing guidance for the phased reopening of Montana and establishing conditions for Phase One) (cross-reference to Ex. MT-013)

Public health order under 50-1-103(2) (DUT-MT-004)

Reopening was conditional on Appendix A's mandatory protocols ('must': per-shift employee health assessments, closure of waiting areas without distancing, six-foot distancing, a cleaning plan and sanitation training, cleaning of surfaces and menus between customers, 50 percent capacity, six per table, table service in bars, closed buffets, 11:30 p.m. close), while the all-phases clause used the recommendatory verb for employer policy: 'Employers should: Develop and implement appropriate policies, in accordance with federal, state, and local regulations and guidance, and informed by industry best practices, regarding: Social distancing and protective equipment. Temperature checks and/or symptom screening. Testing, isolating, and contact tracing... Sanitation. Use and disinfection of common and high-traffic areas'; telework 'should' continue and employers 'are encouraged' to stagger shifts; schools 'Utilize CDC guidelines' (incorporation by reference). Recorded exactly: 'must' for the Appendix A conditions of operating; 'should' and 'encouraged' for the employer-policy and telework clauses.