The COVID Project
The record
- Jurisdiction
- Montana
- Level
- State
- Authority
- Mont. Code Ann. 10-3-104(2)(c), -305; 50-1-101(2), -202, -203, -204; EOs 2-2020 and 3-2020
- Issued
- 2020-07-15 July 15, 2020
- Effective
- 2020-07-15 ('effective immediately'), in counties with four or more active cases; statewide from Nov. 20, 2020 (Ex. MT-018); continued Jan. 15, 2021 (Ex. MT-020) (read as 2020-07-15)
- End
- 2021-02-12 (Ex. MT-021) (read as 2021-02-12)
- In force
- July 15, 2020 to Feb. 12, 2021
- Quarters
- 2020 Q32020 Q42021 Q1
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Face-covering requirementWorkplace rulesOperating condition
- Addressees
- employers; owners or persons in control of premises (all businesses and persons responsible for indoor spaces open to the public); sponsors of outdoor activities of 50 or more
- Character
- order operating condition
- Collection
- Standing duties: Montana DUT-MT
Operative words
all businesses... responsible for indoor spaces open to the public shall require and take reasonable measures to ensure that all employees, contractors, volunteers, customers, or other members of the public wear a face covering... while entering or remaining in any indoor spaces open to the public. Face coverings shall be provided for all employees and volunteers.
Penalty
Public health order under 50-1-103(2); 'penalties, trespass enforcement, and other formal enforcement mechanisms' reserved for 'the most egregious, repeat violations'; a peace officer may remove a refusing person
What it required
A workplace infection-prevention and exposure-control requirement placed on the business, not on the individual: the business 'shall require and take reasonable measures to ensure' face coverings by employees, contractors and customers, 'shall' provide coverings to employees and volunteers, 'shall' post the entry sign, and 'should afford accommodations' under the ADA and the Montana Human Rights Act; the Directive 'is enforceable only against businesses and other persons who are responsible for indoor spaces open to the public, or sponsors of organized outdoor activities'. Recorded exactly: 'shall' for the business duty; 'strongly encouraged' for counties with three or fewer cases; enforcement 'should focus... on education'.
Retrieval note'Business' is defined as 'any for-profit or non-profit entity which has employees or volunteers', listing retail, grocery, food and beverage, lodging, personal care, medical, pharmacies, gyms, museums, theaters, gas stations, repair, non-profits, realty, legal, transportation and ride sharing. The Directive recites that face coverings are 'a potentially effective substitute for business closures'.