The COVID Project
The record
- Jurisdiction
- Rhode Island
- Level
- State
- Authority
- Executive Order 20-32 ¶¶ 9, 15 (Ex. RI-017); 216-RICR-50-15-7 § 7.4(A)(1) ('applicable guidance issued by the Department') (Ex. RI-069); Executive Orders 20-24 and 20-30 (Ex. RI-015, RI-016)
- Issued
- 2020-05-13 May 13, 2020
- Effective
- 2020-05-13 (Phase I ran from May 9, 2020; COVID-19 Control Plan template due May 18, 2020 'in order to continue operations') (read as 2020-05-13)
- End
- 2020-06-01 (superseded by the Phase II guidelines, Ex. DUT-RI-020) (read as 2020-06-01)
- In force
- May 13, 2020 to June 1, 2020
- Quarters
- 2020 Q2
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Capacity limitGathering capFace-covering requirementStanding dutyOperating condition
- Addressees
- employers; all businesses and organizations eligible to operate in Phase I
- Character
- guidance incorporated
- Collection
- Standing duties: Rhode Island DUT-RI
Operative words
Businesses and organizations that re-open under Phase I must comply with these RIDOH regulations before re-opening, and businesses and organizations that are currently open (as of 5/6/2020) must comply with these measures within one week of their promulgation.... All businesses and organizations currently operating must complete the COVID-19 Control Plan template by May 18 in order to continue operations.
Penalty
through the instruments it restates: 216-RICR-50-15-7 § 7.6 civil penalties and § 7.5 closure (Ex. RI-069); § 23-1-25 (Ex. DUT-RI-014); § 30-15-21 (Ex. DUT-RI-010)
What it required
The State's general business guidance told every business and organization that continued operation depended on a written COVID-19 Control Plan meeting RIDOH's regulations, that 'Businesses and organizations must comply with the RIDOH regulations... and active executive orders,' that 'At a minimum, businesses and organizations must screen employees and visitors,' that 'Employers must provide appropriate face coverings to their employees,' and that persons with symptoms 'must be denied entrance'; the guidelines themselves are 'general guidance that should be considered the minimum' (recommended character for the guidance, mandatory for the regulation-derived requirements it restates), and the CDC's cleaning practices are stated as 'The CDC recommends.'
Retrieval noteThe verbs are recorded exactly: 'must' governs compliance with the RIDOH regulations and executive orders, the written Control Plan, entry screening, denial of entry to symptomatic persons, posters, employer-provided face coverings and cleaning supplies; 'should' governs six-foot spacing 'at all times,' sending ill employees home and hand-washing frequency; 'The CDC recommends' governs the soap-then-disinfectant method. EO 20-40 (Ex. RI-019) and EO 20-50 ¶ 13 (Ex. RI-021) directed businesses to 'review the guidance applicable to them available at https://ReopeningRI.com'; EO 21-68 ¶ 6 (Ex. RI-043) kept that direction to July 6, 2021.