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Ex. DUT-WV-020 Standing duty Primary source read

A Guide to Safely Reopening Larger Retail Stores (issued May 11, 2020)

A Guide to Safely Reopening Larger Retail Stores: policies, access control, distancing plan under the DHHR two-per-1,000-square-feet limit, screening of employees and entrants, sick-employee removal, hygiene, touch points, fitting rooms, PPE

Office of Governor Jim Justice ('West Virginia Strong -- The Comeback') · West Virginia (State)

The COVID Project

The record

Jurisdiction
West Virginia
Level
State
Authority
Office of the Governor, West Virginia Strong -- The Comeback, A Guide to Safely Reopening Larger Retail Stores (May 11, 2020)
Issued
2020-05-11 May 11, 2020
Effective
2020-05-21 (with EO 39-20's reopening of retail and malls) (read as 2020-05-21)
End
Capacity limits on retail lifted Mar. 6, 2021 (EO 8-21; Ex. WV-060); framework terminated Apr. 20, 2021 (EO 12-21; Ex. WV-063) (read as 2021-03-06)
In force
May 21, 2020 to Mar. 6, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitation types
Workplace rulesOperating conditionOther
Addressees
  • specified businesses: larger specialty retail stores reopened under EO 39-20 para. cc (retail and malls)
Character
guidance incorporated
Collection
Standing duties: West Virginia DUT-WV

Operative words

Failure to adhere to these guidelines may result in appropriate enforcement measures.... Create a social distancing plan to manage and reduce contact with consideration for the West Virginia DHHR limitation of 2 persons per 1000 square feet;... Screen all employees reporting to work daily and all those who enter the building for COVID-19 symptoms

Penalty

'appropriate enforcement measures'; EO 9-20 para. 7 enforcement

What it required

Recorded verb by verb: directive items in the imperative ('Develop and implement appropriate policies, in accordance with federal, state, and local regulations and guidance'; 'Control access points'; 'Screen all employees reporting to work daily and all those who enter the building'; 'Provide a place to wash hands'); recommended items ('Businesses are strongly encouraged to implement more stringent protocols'; touch points 'should be reduced'; 'entrance/exit doors should be sanitized routinely'; 'the employer should' establish occupancy limits 'with consideration for the limit of 2 persons per' 1,000 square feet); the guide states that it operates 'in addition to any and all relevant guidelines established by the West Virginia Department of Health and Human Resources as well as the Centers for Disease Control (CDC)'; and the consequence clause 'Failure to adhere to these guidelines may result in appropriate enforcement measures.'

Retrieval note

The 'DHHR limitation of 2 persons per 1000 square feet' the guide recites is the occupancy condition EO 32-20 § 2 wrote into the small-business reopening (Ex. WV-026) and the hotspot orders directed local health departments to enforce 'on an individual-per-square-foot-basis' (Exs. WV-017 to WV-021).