Skip to content
The COVID Project
  1. Library
  2. Standing duties: Minnesota
  3. MN-015

Ex. MN-015 Order Primary source read

Emergency Executive Order 20-40, Allowing Workers in Non-Critical Sectors to Return to Safe Workplaces (Apr. 23, 2020)

Allowing Workers in Non-Critical Sectors to Return to Safe Workplaces

Governor Tim Walz · Minnesota (State)

The COVID Project

The record

Jurisdiction
Minnesota
Level
State
Authority
Minn. Stat. §§ 12.21, 12.32; ch. 182 recited
Issued
2020-04-23 Apr. 23, 2020
Effective
2020-04-26 11:59 p.m. (workers return no sooner than Apr. 27, 2020) (read as 2020-04-26)
End
folded into EO 20-48 (May 4, 2020) and EO 20-56 (May 18, 2020) (read as 2020-05-04)
In force
Apr. 26, 2020 to May 4, 2020
Quarters
2020 Q2
Limitation types
Telework mandateWorkplace rulesOperating condition
Addressees
  • industrial and manufacturing businesses, wholesale trade, warehousing
  • office-based businesses not customer facing
Functions reached
  • PF production floor
  • WH warehouse
  • OF office premises
  • EN engineering and office staff
  • WF
  • HR training on the Plan
Collection
Standing duties: Minnesota DUT-MN

Operative words

1. Notwithstanding the requirement to stay at home in Executive Order 20-33, beginning no sooner than April 26, 2020 at 11:59 pm, workers for Non-Critical Exempt Businesses, as defined in this Executive Order, may return to work upon their Non-Critical Exempt Business's completion of the requirements set forth in this Executive Order.... 3.... As ordered in Executive Order 20-33, all workers who can work from home must do so.... 5.a. Industrial and manufacturing businesses.... This category includes wholesale trade, warehousing, and places of employment in which goods are in the process of being created. This category does not include customer-facing retail environments... 5.b. Office-based businesses.... where workers do their work within an office space, at their desk, and their work is primarily not customer facing... 6.... Before workers may return to work at a Non-Critical Exempt Business under this Executive Order, the Non-Critical Exempt Business must establish and implement a COVID-19 Preparedness Plan... i. Require work from home whenever possible. All Plans must ensure that all workers who can work from home continue to do so.

Enforcement

Para. 9: worker willful violation misdemeanor ($1,000 or 90 days); 'Any business owner, manager, or supervisor who requires or encourages any of their employees to violate this Executive Order is guilty of a gross misdemeanor and upon conviction must be punished by a fine not to exceed $3,000 or by imprisonment for not more than a year'; Attorney General and city and county attorneys may seek civil penalties 'up to $25,000 per occurrence from businesses and injunctive relief' (sec. 8.31); DLI citations, civil penalties or closure orders (para. 8)

Notes

Establishes the certified, posted, trained COVID-19 Preparedness Plan that every reopening Minnesota business carried until June 30, 2021; Plan Guidance published by DEED and DLI incorporated by reference.

Retrieval note

Cross-reference; not re-saved. Recital defines 'Minnesota OSHA Standards' as 'the Minnesota Occupational Safety and Health Act of 1973, Minnesota Statutes 2019, Chapter 182' and 'MDH and CDC Guidelines' as the COVID-19 guidelines of those agencies. ¶ 8 verbatim: 'All exempted work for Non-Critical Exempt Businesses must be conducted in a manner that adheres to Minnesota OSHA Standards and MDH and CDC Guidelines, including social distancing and hygiene practices. Under existing law and authority, DLI may issue citations, civil penalties, or closure orders to places of employment with unsafe or unhealthy conditions'.