Pennsylvania Mitigation, Enforcement and Immunity Order (Nov. 23, 2020) and Apr. 1, 2021 amendment

The record

Jurisdiction

Pennsylvania

Level

State

Authority

35 P.S. § 521.5; 71 P.S. §§ 532(a), 536; 28 Pa. Code §§ 27.60-27.68

Issued

2020-11-23 Nov. 23, 2020

Effective

2020-11-27 12:01 a.m. (read as 2020-11-27)

End

Amended Dec. 3, 2020 (PA-078), Mar. 1, 2021 (PA-031), Apr. 1, 2021 effective Apr. 4 (PA-033), May 13, 2021 effective May 17 (PA-036); expired 12:01 a.m. May 31, 2021 (read as 2020-12-03)

In force

Nov. 27, 2020 to Dec. 3, 2020

Quarters

2020 Q42021 Q12021 Q2

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

Limitation types

Telework mandateCapacity limitGathering capFace-covering requirementCurfew and hoursAlcohol and barsEvents and venuesWorkplace rulesQuarantine and isolation

Addressees

• all businesses maintaining in-person operations, other than health care providers
• businesses serving the public in a physical space
• entertainment industry
• gyms and fitness facilities
• personal care services
• retail food services industry
• nightclubs
• event venues
• prisons and hospitals

Functions reached

• OP telework mandatory unless impossible
• EMP screening, masks, virtual meetings, visitor ban
• WF exposed and positive employees excluded from work
• SF retail 75%
• PE entertainment 50%
• FC gyms 50%
• SL personal care 50% appointment-only
• DR indoor dining 25% (50% self-certified)
• BA bar service prohibited; alcohol only with meals; 11 p.m. cutoff
• BQ and MK events 10%/15% of occupancy
• WS worship exempt but encouraged

Collection

Pennsylvania PA

Operative words

Section 1. General Requirements for Businesses Maintaining In-Person Operations, Other Than Health Care Providers. A. Teleworking. Unless impossible, all businesses must conduct their operations remotely, through individual teleworking of their employees in the jurisdiction or jurisdictions in which they do business. Where telework is impossible, employees may conduct in-person business operations, provided that the business fully complies with this Order... B.... ii. Mitigation Measures: a. Implement temperature screening before employees enter the business, prior to the start of each shift... and send employees home that have an elevated temperature or fever of 100.4 degrees Fahrenheit or higher.... f. Conduct meetings and trainings or other gatherings of employees and management virtually... h. Provide and require that employees wear face coverings during their time at the business... k. Prohibit non-essential visitors from entering the premises of the business.... iv. Employee Isolation or Quarantine:... b. An employee who is a close contact of a person who is diagnosed with or tests positive for COVID-19... may not continue to work at an in-person business, and must quarantine in accordance with the direction of the Department or the local health department. c. If an employee is diagnosed with or tests positive for COVID-19, the employee may no longer work at an in-person business, even if asymptomatic, and must isolate... Section 3. Additional Capacity Limitations for Businesses... [in-person retail businesses serving the public] 75% of the maximum capacity stated on the applicable certificate of occupancy at any given time... Section 4. Additional Requirements for Entertainment Industry. All in-person retail businesses serving the public within a building or defined area in the entertainment industry (museums, amusements, etc.) may operate at up to 50% of the maximum capacity... Section 5. Additional Requirements for Gyms and Fitness Facilities. All gyms and fitness facilities, are permitted to continue indoor operations at up to 50% occupancy, but must prioritize outdoor physical fitness activities.... Section 6. Additional Requirements for Personal Care Services. Personal care services, including spas, saunas, tattoo parlors, massage therapists, hair and nail salons and barbershops, may operate at up to 50% occupancy and by appointment only. Section 7.... Alcohol only can be served for on-premises consumption when in the same transaction as a meal. All service must be at a table or booth; bar service is prohibited. All sale or dispensing of alcoholic beverages for on-site consumption must cease at 11:00 p.m.... i. Limited to 25% of stated fire code maximum occupancy for indoor dining... an eligible establishment may increase non-event capacity limitations to 50% of stated fire code maximum occupancy for indoor dining if the establishment enrolls in and has complied with the... self-certification... Section 9. Requirements for Events and Gatherings. [indoor:] 0-2,000 people 10% of Maximum Occupancy... [outdoor:] 0-2,000 people 15% of Maximum Occupancy... Section 10. Visitations to Prisons and Hospitals... Section 11. Exemptions. A. Religious Gatherings... [excluded from the gathering limits] during religious services. These institutions are strongly encouraged to enforce... Section 14. Effective Date and Duration. This Order shall take effect at 12:01 a.m. on November 27, 2020 and shall remain in effect until further notice.

Enforcement

Notes