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Ex. SEC-11-022 Order Primary source read

Interim COVID-19 Guidance for Wholesale Trade (NY Forward Phase 1 industry guidance; version 'As of June 26, 2020')

Interim Guidance for the Wholesale Trade Sector During the COVID-19 Public Health Emergency

New York State Department of Health and Empire State Development (mandatory under EO 202.6, 202.31 and successors) · New York (State)

Open exhibit (PDF, 379 KB)Source (opens in a new tab)Archived copy (opens in a new tab)
The COVID Project

The record

Jurisdiction
New York
Level
State
Authority
N.Y. Exec. Law § 29-a; EO 202.6 (Mar. 18, 2020) directing businesses to comply with DOH guidance; EO 202.31 (May 14, 2020) Phase 1 reopening conditioned on compliance with DOH guidance
Issued
2020-06-26 June 26, 2020
Effective
2020-05-15 (Phase 1 regions; first issued May 15, 2020 for NY Forward Phase 1); New York City June 8, 2020; the saved exhibit is the revision of June 26, 2020 (read as 2020-05-15)
End
Made optional for most industries June 15, 2021 (State reopening); EO 202 series expired June 24-25, 2021 (read as 2021-06-15)
In force
May 15, 2020 to June 15, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitation types
Capacity limitGathering capFace-covering requirementWorkplace rules
Addressees
  • owners/operators of wholesale trade businesses and their employees and contractors ('Responsible Parties')
Functions reached
  • WH warehouse and dock (50 percent workforce occupancy; six feet; face coverings; signage; small-area occupancy limits)
  • OP (in-person meetings limited)
  • CS (shippers and receivers under parallel guidance)
  • CB (wholesale customers reopening in phases)
Collection
Logistics, Warehousing and Wholesale SEC-11

Operative words

These guidelines are minimum requirements only... Responsible Parties must ensure that for any work occurring indoors, the workforce presence is limited to 50% of the maximum occupancy for a particular area as set by the certificate of occupancy, excluding supervisors... Responsible Parties must ensure that a distance of at least six feet is maintained among workers at all times, unless safety or the core activity requires a shorter distance... Any time employees must come within six feet of another person, acceptable face coverings must be worn... Responsible Parties must limit in-person employee gatherings (e.g. team huddles, daily check-ins...)... When you have read this document, you can affirm at the bottom.

Enforcement

Compliance was a condition of operating under EO 202.31 et seq.; violations enforceable under Public Health Law § 12 and Exec. Law § 29-a (civil penalties; local enforcement)

Notes

Confirms that 'Wholesale Trade' was a Phase 1 reopening industry: non-essential wholesale trade could not conduct in-person operations under New York State on PAUSE (EO 202.8, Mar. 22, 2020) until Phase 1 (May 15, 2020 upstate; June 8, 2020 New York City), and then only under these mandatory minimums. ESD's essential-business list (Ex. SEC-07-023) named 'warehouse/distribution and fulfillment', 'medical wholesale and distribution', 'mail and shipping services' and 'logistics' as essential, not general wholesale trade.

Retrieval note

The saved version is dated 'As of June 26, 2020'; the first version issued for Phase 1 (May 15, 2020) carried the same occupancy and distancing minimums (secondary). Revision of June 26, 2020; first issued May 15, 2020 (NY Forward Phase 1).

A record of The COVID Project. The instrument's text is the source's; the summary fields are The COVID Project's reading of it. Not legal advice.