Stay at Home Order Overview (03/23/20)

As you are likely aware, Governor DeWine announced a “Stay at Home” order issued from Amy Acton, the Director of the Ohio Department of Health that will go into effect at 11:59 p.m. on Monday, March 23, 2020 and will remain in effect until at least through April 6, 2020.

In summary, this order basically requires Ohioans to stay at home with the following primary exceptions; Health and safety (medical care, prescription medicine, etc.….), Necessary supplies and services (food, beverage, home goods, etc.…) outdoor activities (while maintaining the social distancing guidance), care of others, work that is deemed essential (see below and the attached Directors Stay at Home order for more detail).

So, what exactly is an essential business?

Governor DeWine said the state will be following Homeland Security guidance.  “If you work in a critical infrastructure industry, as defined by the Department of Homeland Security, such as healthcare services and pharmaceutical and food supply, you have a special responsibility to maintain your normal work schedule,” the latest guidance from the Department of Homeland Security reads.

“These critical functions include, but are not limited to, systems that support healthcare personnel (e.g., doctors, nurses, laboratory personnel, etc.), the food industry (e.g., retail groceries and pharmacies), communication providers (e.g., operator, call centers, IT data centers), defense systems support, law enforcement, public works, and other essential operations. Workers who support these critical functions are necessary to keep critical systems and assets working”. 

https://www.cisa.gov/news/2020/03/19/cisa-releases-guidance-essential-critical-infrastructure-workers-during-covid-19

For additional detail regarding Governor DeWine’s Stay at Home order and the specific industries and positions deemed as essential, please refer to Section 12 (a. – y.) on the attached “Directors Stay at Home Order”.

Download the full Stay at Home Order here

Next Step Actions

• Assess and determine if your organization does or does not meet the criteria of being an “essential business” as defined in the Director’s Order.
• Communicate to your employee’s your determination that your organization is or is not an “essential business” and the status of your operations from Monday, March 23 (11:59 p.m.), 2020 through the end of the day on Monday, April 6, 2020.
  1. If your assessment concludes your business would meet criteria of being an “essential business or operation” then you should:
     1. Document to establish how your company reached this conclusion. There is not a formal state review and approval process in reaching this decision, but by conducting and documenting your analysis, this should help demonstrate how your company is trying to do the right thing and its efforts to pinpoint why it is an essential business internally to employee’s and externally to authorities if such analysis is requested.
     2. further assess and reinforce your sanitation, hygiene, social distancing and illness reporting protocols with your employee’s.
  2. If you will not continue all or part of your operations during this the time of this “Stay at Home” order, notify your impacted employee’s they should immediately file for unemployment or any other paid time off that may be available to them. Below is the link for employees to file their unemployment application with the state of Ohio.

https://unemployment.ohio.gov

As always, if you have any questions regarding this new information, please contact Steve Marklay at smarklay@aliniti.com or 513 578-6508

Note: This Summary Overview of Ohio “Stay at Home Order” is intended as an employer refence guide only and not intended to serve as either legal or medical advice.  Any legal questions should be directed to legal counsel and medical questions should be directed to an appropriate medical provider.