Updated April 3, 2020
Mandated closures to nonessential businesses and shelter-in-place orders have begun to proliferate in multiple state and local jurisdictions in response to the COVID-19 pandemic. SOCMA has compiled the following summary to keep you informed of the most recent government orders affecting business continuity, and to help you petition government officials to exempt your manufacturing activities from any operating restrictions.
It is important to emphasize that the U.S. Department of Homeland Security’s (DHS) Cybersecurity and Infrastructure Security Agency (CISA) has issued federal guidance to aid officials in determining which critical infrastructure sectors should be designated essential and allowed to operate. The CISA guidance identifies the chemical industry as a critical infrastructure sector, and many states have incorporated the guidance into their orders to ensure vital industries are exempt from any operating restrictions.
Please contact Jared Rothstein, Senior Manager, Regulatory Affairs, for assistance in preparing exemption statements.
The state of Alabama has issued restrictions prohibiting all non-work gatherings of 25 people or more that cannot maintain a consistent six-foot distance between persons are prohibited throughout the state. This order applies to all events or activities that bring 25 or more persons in a single room or single space at the same time, and also specifies that employers shall take all reasonable steps to meet these standards for employees and customers. Individuals may seek an exemption from the State Health Officer.
Governor Ducey has issued an executive order prohibiting the closure of essential businesses by local governments in Arizona. The order pre-empts the closure of key industry sectors including pharmaceutical, chemical, biotechnology, sanitization, agriculture, transportations, waste pickup and disposal, and other manufacturing.
Governor Ducey has issued a new executive order that is in effect until April 30 that requires businesses that remain functioning to implement social distancing procedures and follow CDC guidelines for sanitation. The order defines essential businesses exempt from the stay in place order to include pharmaceutical, chemical, biotechnology, sanitization, agriculture, transportations, waste pickup and disposal, and other manufacturing and retains the prohibition on local governments closing essential businesses.
Governor Hutchinson issued an executive order on March 25 limiting mass gatherings greater than 10 people, with a specific exception for “businesses, manufacturers, and construction companies.”
California has issued a statewide Executive Order for people to stay at home. The Order references DHS’s “Essential Critical Infrastructure Workers” guidance to identify sectors deemed essential. In addition, the Order states that the Governor may designate additional sectors as critical. DOWNLOAD EXECUTIVE ORDER
Colorado has issued an order for businesses to reduce their workplace presence by at least 50%. Business operations deemed essential and allowed to remain open include “critical manufacturing” which covers chemicals, pharmaceuticals, and “any business that produces products critical or incidental to the processing, functioning, development, manufacture, or delivery of any of the categories of products” noted in the order.
Governor Ned Lamont to order all “non-essential” businesses to stay closed for an indefinite time period beginning Monday, March 23 at 8pm. EXEMPT BUSINESSES
Governor Carney issued new travel restrictions on March 31 that require visitors from out of state to self-quarantine for 14 days upon entry to the state. The order does not apply to individuals commuting into Delaware to work for an essential business.
Governor DeSantis has issued an executive order in effect until April 30 that requires residents to limit movements outside the home to only essential activities. The order defines “essential” activities exempt from the order as those defined in the federal CISA guidance.
On March 23, Hawaii issued a stay at home order closing nonessential businesses in the state except for those identified as essential under the federal CISA guidance.
Illinois Governor Pritzker and Chicago Mayor Lightfoot have announced a “Shelter-in-Place” order effective beginning Saturday March 21 at 5:00pm through April 7. The order exempts jobs specific to Chemicals, Transportation & Logistics, Critical Manufacturing, Energy, Water & Wastewater, and Hazardous Materials. The sections in the order which would cover our chemical manufacturing are listed under sections 7, 9, and 12 (n) and (t). READ EXECUTIVE ORDER
The Indiana Governor has issued stay at home order to residents that will remain in effect until April 6. The order identifies essential business as those listed in the federal CISA guidance as well as broadly exempting the “manufacture, distribution, and supply chain for critical products and industries.”
Governor Kelly has issued a stay at home order that closes businesses except for those defined as essential under the Kansas Essential Functions Framework (KEFF). KEFF shares similarities with the federal CISA guidance and includes chemicals as an essential business category.
Governor Beshear has issued an order that adopts the federal CISA guidance to designate “Life Sustaining Businesses” and further includes broad exemptions for manufacturing activities to remain open.
The Governor has also signed an order requiring that residents not to leave the state and for any visitor to self-quarantine for 14 days, unless they are in Kentucky as a result of essential business activities.
The Louisiana Governor has issued a “stay at home” order restricting gatherings to no more than 10 people. The order does not apply to “factories or manufacturing facilities” and states that workers are allow to go to and from their job site to perform essential functions as defined by the federal CISA guidelines. The state has also provided a fact sheet listing examples of critical infrastructure businesses, which includes chemicals.
Governor Mills has issued a stay in place order and a nonessential business closure order that adopt by reference the federal CISA guidance on essential businesses, which exempts chemical manufacturing.
Maryland Gov. Larry Hogan has ordered the closure of all non-essential businesses, organizations, establishments and facilities in Maryland as of March 23 at 5 p.m. Hogan said the move was necessary to “slow the spread of COVID-19 in Maryland.” The order closes all businesses not covered by federal guidelines defined as critical infrastructures. Chemical Manufacturers are deemed essential businesses. Read Interpretive Guidance. As of March 30 at 8:00pm, the state will also be under a stay at home order.
Governor Charlie Baker issued an emergency stay at home order requiring all businesses and organizations that do not provide “COVID-19 Essential Services” to close their physical workplaces and facilities to workers, customers and the public until Tuesday, April 7th at noon. Manufacturers, technicians, logistics and warehouse operators, and distributors of or necessary to the supply chain of medical equipment, personal protective equipment (PPE), medical gases, pharmaceuticals, blood and blood products, vaccines, testing materials, laboratory supplies, cleaning, sanitizing, disinfecting or sterilization supplies, and tissue and paper towel products are exempt. READ MORE
Governor Baker has extended his stay in place order through May 4.
Michigan’s governor has issued a “stay in place” order extending until April 13. The order incorporates the federal CISA guidance as to what businesses are considered “essential.” The order also provides that businesses must “determine which of their workers are critical infrastructure workers and inform such workers of that designation.”
Governor Walz has issued an executive order imposing stay at place restrictions until April 10. The order includes exemptions for essential businesses as defined by the federal CISA guidance.
Governor Reeves has issued a stay in place order that closes all non-essential businesses in the state until April 20. The order adopts the definition of essential business as defined by the federal CISA guidance.
Governor Bullock has issued a stay at home and nonessential business closure order that is effective until April 10. The order references the federal CISA guidance for the definition of essential businesses. The Governor has also issued travel restrictions requiring visitors to Montana for non-work travel to self-quarantine for 14 days upon arrival.
The state of Nevada has ordered the closure of all “non-essential” businesses. Nevada Health Response issued guidance regarding which sectors are considered essential, but it does not provide a specific exemption for manufacturing or chemicals.
Governor Sununu has issued a stay-at-home order in effect until May 4 along with a list of essential business sectors that may continue operate while this order is in effect. The list includes the chemical sector.
Governor Lujan-Grisham has issued a stay in place order that closes all non-essential businesses. Essential businesses exempt from the order include chemical manufacturing.
New York has issued guidance to identify essential businesses not subject to the state’s workforce reduction executive order. The production of chemicals and pharmaceuticals are identified in the guidance’s list of essential manufacturing. READ MORE
Governor Phil Murphy vowed on Friday to implement more restrictions on New Jersey residents including the shutdown of all “non-essential” businesses. Further clarification on what industries are classified as “non-essential” have been published by Gov. Murphy. READ EXECUTIVE ORDER
Governor Cooper has signed a stay at home order that closes businesses effective 30 days beginning Monday, March 30. It includes exemptions for manufacturers as defined by the federal CISA guidance.
Gov. DeWine Announces Stay-At-Home Order, Closure of Non-Essential Businesses through May 1. Gov. DeWine extended the order, which was initially set to expire on April Under section 12a, the order explicitly cites the US Department of Homeland Security guidance that identifies essential critical infrastructure workers. READ MORE
Oklahoma has issued a stay in place order for immune-compromised or vulnerable communities in 19 Oklahoma counties. The order closes non-essential businesses in those counties with exemptions for essential business operations as defined by the federal CISA guidelines.
Governor Stitt issued a new executive order on April 1 that prohibits mass gatherings larger than 10 people, closes non-essential businesses and incorporates the federal CISA guidance to exempt businesses deemed essential.
Governor Brown has ordered the closure of businesses “for which close personal contact is difficult or impossible to avoid,” which does not apply to manufacturing or industrial activities except to require businesses practice maximum possible amounts of telework and implement social distancing practices.
Pennsylvania has updated their Yes/No list here.
Governor Raimondo has issued a stay in place order closing only non-essential retail businesses. The order has no apparent implications for manufacturing sectors.
The Governor has ordered all out-of-state visitors who travel to the state for a non-work reason to self-quarantine for 14 days.
Governor McMaster has issued an executive order that identifies a number of non-essential businesses in the state that are subject to closure. The order does not identify manufacturing industries as subject to closure.
The Governor has issued an order requiring a mandatory 14-day quarantine for individuals who have traveled to the state from the states of New York, New Jersey, and Connecticut, as well as New Orleans.
Governor Lee has issued an executive order that identifies stay in place guidelines for residents. The order incorporates federal CISA guidance in identifying essential businesses allowed to continue operating.
Governor Abbott has issued an executive order requiring Texans to minimize non-household in-person contact. The order adopts the federal CISA guidance to define essential business activity. The Texas Division of Emergency Management is maintaining a list of essential businesses in the state.
Vermont has issued a stay in place order closing all non-essential business. Manufacturing is listed among the essential businesses exempted from the order, defined as, “critical manufacturing, including food and animal feed manufacturing, processing and supply, pharmaceuticals and other manufacturing necessary to support the COVID-19 response as well as economic and national security.” The order does not incorporate the federal CISA guidance.
Virginia Gov. Ralph Northam ordered the closure of non-essential businesses beginning Tuesday, March 24 at Midnight. Non-essential businesses operating brick and mortar locations could continue to remain opened if no more than 10 patrons are allowed in. Read Executive Order
Governor Inslee has issued a “stay at home” order shuttering all non-essential businesses in Washington State until April 6. The order incorporates the federal CISA guidance as the designation of essential businesses. The state has also issued a critical infrastructure clarification document alongside the order, which mirrors the CISA guidance.
West Virginia has issued a stay-at-home order that temporarily shuts down all non-essential business, exempting “essential” businesses as defined by the federal CISA guidance. The order includes added exemptions for the “manufacture, distribution, and supply chain for critical products or industries.”
Wisconsin has issued a stay in place order that closes all nonessential businesses, with exceptions for manufacturers as defined in the federal CISA guidance.