On Thursday, March 19, Pennsylvania Governor Tom Wolf issued an “Order Regarding The Closure Of All Businesses That Are Not Life Sustaining” (Order). The Order clarifies what businesses are deemed essential and non-essential (discussed in the Guide, described below). It also issues a Stay At Home order for seven different counties (Discussed in Stay at Home Order, described below). The Order also urges all individuals to maintain social distancing and hygienic practices.
The first Emergency Orderwas issued due to the public health threat of COVID-19, and became effective on March 6, 2020. The emergency order granted powers to the governor to issue recommendations, directives, and orders as circumstances may require.
Life Sustaining Businesses
A list of “Life-Sustaining Businesses” (Guide), issued March 19, designates businesses which are exempt from the stay Order. This list has been updated to align with guidance on Essential Critical Infrastructure issued by the Department of Homeland Security Cybersecurity and Infrastructure Security Agency advisory.[1]
All “Non-Life Sustaining Businesses” within the State were closed effective March 19, 2020 at 8 P.M. However, the Governor delayed enforcement actions until March 23, at 8 A.M[2]. Businesses and organizations not on the list of Life Sustaining Businesses are encouraged to continue operations through remote means that do not require workers, customers, or the public to enter or appear at the brick-and-mortar premises closed by the order.
“Non-Life Sustaining Businesses” include, but are not limited to:
- Hospitality and Recreation Facilities
- Concert halls, theaters, and other performing arts venues
- Sporting event facilities and venues
- Shopping Malls
- Retail stores not included within the definition of Essential Businesses
- Construction
The Guide does not give definitions for “Life Sustaining Businesses,” but gives an extensive chart of businesses that are exempt within the below categories. If a business falls under one of the following categories, consult the Guide for a detailed description of the types of work that define a “Life Sustaining Business.”
Furthermore, businesses that offer carry-out, delivery, and drive-through food and beverage service may continue to do so, but eating and drinking inside restaurants and bars is temporarily prohibited. The guide can be found here.
The Guide includes, but is not limited to, the following businesses:
1. Natural Resources and Mining
2. Manufacturing
- Food and Beverage
- Chemical
- Wood and paper
- Plastics, mineral product, and metals
- Certain machinery
- Semiconductors and control instruments
- Medical equipment and supplies
3. Food and Agriculture
4. Wholesale Trade (Except furniture and lumber)
5. Retail Trade
- Building Material and Supplies
- Automotive parts
- Grocery stores and specialty food stores
- Gas stations
- “other general merchandise stores”
- E-commerce and mail-order houses
6. Transportation and Warehousing (Except charter bus and tourism transportation)
7. Utilities
8. Communications and Information Technology (Except software publishers, motion picture/video, sound recording, and telecommunications resellers)
9. Financial Activities
- Credit Intermediation and Related Activities
- Insurance Carriers and Related Activities
- Insurance and Employee Benefit Funds
- Rental and Leasing Services
10. Professional and Business Services
- Accounting & Payroll services
- Scientific Research and Development Services
- Administrative Facilities Support Services
- Investigation and Security services
- Services to building and dwellings
- Waste Management and Remediation Services
11. Health Care and Social Assistance (Except Child Day Care Services unless otherwise permitted by waiver)
12. Accommodation and Food Services (Except Special Food Services and Alcoholic Beverage Drinking Places)
13. Repair and Maintenance Services
14. Death Care Services
15. Drycleaning and Laundry Services
16. Other Services
- Religious Organizations
- Grantmaking and Giving Services
- Social Advocacy Organizations
The Office of the Governor has designated the Department of Community and Economic Development as the repository for requests for waivers from the Governor’s directive. DCED and the Office of the Governor will review and respond to these requests as quickly as possible.
To request a waiver to keep your location open, PA businesses should submit this form. The DCED will communicate all decisions by email and “will balance public health, safety, and the security of our industry supply chains supporting life-sustaining businesses.”
Stay At Home Order
Effective March 23 at 8 P.M.., the Governor has issued Stay At Home orders to eight counties (Allegheny, Bucks, Erie, Chester, Delaware, Monroe, Montgomery, and Philadelphia). The order is effective through April 6, 2020, and permits individuals to leave their residence only to perform any of the following allowable individual activities and allowable essential travel:
- Tasks essential to maintain health and safety, or the health and safety of their family or household members (including pets), such as obtaining medicine or medical supplies, visiting a health care professional, or obtaining supplies they need to work from home
- Getting necessary services or supplies for themselves, for their family or household members, or as part of volunteer efforts, or to deliver those services or supplies to others to maintain the safety, sanitation, and essential operation of residences
- Engaging in outdoor activity, such as walking, hiking or running if they maintain social distancing
- To perform work providing essential products and services at a life-sustaining business
- To care for a family member or pet in another household
- Any travel related to the provision of or access to the above-mentioned individual activities or life-sustaining business activities
- Travel to care for elderly, minors, dependents, persons with disabilities, or other vulnerable persons
- Travel to or from educational institutions for purposes of receiving materials for distance learning, for receiving meals, and any other related services
- Travel to return to a place of residence from an outside jurisdiction
- Travel required by law enforcement or court order.
- Travel required for non-residents to return to their place of residence outside the commonwealth
State and Local Governments should use best judgment in exercising their authorities and issuing implementation directives and guidance. All such decisions should appropriately balance public health and safety while ensuring the continued delivery of critical services and functions. Government employees and contractors should continue to operate under the direction of their supervisors
[1] The list has been periodically updated, most recently on March 24 See https://www.scribd.com/document/452553026/UPDATED-2-30pm-March-24-2020-Industry-Operation-Guidance
[2] The order was originally slated to be enforced beginning March 19th, but was later updated. While businesses have been ordered to be closed since march 19, enforcement has begun march 24th See https://www.governor.pa.gov/newsroom/waiver-extension-revised-timing-of-enforcement-monday-march-23-at-800-am/
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