{"id":"DUT-DE-009","kind":"duty","level":"state","jurisdiction":"Delaware","state":"DE","metro":"","industry":"","agency":"","eco":"","issuer":"Governor John C. Carney (Office of the Governor, with the Division of Small Business and the Division of Public Health)","authority":"Twenty-First Modification of the Declaration of a State of Emergency ¶¶ 1, 5 (Ex. DE-025) and Twenty-Seventh Modification § N.1 (Ex. DE-031), which require compliance with \u0027the Phase 2 Reopen Plan, or other applicable Division of Public Health (\u0022DPH\u0022) guidance\u0027; 20 Del. C. §§ 3115(b), 3116","instrument":"Delaware\u0027s Reopening, Phase 2 (June 15, 2020): General Guidance for Individuals and Businesses and Industry Guidance","title":"Delaware\u0027s Reopening: Phase 2, June 15, 2020 (Governor John Carney; de.gov/economy)","dateIssued":"2020-06-15","effective":"2020-06-15 8:00 a.m. (with the Twenty-First Modification)","end":"superseded in structure by the Twenty-Seventh Modification (Sept. 3, 2020), which continued the Phase 2 Reopen Plan by reference (Ex. DE-031 § N.1) until the capacity regime ended May 21, 2021 (Ex. DE-037)","startDate":"2020-06-15","endDate":"2021-06-30","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2"],"types":["COND","CAP","MASK","EMP","TELE"],"addressees":["employers; specified businesses (every industry listed in the Plan: restaurants, retail, arts and culture, casinos, hotels, exercise facilities, personal care, houses of worship, and others)"],"clause":"Businesses are responsible to follow the Responsibilities for all Businesses, set forth in the State of Emergency Order.... Employees who are symptomatic must not physically return to work until cleared by DPH.... Employers are encouraged to continue teleworking.","enforcement":"violation of the incorporating Modification: criminal offense under 20 Del. C. § 3125 (recited in Ex. DE-025 ¶ 8); DPH inspection, closure, occupancy restrictions and administrative penalties (Ex. DE-031 § A.5; Exs. DUT-DE-011, DUT-DE-014)","functions":[],"notes":"The Plan, incorporated by the Twenty-First and Twenty-Seventh Modifications as a condition of operating, states the mandatory business duties in the imperative (\u0027must be disinfected using an EPA-approved disinfectant every 15 minutes to 2 hours\u0027; \u0027Businesses must make hand sanitizer or handwashing stations readily available\u0027; \u0027Employers must post signs\u0027; \u0027strict social distancing must be observed\u0027; fixed-seating venues \u0027only 60% of patron seating may be occupied\u0027) and states the recommendations as recommendations (\u0027Employers are encouraged to continue teleworking\u0027; employees \u0027should perform a daily health check\u0027; \u0027Downtime should be given between shifts\u0027).","sourceUrl":"https://governor.delaware.gov/wp-content/uploads/sites/24/2020/06/Delaware-Economic-Reopening-PHASE-2.pdf","snapshot":"http://web.archive.org/web/20200614063139id_/https://governor.delaware.gov/wp-content/uploads/sites/24/2020/06/Delaware-Economic-Reopening-PHASE-2.pdf","fileExists":true,"fileBytes":9967555,"grade":"primary","character":"guidance_incorporated","description":"","collection":"DUT-DE","url":"/library/DUT-DE-009","exhibitUrl":"/exhibit/DUT-DE-009","citation":"Governor John C. Carney (Office of the Governor, with the Division of Small Business and the Division of Public Health), Delaware\u0027s Reopening, Phase 2 (June 15, 2020): General Guidance for Individuals and Businesses and Industry Guidance (Ex. DUT-DE-009)","stateName":"Delaware","related":["DE-031","DE-037","DE-025","DUT-DE-011","DUT-DE-014","DUT-DE-010","DUT-DE-016"]}