Twenty-Ninth Modification of the Declaration of a State of Emergency

The record

Jurisdiction

Delaware

Level

State

Authority

20 Del. C. ch. 31

Issued

2021-05-18 May 18, 2021

Effective

2021-05-21 8:00 a.m. E.D.T. (approved May 18, 2021 at 12:00 p.m.) (read as 2021-05-21)

End

2021-07-13 12:01 a.m. E.D.T. (terminated with the State of Emergency, DE-040); revised June 15, 2021 (DE-039) (read as 2021-07-13)

In force

May 21, 2021 to July 13, 2021

Quarters

2021 Q22021 Q3

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

Limitation types

Face-covering requirementSchools and child careHealth care ordersEvents and venuesCourts and public officesWorkplace rulesQuarantine and isolationOther

Addressees

• all individuals kindergarten and up (listed settings)
• all businesses re-opening or continuing operations
• public transportation, school buses, taxis, ride-sharing
• health-care facilities
• 16 Del. C. ch. 11 facilities
• licensed home care agencies
• State facilities
• correctional facilities and shelters
• child care homes, centers and schools
• bus transportation businesses
• youth and amateur sports
• landlords, lenders, utilities
• DHR

Functions reached

• HR/WF every employer bound to exclude diagnosed, suspected, symptomatic, isolated and quarantined employees and to keep flexible sick leave through July 12, 2021
• MASK transit riders and employees, health-care employees, patients and visitors, home-care-agency employees, State-facility visitors, child care and school occupants
• TR bus transportation at three-foot distancing
• SP/EV sports plan approvals
• RS/VS long-term-care screening and exclusion
• IC PPE guidance for hospitals, home health and personal assistance agencies
• PM/SV eviction and foreclosure stays
• OF State leave policies

Collection

Delaware DE

Operative words

The Twenty-Eighth Modification 'is hereby stricken in its entirety and substituted with the following provisions, which shall become effective May 21, 2021 at 8:00 a.m. E.D.T.' § E.2.ii: 'All individuals aged Kindergarten and up must wear a face covering, except where doing so would inhibit that individual's health, while in the following places: a. when they are an employee or rider on public transportation, or a school bus, paratransit vehicle, taxi, private car service, or ride-sharing vehicle; b. when they are an employee, patient, resident, or visitor at any healthcare facility, including, but not limited to, hospitals, medical clinics and offices, special care facilities, medical laboratories, dentists, pharmacies...; c. when they are an employee or visitor at a facility licensed under Chapter 11 of Title 16...; d. when they are an employee of a home care agency licensed under Section 122(3) of Title 16; e. when they are a visitor at any state owned or operated facility open to the public...; f. when they are an employee, resident, inmate, or visitor at any correctional or detention facility or a homeless shelter; or g. while they are an employee, student, or visitor inside any child care home, center, or school, except for meals, naps, or when doing so would inhibit the child's health.' § E.2.iii: 'Individuals aged Kindergarten and up are strongly encouraged to wear a face covering while visiting any indoor business or space open to the public.' § J.1: 'all individuals should promote social distancing... "Social Distancing Requirements" means: (1) maintaining at least three (3) feet social distancing.' § J.3 'RESPONSIBILITIES OF ALL BUSINESSES. Business operations for any business that is re-opening or continuing operations shall follow the coronavirus guidelines for public safety enumerated by the CDC and DPH, including: i. All employees, patrons, and visitors must wear face coverings in accordance with this Twenty-Ninth Modification and CDC guidelines and recommendations at all times.... ii. Businesses must make hand sanitizer or handwashing stations readily available for all employees, patrons, and visitors throughout the business' location, including at each entry and exit at a minimum.... iv. Implement flexible and non-punitive sick-leave policies... v. Exclude employees who (a) have been diagnosed with COVID-19, (b) are reasonably suspected to have COVID-19, or (c) have symptoms of COVID-19... Such employees shall stay home and not come to work until they are... free of fever... and any other symptoms of COVID-19 for at least twenty-four (24) hours... Symptomatic employees must not physically return to work until cleared by a medical professional.... vii. Prohibit employees who have been told they must be isolated or quarantined from on-premises work until isolation or quarantine status is discontinued by DPH. viii. Any employee that develops these signs or symptoms of COVID-19 on the job... must immediately stop working, put on a face covering, and self-isolate at home, or be transported to a medical facility if necessary.' § J.4.i: 'Businesses that provide bus transportation (excluding school transportation) are required to maintain three (3) feet social distancing between non-household riders.' § K: 'Tournaments are not permitted until plans for the tournaments are approved by DPH'; indoor sports 'must have a plan approved by DPH.' § G: facilities serving older adults 'must... Screen and restrict access'; 'Require any staff who has these signs or symptoms to not report to work.' § H.1: 'All hospitals, nursing and residential facilities, ambulatory health care services, home health agencies, and personal assistance service agencies in Delaware... shall comply with the Public Health Authority's guidance for the optimal use of Personal Protective Equipment.' § H.3: 'the staffing ratios required in 16 Del. C. § 1162 are hereby suspended.' § I.1: DHR 'authorized to extend existing or establish new COVID-19 leave policies for employees... until the termination of the State of Emergency or September 30, 2021, whichever occurs first.' § B: actions for summary possession 'shall be stayed to permit the Justice of the Peace Court to determine whether the parties would benefit from participating in court supervised mediation.' Enforcement: 'This Order has the force and effect of law. Any failure to comply... may constitute a criminal offense. 20 Del. C. §§ 3115 (b); 3116 (9); 3122; 3125.'

Enforcement

Notes