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Ex. DUT-AK-016 Standing duty Primary source read

Alaska Essential Services and Critical Workforce Infrastructure Order (formerly Health Mandate 010 Attachment A), issued Mar. 27, 2020, amended Apr. 10 and May 5, 2020, secs. II.c-d, III, IV and V (cross-reference to Ex. AK-021; not re-saved)

Alaska Essential Services and Critical Workforce Infrastructure Order: mandatory closures; exemptions; social distancing requirements; federal guidance; penalty for noncompliance

Governor Mike Dunleavy; Commissioner Adam Crum, DHSS; Dr. Anne Zink, Chief Medical Officer · Alaska (State)

The COVID Project

The record

Jurisdiction
Alaska
Level
State
Authority
Public Health Disaster Emergency Declaration of Mar. 11, 2020 under AS 26.23.020 (recited); AS 26.23.020(b) and (g)(7) (DUT-AK-002)
Issued
2020-05-05 May 5, 2020
Effective
2020-03-28 5:00 p.m. (with Health Mandate 011) (read as 2020-03-28)
End
Closure and distancing conditions ended with Mandate 016 Phase III/IV, May 22, 2020 (Ex. AK-098 to AK-100); the plan-submission requirement for arriving and off-road workforces carried into Outbreak Health Order No. 5, Nov. 16, 2020 to Feb. 14, 2021 (Ex. AK-037) (read as 2020-05-22)
In force
Mar. 28, 2020 to May 22, 2020
Quarters
2020 Q2
Limitation types
Business closureTravel and quarantineWorkplace rulesOperating condition
Addressees
  • all businesses within Alaska ('any for-profit, non-profit, or educational entities'); exempted critical-infrastructure businesses; businesses with travelling workforces
Character
order operating condition
Collection
Standing duties: Alaska DUT-AK

Operative words

Businesses exempted from Section I are strongly encouraged to remain in operation. Such businesses shall, to the extent reasonably feasible, comply with social distancing requirements by maintaining six-foot social distancing for both employees and members of the public, including, but not limited to, when any customers are standing in line.

Penalty

Sec. V: 'A violation of a State COVID-19 Health Mandate may subject a business or organization to an order to cease operations and/or a civil fine of up to $1,000 per violation'; prosecution for reckless endangerment under AS 11.41.250 (class A misdemeanor; one year, AS 12.55.135; $25,000 for a person, $500,000 or $2,500,000 for a business organization, AS 12.55.035)

What it required

Continued operation of every exempted (critical-infrastructure) business was conditioned on compliance with the Social Distancing Requirements of sec. III (six feet, handwashing, covering coughs, 'regularly cleaning high-touch surfaces, and not shaking hands') by the verb 'shall, to the extent reasonably feasible'; businesses with workers travelling from out of State or between communities 'must submit a plan or protocol outlining procedures for avoiding the spread of COVID-19' (sec. II.c); sec. IV 'incorporates guidance' from CISA's Mar. 19, 2020 memorandum and from Treasury and Defense for the definition of the exempted workforce; sec. V recites the penalty.

Retrieval note

Verbs recorded exactly: 'strongly encouraged to remain in operation' (the election to stay open); 'shall, to the extent reasonably feasible, comply' (the condition on staying open); 'must submit' (plans); 'incorporates guidance' (CISA definition). The same penalty recital appears in Mandate 016 (Ex. AK-085) and Mandate 017 (Ex. AK-019 sec. b-c).