The COVID Project
The record
- Jurisdiction
- Minnesota
- Level
- State
- Authority
- EO 20-40 ¶ 6, EO 20-48, EO 20-56 ¶ 7.e, EO 20-74 ¶ 7.e, EO 20-99 ¶ 7.d, EO 21-11, EO 21-21 ¶ 13 (Minn. Stat. §§ 12.21, 12.32); Minn. Stat. ch. 182
- Issued
- 2020-07-29 July 29, 2020
- Effective
- 2020-06-29 (every Critical and Non-Critical business required to have a Plan implementing the guidance, EO 20-74 ¶ 7.d.i) (read as 2020-06-29)
- End
- 2021-06-30 11:59 p.m. (all-business Plan requirement rescinded with EO 21-11 by EO 21-21 ¶ 2 and the emergency termination, Ex. MN-038, MN-041) (read as 2021-06-30)
- In force
- June 29, 2020 to June 30, 2021
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q2
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Telework mandateFace-covering requirementWorkplace rulesOperating condition
- Addressees
- employers (all businesses, Critical and Non-Critical, and Places of Public Accommodation)
- Character
- guidance incorporated
- Collection
- Standing duties: Minnesota DUT-MN
Operative words
As required by executive orders issued by Gov. Tim Walz under the Peacetime Emergency, all businesses must develop and implement COVID-19 Preparedness Plans that addresses the hazards of COVID-19 transmission. Unless clearly indicated that an action included in the guidance is recommended, businesses should understand that the action is required if applicable to their business.
Penalty
Through the incorporating orders: § 12.45 misdemeanor; EO 20-99 gross misdemeanor and § 8.31 civil penalties up to $25,000 per occurrence; DLI 'citations, civil penalties, or closure orders' (EO 20-40 ¶ 8, EO 20-81 ¶ 17, EO 21-11 ¶ 7.b); § 182.666 fines.
What it required
As the guidance every Plan had to implement, it required a designated Plan administrator, posting and training, health screening of every worker ('A health screening must be conducted'), sending symptomatic workers home ('they must also be sent home immediately'), 'WORKERS MUST BE AT LEAST SIX FEET APART', 'Workers who are able to work from home must work from home', barriers where distancing was impossible, and 'Require workers to wear a face covering as required by Executive Order', while marking optional items under the heading 'Recommendations'.
Retrieval noteThe document states the rule of construction that decides the voluntariness question for Minnesota: an action not 'clearly indicated' as recommended 'is required'; 'to the extent possible' items are 'required but only to the extent it is possible'. Its recommendations (e.g., vulnerable workers 'should be encouraged to self-identify') are recorded as recommendations.