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Ex. DUT-WV-017 Standing duty Primary source read

Guidance for West Virginia Small Businesses (Week 2 of the Comeback), as updated July 8, 2020

Guidance for West Virginia Small Businesses: screening, sick employees, planning, training, cleaning, PPE, contact tracing, telework, occupancy and distancing

Office of Governor Jim Justice ('West Virginia Strong -- The Comeback') · West Virginia (State)

The COVID Project

The record

Jurisdiction
West Virginia
Level
State
Authority
Office of the Governor, West Virginia Strong -- The Comeback, Guidance for West Virginia Small Businesses (Apr. 28, 2020; updated July 8, 2020)
Issued
2020-04-28 Apr. 28, 2020
Effective
2020-05-04 (with EO 32-20 § 2); updated July 8, 2020 to recite EO 50-20 (read as 2020-05-04)
End
Framework terminated 12:01 a.m. Apr. 20, 2021 (EO 12-21; Ex. WV-063) (read as 2021-04-20)
In force
May 4, 2020 to Apr. 20, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitation types
Telework mandateWorkplace rulesOperating condition
Addressees
  • specified businesses: small businesses of ten or fewer employees reopened under EO 32-20 § 2; consulted by fitness centers under Ex. DUT-WV-019 ('should also consult the Guidance for West Virginia Small Businesses')
Character
recommendation only
Collection
Standing duties: West Virginia DUT-WV

Operative words

small businesses of ten or fewer employees should consider adopting rules and regulations... Per Executive Order 50-20, all individuals over the age of 9 are required to use face coverings... when in confined, indoor spaces... Require PPE, specifically face coverings and gloves to the maximum extent possible, for all employees who will interact with a customer.

Penalty

None stated in the document; enforcement of EO 32-20's conditions 'by State and local law enforcement and by state and local regulatory and/or licensing bodies' (EO 9-20 para. 7)

What it required

Recorded exactly: the document's own verbs are advisory ('should consider adopting rules and regulations'; 'Employers should consider the following guidelines'; 'the employer should consider additional precautionary measures'), listing daily symptom screening, removal of symptomatic employees, written policies on 'Social distancing and protective equipment; Temperature checks; Testing, isolating, and contact tracing; Sanitation,' cleaning 'at least every two hours,' contact tracing with notice to the local health department, telework 'to the greatest extent possible,' occupancy limits and PPE for customer-facing employees; its legal effect comes from EO 32-20 § 2, which let small businesses 'continue to operate, but must ensure that proper social distancing and hygiene practices are maintained, and must limit occupancy by the public... to no more than two (2) individual members of the public per 1,000 square feet' (Ex. WV-026), and from EO 50-20, whose face-covering requirement the document recites as 'required.'

Retrieval note

The Wayback capture of the Apr. 28, 2020 URL nearest the requested date is the July 8, 2020 revision (the file was updated in place); the exhibit was renamed to carry the revision date. The document distinguishes its own recommendations ('should') from the Governor's order ('required... pursuant to the Governor's Executive Order 50-20'), which is the distinction this record preserves.