The COVID Project
The record
- Jurisdiction
- West Virginia
- Level
- State
- Authority
- Office of the Governor, West Virginia Strong -- The Comeback, A Guide to Safely Reopening Larger Retail Stores (May 11, 2020)
- Issued
- 2020-05-11 May 11, 2020
- Effective
- 2020-05-21 (with EO 39-20's reopening of retail and malls) (read as 2020-05-21)
- End
- Capacity limits on retail lifted Mar. 6, 2021 (EO 8-21; Ex. WV-060); framework terminated Apr. 20, 2021 (EO 12-21; Ex. WV-063) (read as 2021-03-06)
- In force
- May 21, 2020 to Mar. 6, 2021
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q2
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Workplace rulesOperating conditionOther
- Addressees
- specified businesses: larger specialty retail stores reopened under EO 39-20 para. cc (retail and malls)
- Character
- guidance incorporated
- Collection
- Standing duties: West Virginia DUT-WV
Operative words
Failure to adhere to these guidelines may result in appropriate enforcement measures.... Create a social distancing plan to manage and reduce contact with consideration for the West Virginia DHHR limitation of 2 persons per 1000 square feet;... Screen all employees reporting to work daily and all those who enter the building for COVID-19 symptoms
Penalty
'appropriate enforcement measures'; EO 9-20 para. 7 enforcement
What it required
Recorded verb by verb: directive items in the imperative ('Develop and implement appropriate policies, in accordance with federal, state, and local regulations and guidance'; 'Control access points'; 'Screen all employees reporting to work daily and all those who enter the building'; 'Provide a place to wash hands'); recommended items ('Businesses are strongly encouraged to implement more stringent protocols'; touch points 'should be reduced'; 'entrance/exit doors should be sanitized routinely'; 'the employer should' establish occupancy limits 'with consideration for the limit of 2 persons per' 1,000 square feet); the guide states that it operates 'in addition to any and all relevant guidelines established by the West Virginia Department of Health and Human Resources as well as the Centers for Disease Control (CDC)'; and the consequence clause 'Failure to adhere to these guidelines may result in appropriate enforcement measures.'
Retrieval noteThe 'DHHR limitation of 2 persons per 1000 square feet' the guide recites is the occupancy condition EO 32-20 § 2 wrote into the small-business reopening (Ex. WV-026) and the hotspot orders directed local health departments to enforce 'on an individual-per-square-foot-basis' (Exs. WV-017 to WV-021).