On April 3, 2020, Missouri Governor Mike Parson and the Missouri Department of Health and Human Services issued a joint “Stay at Home” Order to protect the public and prevent the further spread of COVID-19 (the “Order”), which includes all of the exceptions set forth in the U.S. Department of Homeland Security, Cyber-Security & Infrastructure Security Agency Guidance on the Essential Critical Infrastructure Workforce (the “Guidance”). The Order is effective from April 6, 2020 at 12:01 a.m. through April 24, 2020 at 11:59 p.m., unless extended by the Director. The Governor also issued Guidance and Frequently Asked Questions, which can be found here.
What Activities are Allowed? For individuals, the Order states that individuals residing in Missouri should avoid leaving their homes. When individuals must leave their homes to work, access food, prescriptions, health care or other necessities, or to engage in outdoor activities, they must practice social distancing.
The Order allows the operation of all businesses and performance of all work described in the Guidance which includes:
- Healthcare and Public Health businesses: including, but not limited to, workers who perform research and testing for COVID-19 response, hospital and laboratory personnel (including those workers performing accounting, administrative, admitting and discharge work), workers in medical and biomedical facilities, manufacturer workers for health manufacturing, public health/community health workers, blood and plasma donors and employees of organizations that operate and manage related activities, workers performing security, incident management, and emergency functions on behalf of healthcare entities, pharmacy employees, workers performing mortuary, funeral, cremation, burial and related services;
- Law Enforcement, Public Safety, and other First Responders: including, but not limited to, public, private and voluntary personnel (front line and management) in emergency management, law enforcement, fire and rescue services, air medical service providers, 911 call center employees, workers supporting the manufacture of safety equipment and uniforms for law enforcement, public safety and first responders, workers supporting operation of firearm or ammunition product manufacturers;
- Food and Agriculture: including, but not limited to, workers supporting groceries, pharmacies, convenience stores and other retail that sells human food, animal food and pet supply, and beverage products, restaurant carry-out delivery and quick serve food operations, food manufacturer employees and their supplier employees, farms and farm workers, employees and firms distributing food, feed, and beverages, workers supporting sanitation and pest control in food manufacturing, employees in cafeterias designed to feed employees;
- Energy: including, but not limited to, workers supporting the energy sector, regardless of the energy source, energy/commodity training, scheduling and marketing functions who cannot perform their duties remotely, providing services related to energy sector through renewable energy infrastructure, those working in the electricity industry, petroleum industry, natural gas, propane and other liquid fuels;
- Water and Wastewater: including, but not limited to employees needed to operate and maintain drinking water and wastewater drainage infrastructure such as operational staff at water authorities, operational staff at community water systems, workers repairing water and wastewater conveyances and performing sampling or monitoring;
- Transportation and Logistics: including, but not limited to, employees supporting or enabling transportation functions, including truck drivers, bus drivers, dispatchers, maintenance and repair technicians, warehouse workers, truck stop and rest area workers, Department of Motor Vehicle employees, towing and recovery services, roadside assistance workers, workers supporting the distribution of food, pharmaceuticals and other medical materials, employees of firms providing services, supplies or equipment that enable warehouse and operations, mass transit workers, and maritime transportation workers;
- Public Works and Infrastructure Support Services: including, but not limited to, workers who support the operation, inspection and maintenance of essential public works facilities and operations, workers such as plumbers, electricians, exterminators, builders, contractors, HVAC technicians, landscapers and other service workers that are necessary to maintaining the safety sanitation, and essential operations of residences, businesses and buildings;
- Communications and Information Technology: including communications workers and information technology workers;
- Other: Community or Government Based Essential Operations, Critical Manufacturing workers, Hazardous Materials workers, Financial Services Workers, Chemical workers, Defense Industrial base workers, Commercial facilities workers (meaning workers who support the supply chain of building materials from production through application/installation, including cabinetry, fixtures, doors, cement, hardware, plumbing, electrical, heating/cooling, refrigeration, appliances, paint/coating and who provide services to enable repair materials and equipment for essential functions, residential /shelter facilities and services, and hygiene products and services).
A complete list of the types of workers that are included as “Essential Infrastructure Workers” can be found here.
Other Provisions: All entities that employ individuals to perform essential worker functions that are engaged in retail sales to the public must limit the number of individuals in any particular retail location as follows:
(1) 25% or less of the entity’s authorized fire or building code occupancy, as set by local authorities for a retail location with square footage of less than 10,000 square feet; and (2) 10% or less of the entity’s authorized fire or building code occupancy, as set by local authorities, for a retail location with square footage of 10,000 square feet or more.
Social distancing must be followed in all circumstances and gatherings of more than ten people in a single space is prohibited. School shall remain closed. Eating in restaurants, bars, and food courts is prohibited; provided however, that use of drive-thru, pickup, or delivery options is allowed. No one is permitted to visit nursing homes, long-term care facilities, retirement homes or assisted living facilities unless necessary to provide critical assistance. All state office buildings are closed to the public (this provision does not apply to the State Capitol Building during meetings or proceedings of the General Assembly). The Order also states that it does not prohibit or restrict the lawful possession, transfer, sale, transportation, storage, display or use of firearms or ammunition during the declared state of emergency.
If you have any questions regarding this Alert, please contact the authors, Corey Franklin, cfranklin@fordharrison.com, and Karen Milner, kmilner@fordharrison.com, both attorneys in our St. Louis office. Of course, you may always contact the FordHarrison attorney with whom you usually work. Please click here for links to other mandates issued by states and major municipalities.
FordHarrison is closely monitoring the spread of Coronavirus and associated federal and state legislation and has implemented continuity plans, including the ability to work remotely in a technologically secure environment when necessary, to ensure continuity of our operations and uninterrupted service to our clients. We are following all CDC guidelines and state and local laws as applicable. We are committed to ensuring the health and welfare of our clients, employees, and communities while continuing to provide our clients with the highest quality service. Please see our dedicated Coronavirus Taskforce and Coronavirus – CARES Act pages for the latest FH Legal Alerts and webinars on Coronavirus and workplace-related provisions of the CARES Act, as well as links to governmental and industry-specific resources for employers to obtain additional information and guidance. For more information or to be connected with a Coronavirus Taskforce or CARES Act attorney, please contact clientservice@fordharrison.com.
