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05/01/2020

Ohio, Michigan and Kentucky Reopening Steps

Ohio State Press Conference Summary: 4/28 - 4/30

Thursday, 4/30: Governor DeWine announced that he intends to extend the stay-at-home order set to expire on Friday, May 1st. The new order will have exceptions for people to shop, exercise outside, and go to work. He did not give any dates for the extension duration. On Monday, May 4th, construction, manufacturing, and distributions centers will resume and offices can reopen.

Wednesday, 4/29: Governor DeWine announced that the state has shipped over 4 million pieces of PPE to local emergency management agencies across Ohio. He and Lt. Governor Husted reemphasized that face coverings are required for employers and employees while on the job. A list of exceptions to this order can be found here. If any of the exceptions apply to a business or employee, written justification must be provided upon request.

Tuesday, 4/28: Governor DeWine reversed the mandate of wearing masking or face coverings as part of the state’s reopening plans starting on May 1st. He reiterated that wearing masks remains a “strong recommendation” and is considered to be part of the best practices that businesses and consumers can follow as the state begins the reopen process. He also announced the creation of a coalition of workers, business owners, and others within the restaurant and salon/barber shop industries to address the challenges those industries face with mandated social distancing.

Ohio Governor Unveils Industry-Specific Protocols for "Responsible Restart Ohio" Amid the COVID-19 Crisis

Source: Eve I. Klein and Kathryn Brown, Duane Morris LLP, April 28, 2020

Provided by Gary Jones, SGIA

Governor DeWine encouraged employers to use a phased approach to returning employees to the workplace, with “high-risk employees” returning last. 

On April 27, 2020, Ohio Governor Mike DeWine announced statewide protocols for businesses to reopen in phases starting on May 1, 2020, the date when the current stay-at-home order for Ohio expires. In the press conference announcing the plans, Governor DeWine identified the following dates when operations that are not permitted under the current order may resume: (1) May 1 for elective medical procedures not requiring an overnight hospital stay; (2) May 4 for manufacturing, distribution and construction and office businesses; and (3) May 12 for consumer, retail and service businesses. 

In conjunction with the state’s industry-by-industry approach, Ohio released sector-specific requirements in order for (1) manufacturing, distribution and construction; (2) general office environments; and (3) consumer, retail and services businesses to resume operations. The governor also confirmed that certain business environments where close physical contact is harder to control, such as dine-in restaurants, fitness centers and hair salons, must stay closed until further notice. 

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Michigan State Press Conference Summary: 4/28 - 4/30

Governor Whitmer Signs New Executive Orders Extending Stay Home Date through May 28, 2020

On Thursday, after the Michigan Legislature refused to extend the emergency and disaster declaration that was set to expire at midnight, Governor Gretchen Whitmer took action by signing three new executive orders to continue fighting COVID-19 to save lives.

“COVID-19 is an enemy that has taken the lives of more Michiganders than we lost during the Vietnam War,” said Governor Whitmer. “While some members of the legislature might believe this crisis is over, common sense and all of the scientific data tells us we’re not out of the woods yet. By refusing to extend the emergency and disaster declaration, Republican lawmakers are putting their heads in the sand and putting more lives and livelihoods at risk. I’m not going to let that happen.”

“Today I signed new emergency and disaster declarations using independent sources of statutory authority to make sure our health care workers and first responders have the tools they need to save lives and protect Michiganders,” said Gov. Whitmer. “We’re all in this together. Defeating COVID-19 is an all hands on deck moment for our state, and I remain hopeful that Republicans in the legislature will stop the partisan games and start working with me to re-engage our economy safely and responsibly.”

These executive orders cite data that is set to validate the existence of an emergency and disaster across the State of Michigan. The pace of COVID-19 spread has showed signs of slowing but the virus remains aggressive and persistent. And while COVID-19 initially hit Southeast Michigan hardest, the spread is now increasing more quickly in other parts of the state. For instance, cases in some counties in Western and Northern Michigan are now doubling every 6 days or faster.

Thursday’s executive orders include:

· Executive Order 2020-66, which terminates the existing state of emergency and disaster declarations issued under the Emergency Management Act in Executive Order 2020-33.

· Executive Order 2020-67, which clarifies that a state of emergency remains in effect under the Emergency Powers of the Governor Act of 1945. The order is effective immediately and continues through May 28, 2020 at 11:59pm. The governor will evaluate the continuing need for this order prior to its expiration, and if she determines that an emergency no longer exists, will terminate or extend the state of emergency declared in this order.

· Executive Order 2020-68, which declares a state of emergency and a state of disaster across the State of Michigan under the Emergency Management Act of 1976. The state of emergency and state of disaster declared by this order will be effective through May 28, 2020 at 11:59pm, and the governor will evaluate the continuing need for the order prior to its expiration, terminate the states of emergency and disaster if the threat or danger has passed.

Senate Bill 858 passed the legislature on Thursday, but the governor does not intend to sign any bills that constrain her ability to protect the people of Michigan from this deadly virus in a timely manner. Gov. Whitmer is expected to veto this bill when presented to her.


Kentucky State Press Conference Summary: 4/28 - 4/30

Wednesday, April 29: The Governor unveiled a tentative reopening schedule for a variety of businesses allowed to resume operations. However, he cautioned that in all cases, it will not be business as usual and will require adherence to the 10 rules to reopening, along with industry specific requirements. As long as Kentucky keeps up the fight against the coronavirus with promising results, the following business sectors are in line to restart:

  • May 11 – Manufacturing, construction, vehicle and vessel dealerships, professional services (at 50% of pre-outbreak capacity), horse racing (without spectators), pet grooming and boarding
  • May 20 – Retail, houses of worship
  • May 25 – Social gatherings of no more than 10 people, barbers, salons, cosmetology businesses and similar services

The Governor said that a couple of industries and businesses are not quite ready to open, which include restaurants, gyms, movie theaters, campgrounds, youth sports, summer camps, day cares (except for essential health care workers) and public pools.

Tuesday, April 28: This week, Kentucky began the phased reopening of health care services as the first step under Gov. Beshear’s Healthy at Work initiative, which set out public health benchmarks for reopening Kentucky’s economy. The Governor unveiled a new, 10-point plan that aims to guide businesses as they prepare for a gradual reopening while continuing to keep all workers and patrons safe. He said the guidelines apply to most employers.

  • Continue telework where possible
  • Phased return to work
  • Onsite temperature/health checks
  • Universal masks and other necessary PPE
  • Close common areas
  • Enforce social distancing
  • Limit face-to-face meetings
  • Sanitizer/hand wash stations
  • Special accommodations
  • Testing plan

The Governor also noted that about 37,000 unemployment claims from March remain unprocessed. The Governor said a variety of issues were causing the delays, including employer separation and identity verification issues. “There have been significant steps taken, but we want to get through everything from March this week,” Gov. Beshear said.

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