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By Michael K. Erickson

On Sunday, March 29, 2020, Salt Lake County Mayor Jenny Wilson ordered county residents to “Stay Safe, Stay Home,” except to engage in essential activities and work to provide essential business, infrastructure, or governmental services.

This Advisory highlights the specific requirements for Salt Lake County businesses and nonprofit organizations, which became effective March 30, 2020.

All Businesses:

All businesses shall, to the greatest extent possible, utilize remote work technologies. No business may engage in door-to-door solicitation. All businesses shall comply with social distancing requirements to the greatest extent possible, including:

  • Maintaining a distance of at least six-feet from other individuals
  • Preventing employees and customers exhibiting COVID-19 symptoms from the workplace
  • Frequently washing hands with soap/water for at least twenty seconds or using hand sanitizer
  • Covering coughs and sneezes
  • No longer shaking hands
  • Allowing as many employees as possible to work from home
  • Implementing protections for elderly and other high-risk employees
  • Identifying employees with COVID-19 symptoms and sending them home immediately
  • Reinforcing key messages about staying home when sick, washing hands, and covering coughs/sneezes
  • Performing frequent and enhanced environmental cleaning of commonly touched surfaces
  • For businesses that serve the public, designating six-foot spacing to ensure social distancing
  • For businesses that must accept cash, checks, or credit cards, using cleansing measures between transactions
  • Having hand sanitizer readily available for employees and customers
  • Implementing separate hours of operation for elderly and other high-risk customers
  • Posting online whether a facility is open or how to contact a facility by remote means
  • All guidelines for businesses outlined at https://slco.org/health/COVID-19/business/

Mandatory Closures:

The following facilities shall be closed based on their inability to observe social distancing requirements:

  • Places of public amusement and activity, including amusement parks, carnivals, water parks, licensed public or private swimming pools, splash pads, aquariums, zoos, aviaries, museums, arcades, fairs, children’s play centers, playgrounds, bowling alleys, movie and other theaters, concert and music halls or venues, recreation centers, social clubs, and gym and fitness centers.
  • Salons and spas, including hair salons, barber shops, nails salons, day spas, electrolysis providers, waxing salons, eyebrow threading shops, tattoo parlors, body art establishments, massage establishments, and tanning facilities.

Essential Businesses:

“Essential Businesses and Operations are encouraged to remain open.” And individuals are authorized to leave their homes to perform work at essential businesses and operations. Essential businesses and operations include the following:

  • “Essential Healthcare and Public Health Operations” (these shall be broadly construed)
  • “Essential Human Services”
  • “Essential Infrastructure,” including public works construction, residential and commercial construction, airport operations, water, sewer, gas, electrical, oil refining, roads and highways, public transportation, solid waste collection and removal, internet, and telecommunications systems (essential infrastructure shall be broadly construed)
  • “Essential Government Functions”
  • Any business or worker identified in the Cybersecurity and Infrastructure Security (CISA) guidance
  • Stores that sell groceries and medicine
  • Food and beverage production, transport, and agriculture
  • Childcare centers abiding by the by the Utah Department of Health’s emergency conditions
  • Charitable and social services
  • Weddings and funeral services
  • Religious entities
  • Media—newspapers, television, radio, and other media services
  • Gas stations and businesses needed for transportation
  • Financial institutions and services
  • Hardware and supply stores
  • Critical trades
  • Mail, postage, logistics, deliver, and pick-up stores
  • Laundry services
  • Supplies to work from home
  • Supplies for essential businesses and operations and essential governmental functions
  • Transportation
  • Home-based care and services
  • Professional services, including legal, accounting, and real estate
  • Labor and employee organizations
  • Hotels and motels
  • Higher educational institutions

For a more detailed list, see Addendum A of the “Stay Safe, Stay Home” order.

Non-Essential Businesses:

Any business or organization not listed as an essential business or organization may nevertheless maintain “minimum basic operations,” which include providing security; necessary plant, equipment, or inventory maintenance; and payroll and employee benefits processing.

Enforcement:

The purpose of the order is to protect individuals’ health, not to hold them criminally liable. An initial violation of the order is punishable as a Class B Misdemeanor, and subsequent violations are punishable as Class A Misdemeanors. Prosecutors are encouraged to exercise discretion.

RQN’s Services:

If you have any questions regarding how Salt Lake County’s “Stay Safe, Stay Home” order impacts your company’s operations, you should consult legal counsel. Rick Thaler and Mike Erickson, both members of Ray Quinney & Nebeker’s COVID-19 Response Team, are assisting clients with (1) determining whether they are essential businesses and operations, (2) preparing memoranda that explain the basis for continuing operations, and (3) preparing letters to critical suppliers and vendors advising them of their vital role in maintaining essential supply chains. They would be happy to assist you with any questions you may have