Minnesota “Stay At Home” Order
Minnesota Stay at Home Order Begins at 11:59 p.m. Friday through April 10
At 2:00 pm yesterday, Governor Walz issued an executive order that requires all persons currently living within the State of Minnesota to stay at home or in their place of residence except to engage in the Activities and Critical Sector work set forth in Paragraphs 5 and 6 of the attached “MN Emergency Executive Order 20-20 03.25.20.” This order is in effect Friday, March 27, 2020 at 11:59 pm through Friday, April 10, 2020 at 5:00 pm.
It appears that the Executive Order has identified farm and construction equipment dealers as essential businesses. However, we are actively seeking formal guidance from the Minnesota Executive Branch agencies.
CISA GUIDANCE
On March 23, 2020, the U.S. Department of Homeland Security issued “Guidance on the Essential Critical Infrastructure Workforce: Ensuring Community and National Resilience in COVID-19 Response” (“CISA Guidance”—attached to, and incorporated into, Executive Order 20-20). The CISA Guidance identifies workers who conduct a range of operations and services that are essential to continued critical infrastructure viability. This federal guidance provides a baseline for Minnesota’s efforts to ensure critical infrastructure and services are maintained while slowing the spread of COVID-19.
The farm equipment exemption on page 6 of the CISA Guidance states: “Employees engaged in the manufacture and maintenance of equipment and other infrastructure necessary to agricultural production and distribution.”
The construction equipment exemption on page 8 of the CISA Guidance states: “Employees who repair and maintain vehicles, aircraft, rail equipment, marine vessels, and the equipment and infrastructure that enables operations that encompass movement of cargo and passengers.”
MN EXECUTIVE ORDER 20-20
The Order states in paragraph 6. Exemptions – Critical Sectors. All workers who can work from home must do so. Workers in the following Critical Sectors, who are performing work that cannot be done at their home or residence through telework or virtual work and can be done only at a place of work outside of their home or residence, are exempted from the prohibition in paragraph 1 as set forth below. These critical services exemptions apply only to travel to and from an individual’s home or residence and place of work and an individual’s performance of work duties that cannot be done at their homes or residence. Travel may include transportation to and from child care or school settings as necessary to ensure the safe care of children. This list of Critical Sectors may be clarified, as deemed necessary by the Governor, to ensure the health, safety, and security of all Minnesotans. Clarifications will be available for public review at: http://mn.gov/deed/critical/
Other Critical Exempted Businesses include:
Page 5, c. Food and agriculture. This category is limited to food and agriculture workers listed in the CISA Guidance, including agricultural equipment repair services.
Page 8, x. Construction and critical trades. This category includes workers in the skilled trades such as electricians, plumbers, HVAC and elevator technicians, and other related construction of all kind. This category also includes exterminators, cleaning and janitorial staff for commercial and governmental properties, moving and relocation services, security staff, operating engineers, and all other service providers who provide services that are necessary to maintain the safety, sanitation, and essential operation of homes and residences and the Critical Sectors listed in this Executive Order.
Page 10, ii. Essential Supply Stores. This category is limited to workers at businesses that sell products, tools, materials, or supplies necessary for: (1) the Critical Sectors to continue their essential operations, (2) for workers to work from home, or (3) for the maintenance of the safety, sanitation, and essential operation of homes or residences.
The Executive Order states a person who willfully violates the Order is guilty of a misdemeanor and upon conviction must be punished by a fine not to exceed $1,000 or by imprisonment for not more than 90 days.
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