Executive Order 2020-42 FAQs (No longer effective)

Executive Order 2020-42 FAQs (No longer effective)

The most up-to-date guidance on these and other mitigation strategies is available at Michigan.gov/Coronavirus.

This matter is rapidly evolving and MDHHS may provide updated guidance.

Executive Order, 2020-42

Temporary requirement to suspend activities that are not necessary to sustain or protect life - Rescission of Executive Order 2020-21​

Q: Are in-person collection activities such as repossession included in the definition of financial services for the purposes of Executive Order 2020-42?

A: No.

Q: Are funerals allowed under Executive Order 2020-42?

A: Yes. Under the order people may leave their home to attend a funeral, provided that no more than 10 people are in attendance at the funeral. This applies to all funeral-related activities.

Q: Does Executive Order 2020-42 restrict the exercise of tribal treaty rights?

A: No. Executive Order 2020-42 does not restrict activities by tribal members to exercise their federal treaty rights within the boundaries of their treaty territory (also known as “ceded territory”). These activities may be subject to restrictions imposed by tribal authorities.

Q: Does Executive Order 2020-42 prohibit buying an American flag?

A: No. While the order places certain limits on how goods are sold, it does not ban Michiganders from buying any item, including flags.

Q: Does Executive Order 2020-42 ban the purchasing of car seats for children?

A: No. Car seats may be available for purchase.

Q: Are stores prohibited from advertising under Executive Order 2020-42?

A: Restrictions on advertising only apply to stores with square footage of 50,000 or more. If a store falls within this category then they must narrow their advertising and promotion of goods to groceries or medical supplies, and items necessary to maintain the safety, sanitation, and basic operations of residences. A store subject to advertising limitations may still promote general awareness of the store’s brand

Q: Does traveling to and attending a religious service in a parking lot of a place of religious worship with congregants remaining in their own vehicles constitute using a place of worship for religious worship under section 13 of the order?

A: Yes.

Q: Can vehicles under an existing contract be delivered to police departments?

Yes. Under the revised executive order, workers at auto dealerships are allowed to leave the home for work as necessary to facilitate remote transactions and to deliver cars to customers. Under the order, all work must be carried out remotely to the greatest extent possible, and any in-person work that is permitted must be done in accordance with the mitigation measures required under section 10 of the order.

Q: Does Executive Order 2020-42 prohibit persons from engaging in outdoor activities that are protected by the First Amendment to the United States Constitution?

A: No. Persons may engage in expressive activities protected by the First Amendment within the State of Michigan, but must adhere to social distancing measures recommended by the Centers for Disease Control and Prevention, including remaining at least six feet from people from outside the person’s household.

Q: If a business employs critical infrastructure workers, can the business conduct both its critical infrastructure and non-critical infrastructure operations?

A: Under the order, a business cannot require workers to leave their homes unless the workers are “necessary to sustain or protect life or to conduct minimum basic operations.”

Workers considered necessary to sustain or protect life are those who meet the definition of “critical infrastructure workers” provided in sections 8 and 9 of the order. Only workers properly designated for these purposes can be on-site. All other in-person business operations must be suspended. In determining whether certain in-person operations are permitted under the order, businesses that offer goods and services must bear in mind that, under the order, individuals are only allowed to leave their homes to secure necessary services or supplies, such as food, medication, and products necessary to maintain the safety, sanitation, and basic operation of their residences. Businesses must tailor their in-person provision of goods and services accordingly, and must abide by any further restrictions required under section 11 of the order.

The order does not prohibit or suspend work that can be performed remotely. All work under the order must be performed remotely to the greatest extent possible, and any in-person work must be done in accordance with the mitigation measures required under section 10 of the order.

Q: Are manufacturing workers considered critical infrastructure?

A: Under the order, a business or operation cannot require workers to leave their homes unless the workers are “necessary to sustain or protect life or to conduct minimum basic operations.” Workers considered necessary to sustain or protect life are those who meet the definition of “critical infrastructure workers” as defined under sections 8 and 9 of the order. In-person work that does not meet these criteria must be suspended.

Guidance as to what qualifies as critical infrastructure can be found here: https://www.michigan.gov/coronavirus/0,9753,7-406-98178_98737---,00.html

Workers considered necessary to conduct minimum basic operations are those whose in-person presence is strictly necessary to:

Maintain the value of inventory and equipment

Care for animals Ensure security Process transactions (including payroll and employee benefits)

Facilitate the ability of other workers to work remotely

All work under the order must be performed remotely to the greatest extent possible, and any in-person work must be done in accordance with the mitigation measures required under section 10 of the order.

Q: May a company that performs oil changes and other routine automotive maintenance services provide those services in person to the public?

A. Yes. Workers that provide auto repair and maintenance services constitute critical infrastructure workers and may perform that work in person as needed. All work under the order must be performed remotely to the greatest extent possible, and any in-person work must be done in accordance with the mitigation measures required under section 10 of the order.

Q: Can security companies and security guards continue to operate?

A: Under the order, workers are permitted to leave their home for work if their in-person presence is strictly necessary to conduct the minimum basic operations of a business under section 4(b) of the order, which includes ensuring security. Some security workers may also constitute critical infrastructure workers under section 8 or section 9(b) of the order. Security workers who have been properly designated for in-person work under any of these criteria may leave their home to perform that work as needed. All work under the order must be performed remotely to the greatest extent possible, and any in-person work must be done in accordance with the mitigation measures required under section 10 of the order.

Q: Can law firms, attorney offices and legal aid clinics continue in-person activities?

A: Generally, no. Attorneys do not constitute “critical infrastructure workers” and thus may not leave their homes for work unless, under section 9(d) of the order, they are “provid[ing] food, shelter, and other necessities of life for economically disadvantaged or otherwise needy individuals, individuals who need assistance as a result of this emergency, and people with disabilities.” This is a tightly circumscribed category that captures only work that must be carried out in person and is absolutely necessary to assist those with a genuine and emergent need. All work under the order must be performed remotely to the greatest extent possible, and any in-person work must be done in accordance with the mitigation measures required under section 10 of the order.

Q: May campgrounds remain open for public use under Executive Order 2020-42?

A: In general, no. Recreational camping at campgrounds who rent to individuals who otherwise have a primary residence and are traveling to the campground for non-COVID-19-related purposes are not permitted under this order. However, in some limited cases, workers at campgrounds may be critical infrastructure workers to the extent they “provide temporary or permanent housing for… shelter ... for ... otherwise needy individuals.” For purposes of the order, the term “otherwise needy individuals” includes anyone residing in a campground at the time the order was issued or anyone seeking shelter during the current pandemic. They may also remain open to the extent they are used for COVID-19 mitigation and containment efforts and to serve critical infrastructure workers.

If a licensed campground serves in the above capacity, it may only engage in activities to provide shelter and basic needs. In engaging in those activities, it must limit guest-to-guest, guest-to-staff, and staff-to-staff interactions as much as possible and must adopt all other mitigation measures required by section 10 of the order. It may not provide additional on-site amenities such as gyms, pools, spas, entertainment facilities, meetings rooms, or like facilities, or provide in-house dining.

Q: Is bottle return an essential service?

A: Although bottle return services are often located within grocery and convenience stores, they are not considered critical infrastructure. There will be no change in the deposit collected at the time of purchase during this temporary suspension of bottle return services.

Q: Does in-person work that is essential to sustain or protect human life also include in-person work to prevent severe psychological harm?

A: Yes

Q: Are automotive dealership workers considered critical infrastructure under Executive Order 2020-42?

A: Under Executive Order 2020-42, showrooms of automotive dealerships are closed, but the automotive repair and maintenance components of a dealership can remain open for in-person work. Additionally, workers at auto dealerships who are necessary to facilitate remote and electronic sales or leases, or to deliver automobiles to customers are permitted. All work under the order must be performed remotely to the greatest extent possible, and any in-person work must be done in accordance with the mitigation measures required under section 10 of the order.

Q: Are childcare workers considered critical infrastructure employees?

A: Childcare workers are considered critical infrastructure workers but only to the extent necessary to serve the children or dependents of workers required to perform in-person work as permitted under the order. This includes serving the children or dependents of critical infrastructure workers who are able to perform their work remotely.

Q: How does this order impact custody agreements / how does this order impact parent’s visits with their children placed in foster care?

A: Individuals may also travel as required by law enforcement or a court order, including the transportation of children pursuant to a Friend of the Court custody agreement under section 7 (b) (4) of this order. Court ordered parent child visits related to a child custody arrangement continue but these visits need not always be in person. Alternatives including telephone and videoconference are acceptable.

Visits between a child and parent while a child resides in foster care are limited to telephone and videoconference or other technology. Limited exceptions can be made if there is risk of severe psychological harm. Exceptions must be approved by the Executive Director of the Children’s Services Agency. In person visits at a Child Caring Institution need not occur unless a court order requires in-person contact to occur and if it can be safely facilitated.

Q: Are bicycle shop employees considered critical infrastructure for purposes of Executive Order 2020-42?

A: In general, no. Workers at bicycle repair shops can be designated as critical infrastructure workers only if they provide maintenance for bicycles that other critical infrastructure workers use to get to their jobs. We expect that this condition will be satisfied very rarely.

Q: Are people who repair homes considered critical infrastructure employees for the purposes of Executive Order 2020-42?

Under the order, critical infrastructure workers include workers “who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences.” Accordingly, workers may be designated to perform in-person work that is necessary to maintain the safety, sanitation, and essential operations of a residence during the emergency, including work immediately necessary to restore the habitability of a residence. Any non-emergency maintenance or improvements to residences are not permitted. All in-person work permitted under the order must be done in accordance with the mitigation measures required under section 10 of the order.

Q: Are hotels and motels to remain open Executive Order 2020-42?

A: Hotels and motels may remain open, but they may only engage in activities providing shelter and basic needs (such as carry-out/delivery/room-service food). In engaging in those activities, they must limit guest-to-guest, guest-to-staff, and staff-to-staff interactions as much as possible and must adopt all other mitigation measures required by section 10 of the order. They may not provide additional in-house amenities such as gyms, pools, spas, entertainment faculties, meetings rooms or like facilities, or provide in-house dining. Hotels and motels may also remain open to the extent they are used for COVID-19 mitigation and containment efforts and to serve critical infrastructure workers.

Q: Under the Stay Home, Stay Safe EO, can school districts continue to provide food service for students?

A: Gov. Whitmer is committed to ensuring that Michigan students have access to the food they need during the COVID-19 pandemic. Under the governor's executive order, K-12 school food services are considered critical infrastructure and should continue.

Q: Are real estate agents, brokers, and real estate service employees considered critical infrastructure workers under 2020-42?

A: These workers do not constitute “critical infrastructure workers” and thus may not leave their homes for work unless, under section 9(d) of the order, they are “provid[ing] food, shelter, and other necessities of life for economically disadvantaged or otherwise needy individuals, individuals who need assistance as a result of this emergency, and people with disabilities.” This is a tightly circumscribed category that captures only work that must be carried out in person and is absolutely necessary to assist those with a genuine and emergent need, such as an immediate lack of shelter. All work must be carried out remotely to the greatest extent possible, and any in-person work permitted under the order must be done in accordance with the mitigation measures required under section 10 of the order.

Q: Do I need to carry credentials or any paperwork that indicates I’ve been designated a critical infrastructure employee or to travel to and from my home or residence?

A: No, there is not a requirement under Executive Order 2020-42 to carry credentials or paperwork with you under any circumstance.

Q: Are laundromat / coin laundry employees considered critical infrastructure employees for the purposes of Executive Order 2020-42?

A: Yes, these employees constitute critical infrastructure workers and they may be designated to leave their homes for work if their in-person presence is necessary to that work. Under the order, all work must be carried out remotely to the greatest extent possible, and any in-person work that is permitted must be done in accordance with the mitigation measures required under section 10 of the order..

Q: Is construction allowed under the executive order?

A: Some limited forms of construction are permissible, including construction to maintain and improve roads, bridges, telecommunications infrastructure, and public health infrastructure (such as the creation or expansion of hospitals or other medical facilities to provide or support the provision of necessary care during the emergency). Construction workers may also undertake projects that are necessary to maintain the safety, sanitation, and essential operations of a residence during the emergency, including projects immediately necessary to restore the habitability of a residence. Any non-emergency maintenance or improvements to residences are not permitted. In addition, a business may designate a construction firm under section 9(b) of the order to provide necessary support to the work of that business’s critical infrastructure workers.

Construction projects that do not meet these criteria cannot be started or progressed while the order is in effect. This includes any such projects that were already underway at the time the order was issued. For those projects, workers are permitted on site only to carry out “minimum basic operations” under section 4(b) of the order. This work is limited to in-person tasks that are strictly necessary to preserve the current condition of the project while the order is in effect, such as putting in place temporary security andweatherization measures. All other in-person work on the project must cease until the restrictions of the order are lifted and normal operations resume.

All in-person construction work must be done in accordance with the mitigation measures required under section 10 of the order.

Q: May landscaping, lawncare, tree service, irrigation, and related outdoor maintenance companies operate under this order?

A: In nearly all cases, no. A business cannot designate workers to perform these services unless the service is necessary to maintain the safety, sanitation, and essential operations of a residence. This is a narrow exception that only permits in-person work that is strictly necessary to address a circumstance that immediately and genuinely impairs the habitability of a home during the emergency; the exception will be satisfied, at most, rarely. Routine concerns, such as about longer grass increasing insects, pests, or allergies, do not qualify. Nor can workers leave the home to perform these services at business facilities: the exception applies only to residences. Any necessary in-person work that is permitted under the order must be done in accordance with the mitigation measures required under section 10 of the order. The order does not prohibit homeowners from tending to their own yards as they see fit.

Q: Can hardware stores remain open?

A: Yes. Workers at hardware stores are considered part of the critical infrastructure workforce. Under the order, all work must be carried out remotely to the greatest extent possible, and any in-person work that is permitted must be done in accordance with the mitigation measures required under section 10 of the order. Stores must also adhere to the additional requirements imposed by section 11 of the order.

Q: Are golf courses allowed to stay open?

A: No. While EO 2020-42 contemplates outdoor activity, opening a golf course to the public does not fall under the designation of critical infrastructure. Consequently, a golf course may not designate employees as critical infrastructure workers and authorize them come to work for that purpose. Golf courses may designate workers whose in-person presence is strictly necessary to conduct minimum basic operations, such as ensuring security. Minimum basic operations do not include serving the public. Under the order, all work must be carried out remotely to the greatest extent possible, and any in-person work that is permitted must be done in accordance with the mitigation measures required under section 10 of the order.

Q: Are tobacco shops, cigar bars, vape shops, and hookah lounges able to stay open to the public under EO 2020-42?

A: No, employees at these businesses are not critical infrastructure workers, and they may not be designated to leave their homes to provide goods or services to the public. As needed, however, a business may designate workers to leave their homes for work if their in-person presence is strictly necessary to conduct the minimum basic operations listed in section 4(b) of the order. Minimum basic operations do not include serving members of the public. Under the order, all work must be carried out remotely to the greatest extent possible, and any in-person work that is permitted must be done in accordance with the mitigation measures required under section 10 of the order.

Q: May members of the media continue to have access to the station to relay news?

A: Yes. Employees responsible for disseminating news are “critical infrastructure workers,” as indicated in section 8(h) of the order, and they may be designated to leave their homes for that work as needed. Under the order, all work must be carried out remotely to the greatest extent possible, and any in-person work that is permitted must be done in accordance with the mitigation measures required under section 10 of the order.

Q: Are employees of pest control companies considered critical infrastructure workers for the purposes of Executive Order 2020-42?

A: Employees of pest control companies may be considered critical infrastructure workers if the pest control project is necessary to maintain the safety, sanitation, and essential operations of a residence. Under the order, all work must be carried out remotely to the greatest extent possible, and any in-person work that is permitted must be done in accordance with the mitigation measures required under section 10 of the order.

Q: Can hunting, shooting or target sports facilities/clubs continue to be open to the public?

A: No. A business or entity cannot require workers to leave their residence unless the worker is “necessary to sustain or protect life or to conduct minimum basic operations.” Whether indoor or outdoor in nature, employees of these types of facilities are not considered critical infrastructure. As needed, however, management may designate workers to leave their homes for work if their in-person presence is strictly necessary to conduct the minimum basic operations listed in section 4(b) of the order. Minimum basic operations do not include serving members of the public. Under the order, all work must be carried out remotely to the greatest extent possible, and any in-person work that is permitted must be done in accordance with the mitigation measures required under section 10 of the order.

Q: Are car wash employees considered critical infrastructure employees?

A: No, car washes or car detailing businesses do not employ critical infrastructure workers, and so they may not designate workers to leave their homes to provide car washing or car detailing services. As needed, however, a business may designate workers to leave their homes for work if their in-person presence is strictly necessary to conduct the minimum basic operations listed in section 4(b) of the order. Minimum basic operations do not include serving members of the public. Under the order, all work must be carried out remotely to the greatest extent possible, and any in-person work that is permitted must be done in accordance with the mitigation measures required under section 10 of the order.

Q: Can pool or spa stores remain open to the public?

A: No, employees at these businesses are not critical infrastructure workers, and they may not be designated to leave their homes to provide goods or services to the public. As needed, however, a business may designate workers to leave their homes for work if their in-person presence is strictly necessary to conduct the minimum basic operations listed in section 4(b) of the order. Minimum basic operations do not include serving members of the public. Under the order, all work must be carried out remotely to the greatest extent possible, and any in-person work that is permitted must be done in accordance with the mitigation measures required under section 10 of the order.

Q: Are massage spas allowed to be open to serve members of the public under the Executive Order?

A: No, employees at these businesses are not critical infrastructure workers, and they may not be designated to leave their homes to provide goods or services to the public. As needed, however, a business may designate workers to leave their homes for work if their in-person presence is strictly necessary to conduct the minimum basic operations listed in section 4(b) of the order. Minimum basic operations do not include serving members of the public. Under the order, all work must be carried out remotely to the greatest extent possible, and any in-person work that is permitted must be done in accordance with the mitigation measures required under section 10 of the order.

Q: Are furniture delivery workers considered critical infrastructure under EO 2020-42?

A: No, in nearly all cases. The delivery of furniture does not constitute critical infrastructure work, unless the furniture is necessary to maintain the safety, sanitation, or basic operation of a residence. These are narrow criteria which the delivery of furniture will rarely, if ever, meet.

Under the order, all work must be carried out remotely to the greatest extent possible, and any in-person work that is permitted must be done in accordance with the mitigation measures required under section 10 of the order.

Q: May craft/hobby stores continue to remain open to the public?

A: No, in nearly all cases. Under the order, critical infrastructure workers include workers at stores that provide products necessary to maintain the safety, sanitation, and basic operation of residences. Items used for crafts or hobbies are generally not considered necessary to maintain the safety, sanitation, and basic operation of residences under the order, and workers are not permitted to leave their homes to provide those goods to the public. If a store happens to carry items that fall within this narrow category, it may continue to offer those items to the public in a manner consistent with sections 10 and 11 of the order. This circumstance is expected to arise, at most, rarely.

Q: Do businesses or operations who employ critical infrastructure workers still need to designate suppliers, distribution centers, or service providers in order to keep them in operation?

A: No. Suppliers, distribution centers, and service providers that are necessary to critical infrastructure work can now designate their own workers as critical infrastructure workers. They may do so, however, only to the extent necessary to support critical infrastructure work up the supply chain. If a worker is not needed in person to support such work, he or she may not be designated.

Q: Does boating constitute “outdoor activity” under the new executive order?

A: Physical outdoor activity like kayaking, canoeing, and sailing is permitted under the order, but using a motorboat, a jet ski, or other similar watercraft is not. Any outdoor activity permitted under the order, including boating, must be done in a manner consistent with social distancing, and individuals should use only their own equipment to prevent the transmission of the virus through the touching of shared surfaces. Additionally, in accordance with section 2 of the order, persons not part of a single household may not boat together.

While some boating is permitted under the order, the provision of boating services or supplies does not itself constitute critical infrastructure work, and businesses and operations may not designate workers to come to work for that purpose. As needed, these businesses and operations may designate workers to leave their home for work if their in-person presence is strictly necessary to conduct the minimum basic operations listed in section 4(b) of the order. Minimum basic operations do not include serving members of the public. The order, however, does permit in-person work necessary to maintain the safety and sanitation of sites otherwise open to the public for outdoor physical activity permitted under the order. All in-person work permitted under the order must be done in accordance with the mitigation measures listed in section 10 of the order.

Q: Do employees of sporting goods stores and outdoor recreation stores constitute critical infrastructure workers?

A: No. While individuals are permitted to leave their homes to engage in outdoor physical activity, the provision of goods and supplies related to such activity is not critical infrastructure work, and individuals may not be designated to leave their homes to perform that work. As needed, however, a business may designate workers to leave their homes for work if their in-person presence is strictly necessary to conduct the minimum basic operations listed in section 4(b) of the order. Minimum basic operations do not include serving members of the public. Under the order, all work must be carried out remotely to the greatest extent possible, and any in-person work that is permitted must be done in accordance with the mitigation measures required under section 10 of the order.