As expected, on April 9, 2020, Governor Gretchen Whitmer issued new Executive Order 2020-42 (“Revised Order”), which rescinded the prior Stay Home, Stay Safe Executive Order issued on March 23, 2020 (“Previous Order”). The Revised Order takes effect on April 9, 2020 at 11:59PM and continues through April 30, 2020 at 11:59PM.
The Revised Order further limits travel, references certain guidance as to defining critical infrastructure workers, places additional requirements on businesses remaining open including limiting goods that can be sold by retailers and implementing social distancing practices, and incorporates guidance issued under the Previous Order.
Critical Infrastructure Workers
When defining “critical infrastructure workers,” the Previous Order relied on the United States Department of Homeland Security’s Cybersecurity & Infrastructure Security Agency Director’s (CISA) Guidance. The Revised Order clearly adopts CISA’s March 19, 2020 Guidance, found here
, and excludes any subsequent guidance document released by CISA.
The Revised Order integrates additional guidance issued under the Previous Order and specifically states critical infrastructure workers include individuals at motor vehicle dealerships who are necessary to facilitate remote and electronic sales or leases, or to deliver motor vehicles to customers, provided that showrooms remain closed to in-person traffic. The Revised Order also now expressly states that critical infrastructure workers include repair stores and retail stores that sell, among other things, auto supplies.
Requirements for Continued Operations
The Revised Order requires businesses, operations and government agencies that continue in-person work to adhere to social distancing practices and measures. Specifically, businesses, operations and government agencies are required to: