Yesterday, March 25, 2020, Governor Walz issued Executive Order 20-20. The order requires Minnesotans to stay at home while outlining critical infrastructure. The new order begins Friday, March 27th at 11:59 pm and extends through April 10th.
Minnesota residents must stay home (shelter-in-place) unless they meet guidelines set in the U. S. Department of Homeland Security’s CyberSecurity and Infrastructure Agency (CISA). These guidelines allow businesses to engage in work related activities as essential activities. The Construction industry falls under the CISA guidelines and attorneys who work with CAM members agree the order allows exterior specialty contractors to continue working. Activities and Critical Sector work for the construction industry are as follows:
Article 6. Section G. Public Works. This category is limited to public works workers listed in the CISA Guidance, in addition to construction material suppliers and workers providing services necessary to maintain construction material sources.
Article 6. Section I. ii. Other community-based government operations and essential functions. This category is limited to the other community-based and government essential functions listed in the CISA Guidance, in addition to workers who support the following functions and services: Housing, shelter, and homelessness-prevention staff of state and local agencies and organizations responsible for ensuring safe and stable housing, including workers from state and local agencies and organizations with responsibility for ensuring safe and stable housing; shelter outreach or drop-in center programs; financing affordable housing; and administering rent subsidies, homeless interventions, operating supports, and similar supports. This includes workers necessary to provide repairs, maintenance, and operations support to residential dwellings.
And, Article 6. Section 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.
Since the Governor put out Executive Order 20-20 there has been a lot of confusion with what parts of the construction sector understanding if they are essential due to a document on the Minnesota Department of Employee and Economic Development (DEED) webpage. DEED has updated its website to assist Minnesotans in following the guidelines for essential workers. The takeaway from the website is follow guidelines set forth in CISA and the Governor’s Executive Order 20-20.