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On March 30, 2020, Delaware Governor John Carney issued the Eighth Modification of the Declaration of the State of Emergency. The updated declaration includes a provision ordering that essential businesses deemed as “high-risk” by the Public Health Authority “shall screen every employee, visitor and member of the public upon entering” the business. High risk businesses as defined in the fourth modification of the Declaration of the State of Emergency to include:

  • “Health Care businesses that employ:
    • Caregivers
    • Hospital and laboratory personnel
    • Workers in other medical facilities
  • Any other workers or support staff related to the delivery of medical, dental, veterinary or other similar services
  • Necessary retail and service establishments
    • Educational institutions (K-12, if closed are low risk)
    • Residential facilities and shelters for seniors, adults or children
    • Childcare facilities
    • Chiropractic care facilities
    • Physical therapy facilities
  • Any facility licensed by the Division of Health Care Quality
  • Offices of Physicians
  • Offices of Dentists
  • Offices of Other Health Practitioners
  • Outpatient Care Centers
  • Medical and Diagnostic Laboratories
  • Home Health Care Services
  • Other Ambulatory Health Care Services
  • General Medical and Surgical Hospitals
  • Psychiatric and Substance Abuse Hospitals
  • Specialty (except Psychiatric and Substance Abuse) Hospitals
  • Nursing Care Facilities
  • Residential Care for persons with physical disabilities, Mental Health and Substance Abuse Facilities
  • Community Care Facilities for the Elderly
  • Other Residential Care Facilities
  • Individual and Family Services
  • Community Food and Housing, and Emergency and Other Relief Services – (6242)
  • Vocational Rehabilitation Services
  • Child Day Care Services
  • Elementary and Secondary Schools
  • Junior Colleges
  • Colleges, Universities, and Professional Schools
  • Business Schools and Computer and Management Training
  • Technical and Trade Schools
  • Other Schools and Instruction
  • Education Support Services”

The Division of Public Health’s of the Delaware Health and Social Services issued a screening guidance for these “high risk” businesses. In addition, Governor Carney and the Public Health Authority are strongly recommending that all essential businesses screen employees each day.

The March 30 eighth modification also provides that, “effective April 1, 2020 at 8:00 a.m. E.D.T., all state buildings and essential businesses shall display signage developed by the Public Health Authority that cautions individuals experiencing symptoms of COVID-19 not to enter their premises.

Governor Carney’s orders and guidance have been rapidly changing on a day-by-day basis.

Ogletree Deakins will continue to monitor and report on developments with respect to the COVID-19 pandemic and will post updates in the firm’s Coronavirus (COVID-19) Resource Center as additional information becomes available. Critical information for employers is also available via the firm’s webinar programs.

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