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Executive Orders: Who Can Be Open?

Executive Orders: Who Can Be Open?

Essential Business Workers Only May Travel

As of March 20, 2020, at 8 pm only Essential Business Workers may leave their homes to travel for work in NY State. All non-essential works must stay home. If you can work from home, you are required to, if your employer requires you to. If you cannot work from home, you are not allowed to report to your workplace in New York state, unless you are an essential worker. Essential services may operate at the level necessary to provide such service or function.

Restaurant Dining Rooms Closed – Takeout/Delivery Allowed

Who qualifies as an “Essential Business”?

“Essential Business” was defined in Executive Order 202.6 as follows:

Essential health care operations including research and laboratory services;

Essential infrastructure including utilities, telecommunication, airports and transportation infrastructure

Essential manufacturing, including food processing and pharmaceuticals

Essential retail including grocery stores and pharmacies

Essential services including trash collection, mail, and shipping services

News media

Banks and related financial institutions

Providers of basic necessities to economically disadvantaged populations; construction

Vendors of essential services necessary to maintain the safety, sanitation and essential operations of residences or other essential businesses

Vendors that provide essential services or products, including logistics and technology support

Child care and services needed to ensure the continuing operation of government agencies and provide for the health, safety and welfare of the public

Executive Order No. 202.6 issued March 18, 2020
https://www.governor.ny.gov/news/no-2026-continuing-temporary-suspension-and-modification-laws-relating-disaster-emergency

The term “Essential Business” is further defined by the Guidance of Empire State Development Corporation:

For purposes of Executive Order 202.6, “Essential Business,” means businesses operating in or as:

“Essential Business” was defined in Executive Order 202.6 as follows:

  • 1. Essential health care operations including

Research and laboratory services

Hospitals

Walk-in-care health clinics and facilities

Emergency veterinary, livestock services

Senior/elder care

Medical wholesale and distribution

Home health care workers or aides for the elderly

Doctor and emergency dental

Nursing homes, or residential health care facilities or congregate care facilities

Medical supplies and equipment manufacturers and providers

Licensed mental health providers

Licensed substance abuse treatment providers

Medical billing support personnel

  • 2. Essential infrastructure including

Public and private utilities including but not limited to power generation, fuel supply and transmission

Public water and wastewater

Telecommunications and data centers

Airports/airlines

Commercial shipping vessels/ports and seaports

Transportation infrastructure such as bus, rail, for-hire vehicles, garages

Hotels, and places of accommodation

  • 3. Essential manufacturing including

Food processing, manufacturing agents, including all foods and beverages

Chemicals

Medical equipment/instruments

Pharmaceuticals

Sanitary products including personal care products regulated by the Food and Drug Administration

Telecommunications

Microelectronics/semi-conductor

Food-producing agriculture/farms

Household paper products

Defense industry and the transportation infrastructure

  • 4. Essential retail including

Grocery stores including all food and beverage stores

Pharmacies

Convenience stores

Farmer’s markets

Gas stations

Restaurants/bars (but only for take-out/delivery)

Hardware, appliance and building material stores

Pet food

  • 5. Essential services including

Trash and recycling collection, processing and disposal

Mail and shipping services

Laundromats

Building cleaning and maintenance

Child care services

Automotive repair

Warehouse/distribution and fulfillment

Funeral homes, crematoriums and cemeteries

Storage for essential businesses

Maintenance for the infrastructure of the facility or to maintain or safeguard materials or products therein

Animal shelters/ and animal care

  • 6. News media
  • 7. Financial Institutions including

Banks or lending institution

Insurance

Payroll

Accounting

Services related to financial markets

  • 8. Providers of basic necessities to economically disadvantaged populations including

Food banks

Human services providers whose function includes the direct care of patients in state-licensed or funded voluntary programs; the care, protection, custody and oversight of individuals both in the community and in state-licensed residential facilities; those operating community shelters and other critical human services agencies providing direct care or support

Human services providers whose function includes the direct care of patients in state-licensed or funded voluntary programs; the care, protection, custody and oversight of individuals both in the community and in state-licensed residential facilities; those operating community shelters and other critical human services agencies providing direct care or support

  • 9. Construction including

Skilled trades such as electricians, plumbers

Other related construction firms and professionals for essential infrastructure or for emergency repair and safety purposes

  • 10. Defense

Defense and national security-related operations supporting the U.S. Government or a contractor to the US government

  • 11. Essential services necessary to maintain the safety, sanitation and essential operations of residences or other businesses including

Law enforcement, including corrections and community supervision

Fire prevention and response

Building code enforcement

Security

Emergency management and response, EMS and 911 dispatch

Building cleaners or janitors

General maintenance whether employed by the entity directly or a vendor

Automotive repair

Disinfection

Residential moving services

  • 12. Vendors that provide essential services or products, including logistics and technology support, child care and services including but not limited to:

Logistics

Technology support for online services

Child care programs and services

Government owned or leased buildings

Any personnel necessary for on-line or distance learning or classes delivered via remote means

ESsential government services

https://esd.ny.gov/guidance-executive-order-2026

If the function of your business is not listed above, but you believe that it is essential or it is an entity providing essential services or functions, you may request designation as an essential business. To request designation as an essential business, go to:
https://esd.ny.gov/content/request-designation-essential-business-purposes-executive-order-2026

As of March 19, 2020, all barbershops, hair salons, tattoo or piercing parlors and related personal care services including nail technicians, cosmetologists and estheticians, and the provision of electrolysis, laser hair removal services are closed to the public. These are not essential businesses.

March 19, 2019 Executive Order No. 202.7

https://www.governor.ny.gov/news/no-2027-continuing-temporary-suspension-and-modification-laws-relating-disaster-emergency