Stay-at-Home Laws: How Do They Affect Aviation?
March 22, 2020 2 Comments
A number of states have issued “stay-at-home” orders in response to Covid-19. Generally these laws and executive orders require residents of the state to remain in their residences. They frequently allow residents to leave for jobs that are considered to be essential. This article is not meant to summarize all of the details of the orders; rather it provides links to the orders with a summary of the most relevant exceptions that apply to the aviation industry.
We have already provided some guidance on how to interpret such laws in an earlier article. Generally speaking, if your business is permitted to remain open then social distancing, enhanced sanitation practices and teleworking for personnel who can telework are expected.
The CISA standards have been updated to a 2.0 standard. These more explicitly define companies that are needed to support aviation as part of the federal critical infrastructure, including (for example) the following text:
Workers who support the operation, distribution, maintenance, and sanitation, of air transportation for cargo and passengers, including flight crews, maintenance, airport operations, those responsible for cleaning and disinfection, and other on-and off-airport facilities workers.
Essential businesses that remain open are encouraged to provide letters to their essential employees to verify their status. Such letters may need to be shared with law enforcement to justify transit during a “stay-at-home” executive order.
We will try to keep up with the changes to the best of our ability. Aviation industry members who notice changes are encourage to share those changes with us so we can update this table.
Updated as of 04/06/2020.
State | Order | Duration | Notes relevant to aviation |
Alabama | Stay-at-Home (4/3/2020) | 4/4 – 4/30 | Individuals may leave their residence for essential activities including support of the federal critical infrastructure sectors under the CISA standards (which includes aviation). Aviation infrastructure operations and aerospace/defense manufacturing are also explicitly called-out as essential activities.
Updated as of April 5, 2020 |
Alaska Anchorage |
EO-03 | 3/22 – 3/31 | The following Critical Businesses may operate (each of these bullets remains subject to other initiatives, like the closure of restaurants and the requirements for social distancing):
Updated as of 3/23/2020. |
California | EO N-33-20 | 3/19 – UFN | Individuals may leave their residence for necessary tasks to support federal critical infrastructure sectors under the CISA standards (which includes aviation)
Updated as of 3/22/2020. |
Colorado | D2020-13 | 3/22 – 4/10 | NOT a stay-at-home order, but except for exempt businesses, all businesses must reduce in-person employees by 50%. Exempt businesses are defined by CDPHE and include:
Updated as of 3/24/2020. |
Colorado, Denver |
Stay At Home | 3/24 – 4/10 | Individuals may leave their residences to work to provide any services or perform any work necessary to the operations and maintenance of Airports and passenger and cargo operations (“essential businesses”). This also includes businesses that supply other essential businesses with the support or supplies necessary to operate (see also Colorado). This should include the commercial aviation supply chain.
Updated as of 3/24/2020. |
Florida | EO 20-91 | 4/3-4/30 | Miami-Dade County, Broward County, Palm Beach County and Monroe County shall restrict public access to businesses and facilities deemed non-essential pursuant to the guidelines established by Miami-Dade County pursuant to its March 19, 2020 Emergency Order 07-20 as amended. Businesses covered under CISA standards are also essential (which includes aviation).
See Miami-Dade, below, for specifications. Clarified by EO 20-92 to supersede conflicting local ordinances Updated as of 4/5/2020. |
Florida, Miami-Dade County |
EO 07-20 | 3/19 – 4/9 | The following Essential Businesses may operate (each of these bullets remains subject to other initiatives, like the closure of restaurants and the requirements for social distancing):
Updated as of 4/5/2020. |
Florida, Broward County |
BCA EO 20-01 | 3/23 – UFN | The following Essential Businesses may operate (each of these bullets remains subject to other initiatives, like the closure of restaurants and the requirements for social distancing):
Updated as of 3/23/2020. |
Illinois | EO 20-10 | 3/21 – 4/07 | Individuals may leave their residence for essential services, including (but not limited to):
Updated as of 3/22/2020. |
Michigan | EO 20-21 | 3/21 – 4/13 or UFN (ambig.) | Individuals may leave their residence for necessary tasks to support federal critical infrastructure sectors under the CISA standards (which includes aviation). The individuals must be designated by their employers as critical infrastructure workers. A federal critical infrastructure sector business may also designate additional suppliers, distribution centers, and service providers necessary to support its operations.
Updated as of 4/05/2020. |
New Jersey | EO 107 | 3/21 – UFN | All businesses must accommodate telework, and to the extent telework is not feasible they must reduce staff-on-site to the minimal number necessary. Warehouse workers and repair workers are listed as examples of employees who must be on-site to do their jobs.
Updated as of 3/22/2020. |
New York | 202.6
“essential” guidance |
3/22 – 4/19 | Businesses must maximize telecommuting and 100% eliminate in-person workforce. Exceptions for “essential” businesses extend to:
Aviation manufacturing and repair are not explicitly included in the guidance; but other business may request an exemption from the state (right now this needs to be done on a business-by-business basis … we already examined whether we could apply for the whole aviation supply chain industry) Updated as of 3/22/2020. |
Ohio | DoH Order | 3/23 – 4/06 | Individuals may leave their residence for Essential Activities including to support federal critical infrastructure sectors under the CISA standards (which includes aviation)
Updated as of 3/22/2020. |
Texas | GA 08 | 3/20 – 4/3 | NOT a stay-at-home order; “This executive order does not mandate sheltering in place All critical infrastructure will remain operational, domestic travel will remain unrestricted, and government entities and businesses will continue providing essential services.” Aviation remains unrestricted.Updated as of 3/24/2020. |
Virginia | EO 53 (2020) | 3/23 – UFN | Closes non-essential retail businesses but should not affect aviation supply chain businesses.
Updated as of 3/23/2020. |
Washington | 20-13 | 3/16 – 3/31 | It appears that non-retail aviation businesses are currently permitted to operate (see proclamations). Gatherings are prohibited (with an exception for gatherings under 50 persons that have a plan for social distancing). Retail operations are prohibited (unless they have a plan for social distancing).
Updated as of 3/22/2020. |
Key to Abbreviations
UFN – Until Further Notice
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