Md. Exec. Order Grants Counties Power to Close Businesses

Dear WANADA Members,

Earlier this week, Gov. Larry Hogan of Maryland issued an executive order that empowers county health authorities to immediately shutter businesses that are deemed to be not in compliance with state and federal guidelines regarding  social distancing

Section II of the executive order is reproduced below in its entirety:

Delegation of Authority to County Health Officers. If an Authorized Health Official determines that a business, organization, establishment, facility, or construction site in his/her political subdivision (an "Unsafe Facility") is unable or unwilling to operate in a manner that does not pose an unreasonable risk of exacerbating the spread of COVID-19 (including, without limitation, as a result of non-compliance with Social Distancing Guidance), the Authorized Health Official is hereby authorized and  directed to issue such orders as may be necessary to:

a. require the Unsafe Facility to modify its operations to comply with Social Distancing Guidance; or
b. designate all or part of the Unsafe Facility as a zone in which the occupancy and use of buildings may be controlled, and prohibit or limit the movement of individuals and/or vehicles into, in, or from the Unsafe Facility, including without limitation, by closing the Unsafe Facility.

The state has already been aggressively monitoring businesses for compliance, and this executive order does not itself mark any change in the operating status of businesses; however, it does more explicitly empower county health authorities to mirror many of the state's enforcement initiatives. Governor Hogan also  announced yesterday  that the Baltimore-Washington region is an emerging "hot spot" for COVID-19, anticipating an increased uptick in potential cases over the coming weeks.

It is absolutely vital that our dealers on both sides of the Potomac River go above and beyond to ensure that they are conducting repair services and sales functions in a way that keeps customers and employees as safe as possible. As we have mentioned for weeks now, the ability to continue operating during this pandemic is a privilege and should be treated as such. Please continue keeping detailed records of the ways you are complying with all state and local directives around workplace safety.

Please also refer to the Occupational Safety and Health Administration's poster for recommendations on how to keep your workplace safe. Both Maryland and Virginia's stay-at-home orders contain more stringent guidelines than these federal recommendations do, so please continue being mindful that you are keeping your businesses safe for your workers and customers at all times.

Please feel free to reach out to me or Joe Koch ([email protected]) at any time if you have any questions. And as always, you may find links to all of the information contained within this letter, and much more, on WANADA's COVID-19 Information Library. Thank you for your vigilant commitment to safety during this difficult time.

Sincerely,
  
John O'Donnell
WANADA President and CEO