Update on Manufacturing Provisions in the Stay-at-Home Order
The IMA received a draft copy of the Governor’s Executive Order from multiple sources this morning. As the IMA reported yesterday following the Governor’s daily press conference, he plans to sign a new Executive Order next week that will extend they “stay-at-home” order for an additional 30 days through the end of May while also making additional changes, some of which impact manufacturing. Please consider that this is a draft and will not be final until signed by the Governor so it could change.

Based on the draft language, here is what manufacturers can expect to see become effective on May 1.

The new order continues to include the same exemption for “essential manufacturing” that is defined as:

Manufacturing companies, distributors, and supply chain companies producing and supplying essential products and services in and for industries such as pharmaceutical, technology, biotechnology, healthcare, chemicals and sanitization, waste pickup and disposal, agriculture, food and beverage, transportation, energy, steel and steel products, petroleum and fuel, mining, construction, national defense, communications, as well as products used by other Essential Businesses and Operations.

However, the Executive Order will include brand new safety requirements specifically for manufacturers who continue to operate . They must follow social distancing requirements and take appropriate precautions which may include :

  • Providing face coverings to all employees who are not able to maintain a minimum six feet of social distancing at all times
  • Staggering shifts
  • Reducing line speeds
  • Operating only essential lines while shutting down non-essential lines
  • Ensuring that all spaces where employees may gather, including locker rooms and lunchrooms, allow for social distancing; and
  • Downsizing operations to the extent necessary to allow for social distancing and to provide a safe workspace in response to the COVID-19 emergency

The IMA recommends following the Executive Order to the fullest extent possible . The draft order does allow some flexibility in that it says “may include” as opposed to “shall include” which was done because every manufacturing facility operates differently and every single recommendation may not be possible.

At the IMA’s request, with your help, the Governor’s office removed stricter language yesterday that would have shuttered additional manufacturing facilities and created a new “inventory” requirement that would have been devastating to supply chains.

The Executive Order will require businesses to follow guidance provided or published by the Office of the Governor, Department of Commerce & Economic Opportunity, state and local law enforcement, Department of Public Health, local public health departments, and the Workplace Rights Bureau in the Attorney General’s Office with respect to social distancing requirement. Businesses are prohibited from retaliating against at employee for disclosing information where the employee has reasonable cause to believe that the information violates this Order.

In addition, here are other significant changes that will begin on May 1:

  • Illinoisans over the age of 2 years must wear masks when out in public when they cannot maintain a six-foot distance. Face coverings will be required in all indoor spaces such as stores.
  • Greenhouses, garden centers, and nurseries may reopen as essential businesses. Retail stores must provide face coverings to all employees who are not able to maintain a 6-foot distancing, cap occupancy to 50 percent of store capacity, set up store aisles to be one way and mark with conspicuous signage, communicate with customers about social distancing, and discontinue use of reusable bags.
  • Retail stores that are non-essential may reopen to fulfill telephone and online orders through curbside pickup or delivery.
  • Golf courses and state parks will be allowed to reopen. Fishing and boating are allowed with no more than two people per boat.
  • The Department of Public Health will issue guidance to hospitals and surgical centers to allow for certain elective surgeries.

Again, this is a draft of the Executive Order and does represent the final order – it could be changed.
Mark Denzler
President & CEO
Illinois Manufacturers' Association
Illinois Manufacturers' Association
Disclaimer : The information in this email is provided for general informational purposes only as a benefit of your membership in the Illinois Manufacturers' Association. No information contained in this email should be construed as legal advice from the IMA or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. If you need legal advice, please contact an attorney directly.