What Does “Essential Businesses and Operations” Mean?, Which Industries Are Included?
When Indiana Governor Eric Holcomb issued Indiana Executive Order 20-08 on March 23, 2020, the Governor used the phrase “Essential Businesses and Operations”.
Many have asked what does that phrase mean and which industries are deemed essential.
The following is an excerpt from Indiana Executive Order 20-08 that provides the underlying details.
For the purposes of this Executive Order, the phrase “Essential Businesses and Operations” means Healthcare and Public Health Operations, Human Services Operations, Essential Governmental Functions, and Essential Infrastructure, as well as the following:
➡️ CISA List
On March 19, 2020, the U.S. Department of Homeland Security, Cybersecurity & Infrastructure Security Agency (“CISA”), issued a Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response. The definition of Essential Businesses and Operations in this Executive Order includes all of the workers identified in that Memorandum, which may be found or accessed at the following link: https://www.cisa.gov/…/CISA-Guidance-on-Essential-Critical-….
➡️ Stores That Sell Groceries and Medicine
Grocery stores, pharmacies, certified farmer’s markets, farm and produce stands, supermarkets, convenience stores, and other establishments engaged in the retail sale of groceries, canned food, dry goods, frozen foods, fresh fruits and vegetables, pet supplies, fresh meats, fish, and poultry, prepared food, alcoholic and nonalcoholic beverages, any other household consumer products (such as cleaning and personal care products), and specifically includes their supply chain and administrative support operations. This includes stores that sell groceries, medicine (including medication not requiring a medical prescription), and also that sell other non-grocery products, and products necessary to maintaining the safety, sanitation, and essential operation of residences and Essential Businesses and Operations.
➡️ Food, Beverage, and Agriculture
Food and beverage manufacturing, production, processing, cultivation, including farming, livestock, fishing, baking, and other production agriculture, including cultivation, marketing, production, and distribution of animals and goods for consumption; and businesses that provide food, shelter, and other necessities of life for animals, including animal shelters, rescues, shelters, kennels, and adoption facilities.
➡️ Organizations That Provide Charitable and Social Services
Businesses and religious and secular non-profit organizations, including food banks, when providing food, shelter, and social services, and other necessities of life for economically disadvantaged or otherwise needy individuals, individuals who need assistance as a result of this emergency, and people with disabilities.
➡️ Religious Entities
Religious facilities, entities and groups, and religious gatherings, provided they adhere to the CDC’s guidance on social gatherings.
➡️ Media
Newspapers, television, radio, and other media services.
➡️ Gas Stations and Businesses Needed for Transportation
Gas stations and auto supply, autorepair, farm equipment, construction equipment, boat repair, and related facilities, and bicycle shops and related facilities.
➡️ Financial and Insurance Institutions
Banks, currency exchanges, consumer lenders, including, but not limited to, credit unions, pawnbrokers, consumer installment lenders and sales finance lenders, title companies, appraisers, financial markets, trading and futures exchanges, payday lenders, affiliates of financial institutions, entities that issue bonds, related financial institutions, and institutions selling financial products. Also, insurance companies, underwriters, agents, brokers, and related insurance claims and agency services.
➡️ Hardware and Supply Stores
Hardware stores and businesses that sell electrical, plumbing, and heating material.
➡️ Critical Trades
Building, construction, and other trades, including, but not limited to, plumbers, electricians, exterminators, operating engineers, cleaning and janitorial staff for commercial and governmental properties, security staff, HVAC, painting, moving and relocation services, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences, Essential Activities, and Essential Businesses and Operations.
➡️ Mail, Post, Shipping, Logistics, Delivery, and Pick-Up Services
Post offices and other businesses that provide shipping and delivery services, as well as businesses that ship or deliver groceries, food, goods, vehicles, alcoholic and non-alcoholic beverages, or services to end users or through commercial channels.
➡️ Educational Institutions
Educational institutions (including public and private pre-K-12 schools, colleges, and universities) for purposes of facilitating distance learning, performing critical research, or performing essential functions, provided that social distancing of six-feet per person is maintained to the greatest extent possible.
This Executive Order is consistent with, and does not amend or supersede, any prior Executive Order regarding the closure of schools.
➡️ Laundry Services
Laundromats, dry cleaners, industrial laundry services, as well as laundry service providers.
➡️ Restaurants for Consumption Off-Premises
Restaurants, bars, taverns, and other facilities that prepare and serve food, but only for consumption off-premises, through such means as in-house delivery, third-party delivery, drive-through, curbside pick-up, and carryout. The foregoing is addressed in Executive Orders 20-04 and 20-10. The in-person dining prohibition shall be enforced under and pursuant to the process described in Executive Order 20-10.
Schools and other entities that typically provide food services to students or members of the public may continue to do so under this Executive Order on the condition that the food is provided to students or members of the public on a pick-up and takeaway basis only. Schools and other entities that provide food services under this exemption shall not permit the food to be eaten at the site where it is provided, or at any other gathering site due to the virus’s propensity to physically impact surfaces and personal property. This Executive Order is consistent with, and does not amend or supersede, prior Executive Orders regarding the closure of restaurants.
➡️ Supplies to Work from Home
Businesses that sell, manufacture, or supply products needed for people to work from home.
➡️ Supplies for Essential Businesses and Operations
Businesses that sell, manufacture, and/or supply other Essential Businesses and Operations with the support or materials necessary to operate, including computers, audio and video electronics, household appliances; IT and telecommunication equipment; hardware, paint, flat glass; electrical, plumbing and heating material; sanitary equipment; personal hygiene products; food, food additives, ingredients and components; medical and orthopedic equipment; optics and photography equipment; diagnostics, food and beverages, chemicals, soaps and detergent; and firearm and ammunition suppliers and retailers for purposes of safety and security.
➡️ Transportation
Airlines, taxis, transportation network providers (such as Uber and Lyft), vehicle rental services, paratransit, marinas, docks, boat storage, and other private, public, and commercial transportation and logistics providers necessary for the Essential Activities and other purposes expressly authorized in this Executive Order.
➡️ Home-Based Care and Services
Home-based care for adults, seniors, children, and/or people with developmental disabilities, intellectual disabilities, substance use disorders, and/or mental illness, including caregivers such as nannies who may travel to the child’s home to provide care, and other in-home services including meal delivery.
➡️ Residential Facilities and Shelters
Residential facilities and shelters for adults, seniors, children, pets, and/or people with developmental disabilities, intellectual disabilities, substance use disorders, or mental illness.
➡️ Professional Services
Professional services, such as legal services, accounting services, insurance services, and real estate services (including appraisal and title services).
➡️ Manufacture, Distribution, and Supply Chain for Critical Products and Industries
Manufacturing companies, distributors, and supply chain companies producing and supplying essential products and services in and for industries, such as healthcare, pharmaceutical, technology, biotechnology, chemicals and sanitization, agriculture, waste pickup and disposal, food and beverage, transportation, energy, steel and steel products, petroleum, fuel, mining, construction, national defense, communications, and products used by other Essential Businesses and Operations.
➡️ Critical Labor Union Functions
Labor union essential activities, including the administration of health and welfare funds and personnel checking on the well-being and safety of members providing services in Essential Businesses and Operations, provided that these checks should be done by telephone or remotely where possible.
➡️ Hotels and Motels
Hotels and motels, to the extent they are used for lodging and delivery or carryout food services.
➡️ Funeral Services
Funeral, mortuary, cremation, burial, cemetery, and related services.
