Alaska

Alaska Essential Services and Critical Workforce Infrastructure Order

Executive Summary

On March 27, 2020, the Governor of Alaska issued its Alaska Essential Services and Critical Workforce Infrastructure Order mandating all businesses in Alaska that are not Essential Services and Critical Infrastructure industries to cease all activities at facilities within the State except for Minimum Basic Operations.  The order adopts the CISA List and identifies other categories of Essential Services and Critical Infrastructure industries.

Summary of Order

• The Alaska Essential Services and Critical Workforce Infrastructure Order was issued on March 27, 2020 (formerly “Attachment A” to a prior Health Mandate 011 for Social-Distancing and Health Mandate 012 for Intrastate Travel). 
• Health Mandate 011 for Social-Distancing effect at 5:00 p.m. on March 28, 2020 and remains in effect until the Governor rescinds or modifies the order. It will be reevaluated by April 11, 2020.
• Health Mandate 012 for Intrastate Travel went into effect at 8:00 a.m. on March 28, 2020 and remains in effect until the Governor of Alaska rescinds or modifies the order. Health Mandate 012 will be reevaluated by April 21, 2020.
• Pursuant to the order, all businesses in Alaska that are not Essential Services and Critical Infrastructure industries must cease all activities at facilities within the State except Minimum Basic Operations or employee/contractor activities at their own residences (i.e., working from home).
• Minimum Basic Operations include the following, while complying with Social Distancing Requirements:
  • The minimum necessary activities to maintain the value of the business’s inventory, ensure security, process payroll and employee benefits, or for related functions.
  • The minimum necessary activities to facilitate employees of the business being able to continue to work remotely from their residences.
• Regarding Essential Services and Critical Infrastructure, the order incorporates by reference the CISA List and also identifies the following:
  • Healthcare Operations
  • Essential Infrastructure
  • Financial Services Sector
  • First Responders
  • Essential Government Functions
  • Essential Business, which includes:
    • Grocery and other food retail establishments
    • Food and agriculture
    • Necessity of life services
    • Media
    • Auto and transportation facilities
    • Hardware stores
    • Safety, sanitation, and infrastructure services
    • Postal and shipping services
    • Educational institutions
    • Laundry services
    • Restaurants with restricted service
    • Business that supply products to support work from home
    • Businesses that supply other essential businesses
    • Transportation of goods
    • Private transportation providers
    • Home-based care
    • Residential facilities
    • Professional services
    • Childcare facilities
    • All other businesses that can maintain Social Distancing Requirements and prohibit congregations of 10 or fewer people at a time

Social Distancing Requirements

For purposes of the order, Social Distancing Requirements include:

• maintaining at least six-foot social distancing from other individuals,
• washing hands with soap and water for at least twenty seconds as frequently as possible or using hand sanitizer containing at least 60% alcohol,
• covering coughs or sneezes (into the sleeve or elbow, not hands),
• regularly cleaning high-touch surfaces, and
• not shaking hands.

Enforcement

A violation of a State COVID-19 Mandate may subject a business or organization to an order to cease operations and/or a civil fine of up to $1,000 per violation.  A person or organization that fails to comply may, under certain circumstances, also be criminally prosecuted for reckless endangerment punishable with imprisonment of up to a year.  Additionally, a misdemeanor offense by person may lead to fines of up to $25,000 and a misdemeanor offense resulting in a death by a business organization may lead to a fine of $2,500,000 or $500,000 for a misdemeanor not resulting in a death.

CISA List

Critical infrastructure sectors listed in CISA guidance (check list at link above for detailed list of worker functions):

• Healthcare / Public Health
• Law Enforcement, Public Safety, and Other First Responders
• Food and Agriculture
• Energy — Natural Gas, Natural Gas Liquids (NGL), Propane, and Other Liquid Fuels
• Water and Wastewater
• Transportation and Logistics
• Public Works and Infrastructure Support Services
• Communications and Information Technology
• Other Community- or Government-Based Operations and Essential Functions
• Critical Manufacturing
• Hazardous Materials
• Financial Services
• Chemical
• Defense Industrial Base
• Commercial Facilities
• Residential/Shelter Facilities and Services
• Hygiene Products and Services