Updated: June 3, 2020
Directive for Resumed Operations in Phase 2
Governor Steve Bullock has implemented a phased approach to reopening the state. Montana’s new Directive, dated May 19 and effective June 1, initiates Phase 2 of re-opening, allowing for an increase in permissible gathering size to groups of 50 and an increase in capacity for businesses allowed to open as part of Phase 1. Employers should continue to permit telework as much as possible and where feasible. The state will execute a robust public health plan in communities most impacted by tourism. The order includes additional reopening considerations and guidelines. Except where specifically modified in prior directives, the May 8 Directive and related guidance applicable to all phases and to Phase 1 remain in effect.
Employers should develop and implement policies regarding social distancing and protective equipment; temperature checks and symptom screening; testing, isolating, and contact tracing, in collaboration with public health authorities; sanitation; and use and disinfection of common and high-traffic areas.
Effective June 1, the following businesses may re-open pursuant to updated restrictions:
- Restaurants, bars, breweries, distilleries, and casinos remain in the same operational status as Phase 1, but with an increase to 75 percent capacity.
- Gyms, indoor group fitness classes, pools, and hot tubs can operate at 75 percent capacity and only if they can adhere to strict physical distancing and they exercise frequent sanitation protocols.
- Public accommodation pools (e.g. hotels and motels) can operate with 50 percent capacity and basic compliance with social distancing requirements.
- Concert halls, bowling alleys, and other places of assembly may operate at 75 percent capacity and must adhere to strict physical distancing guidelines and CDC sanitation protocols.
- Child-care facilities can increase capacity and the 24-person cap per facility no longer applies.
Updated: May 1, 2020
Directive for Resumed Operations
Governor Steve Bullock has implemented a phased approach to reopening the state. The duration of each phase will be regularly evaluated in close consultation with public health and emergency management professionals. The Governor issued a directive providing direction for Phase One, including lifting the Stay at Home Directive and reopening non-essential businesses. The new Directive, effective April 24, 2020, extends business closures until April 27, 2020 (with bars and restaurants closed until May 4) and sets forth protocols for re-openings beginning on April 27th, at which point businesses are no longer designated essential or non-essential, except as otherwise provided in this Directive. Places of assembly, including gyms, theaters and pools, remain closed. The Directive supersedes any county or municipal ordinance or order that is less restrictive than the Directive.
Updated: April 24, 2020
Directive for Resumed Operations
A new Directive, effective April 24, 2020, extends business closures until April 27, 2020 (with bars and restaurants closed until May 4) and sets forth protocols for re-openings beginning on the April 27th, at which point businesses are no longer designated essential or non-essential, except as otherwise provided in this Directive. The Directive supersedes any county or municipal ordinance or order that is less restrictive than the Directive.
Updated: April 8, 2020
A NEW DIRECTIVE FROM THE GOVERNOR OF MONTANA EXTENDS THE PREVIOUS DIRECTIVE UNTIL APRIL 24, 2020.
Directive Implementing Emergency Declaration Executive Orders providing measures to stay at home and designating certain essential functions
On March 26, 2020, the Governor of Montana issued a Directive implementing emergency declaration Executive Orders 2-2020 and 3-2020, providing measures for Montanans to stay at home and designating certain essential functions, including defining Essential Businesses and Operations. The Directive references the CISA List and enumerates other categories of Essential Businesses and Operations.
Summary of Order
- The Directive was issued on March 26, 2020 and became effective at 12:01 a.m. on March 28, 2020 through April 10, 2020.
- Pursuant to the Directive, all businesses and operations in the State except for Essential Businesses and Operations must cease all activities within the State except activities at their own residences (i.e., working from home).and except for Minimum Basic Operations, which are subject to Social Distancing Requirements and defined as:
- The minimum necessary activities to maintain the value of the business’s inventory, preserve the condition of the business’s physical plant and equipment, ensure security, process payroll and employee benefits, or for related functions; or
- The minimum necessary activities to facilitate employees of the business being able to continue to work remotely from their residences.
- For purposes of the Directive, Essential Businesses and Operations includes categories provided in the CISA List and:
- Health Care and Public Health Operations,
- Human Services Operations,
- Essential Governmental Functions,
- Essential Infrastructure, and
- Additional Listed Categories including:
- Stores that sell groceries and medicine;
- Food and beverage production and agriculture
- Organizations that provide charitable and social services
- Gas stations and businesses needed for transportation
- Financial and real estate services and institutions
- Hardware and supply stores
- Critical trades
- Mail, post, shipping, logistics, delivery, and pick-up services
- Laundry services
- Restaurants for consumption off-premises
- Supplies to work from home
- Supplies for Essential Businesses and Operations
- Home-based care and services
- Residential facilities and shelters
- Professional services.
- Manufacture, distribution, and supply chain for critical products and industries
- Critical labor union functions
- Hotels and motels
- Funeral services
Social Distancing Requirements
Essential Businesses and Operations and businesses engaged in Minimum Basic Operations must take proactive measures to ensure compliance with Social Distancing Requirements, including where possible:
- Designating with signage, tape, or by other means six-foot spacing for employees and customers in line to maintain appropriate distance;
- Having hand sanitizer and sanitizing products readily available for employees and customers;
- Implementing separate operating hours for elderly and vulnerable customers; and
- Posting online whether a facility is open and how best to reach the facility and continue services by phone or remotely.
The Directive as well as any prior Directive that implements and references the public health authorities of the Department of Public Health and Human Services (DPHHS) is deemed a Public Health Order within the meaning of § 50-1-103(2), MCA, and is enforceable by the Attorney General, DPHHS, a county attorney, or local authorities under the direction of a county attorney.
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
- Defense Industrial Base
- Commercial Facilities
- Residential/Shelter Facilities and Services
- Hygiene Products and Services