Washington

Updated: June 08, 2020

Washington’s Stay Home, Stay Healthy Order (Proclamation 20-25.3) expired on May 31. The State’s Safe Start Plan, which amended some components of the original order and allowed for a start to re-open the state, has been expanded. Starting June 1, any county can apply to the Washington State Department of Health to move to the next phase of reopening from the phase they are currently in.

Beginning June 3, Counties in Phase 1 can move to a modified Phase 1 or Phase 2, and counties in Phase 2 can move, in whole or in part, to Phase 3. If necessary, counties can move back to an earlier phase. The Secretary of Health will review applications, looking to target metrics and the County’s ability to respond to situations that may arise. The Secretary may approve a county moving in whole to the next phase, or may only approve certain activities in the next phase.

Under Proclamation 20-25.3, some “low-risk” businesses (defined to include landscaping and lawn care, vehicle and vessel sales, pet walking, retail for curbside pick-up, and car washes) were immediately allowed to reopen once participants were able to fully comply with industry-specific requirements, which at a minimum required compliance with social distancing and hygiene requirements indicated by the Washington State Department of Health.

Phase 2 of the Safe Start Plan allows for the limited opening of restaurants/taverns (May 11), in-store retail operations (May 12), manufacturing facilities (May 12), professional services (May 13), and personal services (May 13). The governor has issued Reopening Guidance that includes requirements that these businesses must meet in order to reopen.

Phase 3 of the Safe Start Plan allows for gatherings of 50 or fewer people, including sports, travel, restaurants at 75% capacity, and bars at 25% capacity. Gyms and movie theaters can operate at 50% capacity, and retail, libraries, museums, and government buildings can open. Pools and recreation center can also open at 50% capacity.

Updated: May 13, 2020

Proclamation 20-25.3

The Governor of Washington has extended Proclamation 20-25 by Proclamation 20-25.3, effective May 4 through May 31, except for prohibitions regarding specific activities. The Governor also announced his Safe Start plan, that amends some components of the original order and allows for a start to re-open the state. Each phase of the plan will be at least three weeks – data and metrics will determine when the state can move from one phase to another. Counties that meet specific criteria may request an exemption from certain prohibitions. Some low-risk businesses may reopen once participants are able to fully comply with industry-specific requirements, which at minimum will require compliance with social distancing and hygiene requirements indicated by the Washington State Department of Health.

The Governor has initiated Phase 2 of the Safe Start Plan, allowing limited opening of restaurants/taverns (May 11), in-store retail operations (May 12), manufacturing facilities (May 12), professional services (May 13), and personal services (May 13). The governor has issued requirements that these businesses must meet. Upon meeting these requirements, the listed businesses may open immediately.

Updated: May 4, 2020

Proclamation 20-25.3

The Governor of Washington has extended Proclamation 20-25 by Proclamation 20-25.3, effective May 4 through May 31, except for prohibitions regarding specific activities. The Governor also announced his Safe Start plan, that amends some components of the original order and allows for a start to re-open the state. Each phase of the plan will be at least three weeks – data and metrics will determine when the state can move from one phase to another. Counties that meet specific criteria may request an exemption from certain prohibitions. Some low-risk businesses may reopen once participants are able to fully comply with industry-specific requirements, which at minimum will require compliance with social distancing and hygiene requirements indicated by the Washington State Department of Health.

Updated: April 9, 2020

PROCLAMATION 20-25 EXTENDED BY PROCLAMATION 20-25.1 THROUGH MAY 4, 2020 AT 11:59PM


Proclamation 20-25, as Amended

Executive Summary

The Washington State Proclamation requires all people in the state to (1) stay at home except for essential activities or employment in essential businesses, (2) bans gatherings, and (3) closes all businesses except for essential businesses.  The Proclamation does not expressly reference the CISA Essential Critical Infrastructure list, but has an Appendix with a list of essential businesses.  Notably, the Proclamation imposes distancing and sanitation measures pursuant to both federal OSHA guidelines and state health department guidelines.

Summary of Order

  • Proclamation 20-25, as Amended (Issued on March 23, 2020)
  • Appendix to Proclamation 20-25 listing “Essential Critical Infrastructure Workers”
  • Effective immediately as of March 23, 2020 except for the businesses provision, which takes effect as of midnight on March 25, 2020.
  • Essential businesses referenced in the Proclamation Appendix include the following sectors:
    • Healthcare / Public Health (e.g., publicly accessible healthcare facilities, research centers, suppliers, manufacturers, and other physical assets as well as public-private information technology systems)
    • Emergency Services (e.g., law enforcement, public safety and first responders
    • Food and Agriculture (e.g., production, processing, and delivery systems, growers, processors, suppliers, transporters, distributors)
    • Energy (e.g., electricity, oil, natural gas)
    • Water (e.g., drinking water and wastewater infrastructure)
    • Transportation and Logistics (e.g., aviation, highway and motor carrier, maritime, mass transit and passenger rail, pipeline systems, freight rail, postal and shipping)
    • Communications and Information Technology (e.g., communications networks including media, network and broadcast operations command centers, data centers)
    • Other Community-based Government Operations (government, school and childcare, hotel, construction, essential retail, professional services)

Social Distancing Requirements

  • Essential businesses must establish and implement social distancing and sanitation measures pursuant to both federal OSHA/HHS guidelines and state health department guidelines.

Enforcement

  • No formal enforcement provisions, but Governor Inslee has publicly remarked that “[t]his order is enforceable by law and can be enforced.”