Pennsylvania Gov. Tom Wolf and Secretary of Health Dr. Rachel Levine have announced new targeted mitigation measures to help limit the spread of COVID-19, including a stay-at-home advisory and new gathering limits.
Wolf said Monday that the state is in a dangerous situation, and it's necessary to redouble efforts to keep people safe.
The new measures include limiting indoor events to 500 people and outdoor events to 2,500 people.
The administration is also encouraging residents to limit unnecessary travel and stay at home.
In addition, the state is stepping up efforts to ensure schools are in compliance with safety plans.
“Our collective responsibility continues to be to protect our communities, our health care workers and our most vulnerable Pennsylvanians from COVID-19. That has not changed," Levine said.
Schools
The Wolf Administration is requiring pre-K to 12 public schools in counties that have been in the substantial transmission level for at least two consecutive weeks to commit to safety measures to ensure the safety and well-being of students and educators. If they choose not to, they must move to fully remote learning without all extra-curricular activities. As of Nov. 20, there are 59 counties in the substantial transmission level for at least two consecutive weeks.
Requirements for pre-K through 12th grade public schools in substantial counties for at least two consecutive weeks:
- Schools are mandated to comply with updated protocols if a COVID-19 case is identified in the school building.
- By 5 p.m. Nov. 30, chief school administrators and the governing body president/chair must sign an attestation form stating they have either transitioned to fully remote learning or are complying with the orders if they are conducting any in-person instruction while in the “substantial” range of transmission.
- Those schools that do not sign or comply with an attestation are required to provide only fully remote learning and suspend all extracurricular activities as long as the county remains in the substantial transmission level.
Businesses
The administration is revising and reissuing its orders to protect businesses, customers, and employees. This order will consolidate previous orders and includes reiterating cleaning and social distancing requirements, mandatory telework requirements unless impossible and other safety measures.
- Telework is mandatory unless impossible. Safety measures required for businesses including cleaning, social distancing and masking.
- Online sales and curbside pickup for all shopping are encouraged.
To help with enforcement of existing masking orders in businesses, the administration is introducing liability protection for all businesses that maintain in person operations and are open to the public. Businesses will receive immunity from civil liability only as related to the health secretary's masking order given that individuals and entities are engaged in essential emergency services activities and disaster services activities when enforcing the order.
Gathering limitations
All large indoor and outdoor events and gatherings are reduced until further notice.
To specifically address large crowds, the retail food services industry - including bars, restaurants, and private catered events - must stop alcohol sales for on-site consumption at 5 p.m. Nov. 25 only. Indoor dining may continue, and takeout is encouraged.
Pennsylvanians are advised against gathering with others who are not in the same household.
The new gathering limits are as follows:
Maximum Occupancy | Allowable Indoor Rate |
0-2,000 people | 10% of Maximum Occupancy |
2,001 - 10,000 people | 5% of Maximum Occupancy |
Over 10,000 people | No events over 500 people |
Maximum Occupancy | Allowable Outdoor Rate |
0-2,000 people | 15% of Maximum Occupancy |
2,001 - 10,000 people | 10% of Maximum Occupancy |
Over 10,000 people | 5% of Maximum Occupancy up to 2,500 people |
Empowering local government
- The governor and health secretary's orders were issued pursuant to the authority granted to them under the law, and as such they have the force and effect of law. This authority extends to all local enforcement agencies in Pennsylvania. Local law enforcement received guidance on enforcement of the various COVID-19 orders in place from the Pennsylvania State Police through the Pennsylvania Chiefs of Police Association.
- Given the importance of local engagement, the Department of Health has provided recommendations for local municipal leaders, as well as countywide leadership. While statewide mitigation steps are necessary, local leaders can implement their own orders, ordinances, or directives in order to protect health and safety as long as they are stricter than those mandated by the state. Additionally, counties and municipalities are authorized to enforce state law, including orders from the secretary of health or governor.
- Local leaders at all levels of government should exercise their authority and influence to support public health efforts that will protect residents and local economies. When local leaders engage, their constituents understand that they are supported in adopting and sustaining preventive behaviors.
- The Department of Health has established thresholds representing low, moderate or substantial community transmission of COVID-19, and corresponding actions that can be taken by county and municipal leaders. A county’s threshold may change week-by-week as incidence and percent positivity rates rise and fall. Leaders should implement more public health actions rather than fewer if their county is between thresholds. To determine level of community transmission, counties should use the Department of Health’s COVID-19 Early Warning Monitoring System Dashboard. The Department of Health and the Department of Education use the same metrics to recommend instructional models for school leaders.
- Recommendations for each level of community transmission include increased communication, collaborative planning, stricter directives and working with school leaders.
Enforcement
Orders already in place and those announced are all enforceable. Law enforcement and state agencies will be stepping up enforcement efforts, issuing citations and fines, and possibly taking regulatory actions for repeat offenders.
The Wolf Administration is stepping up enforcement on the following orders:
- Out-of-state travel.
- Mask-wearing.
- Business safety, including telework, occupancy, cleaning, social distancing.
- Restaurant mitigation, including occupancy, masking, social distancing, self-certification.
- Gathering limits.
- School attestation and mitigation.
- Orders are enforceable as a disease control measure under the Disease Prevention and Control Law. Citations may be written under the Administrative Code of 1929 71 P. S. § 1409 and/or the Disease Prevention and Control Law of 1955 35 P.S. § 521.20(a). The decision whether to issue a warning or a citation is made on a case-by-case basis and determined by the unique circumstances of each encounter.
- Persons who fail to comply with an order may be fined between $25 and $300 dollars.
- Enforcement agencies include the Pennsylvania State Police, local law enforcement, personnel from the departments of Agriculture and State and Pennsylvania Liquor Control Board stores that interact with visitors.
The Department of Health, with assistance from other agencies, is bolstering its ability to receive and respond to complaints from customers and employees. The department will continue to investigate complaints provided via its web form and plans to use additional staff from other state agencies under the governor’s jurisdiction to process complaints.
Following a complaint about a business, the Department of Health will send a warning letter informing the business of the potential consequences, including fines and closure if the business is not compliant with the mitigation orders. If a business continues to receive complaints, it risks referral to the Pennsylvania State Police or regulatory agencies, further fines and possible closure.
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