Emergency Executive Order 20-40
State of Minnesota
Requirements for Non-Critical Exempt Businesses. Before workers may return to work at a Non-Critical Exempt Business under this Executive Order, the Non-Critical Exempt Business must establish and implement a COVID-19 Preparedness Plan (“Plan”). Each Plan must provide for the business’s implementation of Minnesota OSHA Standards and MDH and CDC Guidelines in their workplaces.

These requirements are set forth in guidance published by DEED and DLI (“Plan Guidance”) and available at https://mn.gov/deed/safework/

a. Required Plan content. As set forth in the Plan Guidance, at a minimum, each Plan must adequately address the following areas.
i. Require work from home whenever possible. All Plans must ensure that all workers who can work from home continue to do so.
ii. Ensure that sick workers stay home. All Plans must establish policies and procedures, including health screenings, that prevent sick workers from entering the workplace.
iii. Social distancing. All Plans must establish social distancing policies and procedures.
iv. Employee hygiene and source control. All Plans must establish hygiene and source control policies for workers.
v. Cleaning and disinfection protocols. All Plans must establish cleaning and disinfection protocols for areas within the workplace.
b. Optional template. A template COVID-19 Preparedness Plan, which covers the above requirements, is available as part of the Plan Guidance, available at https://mn.gov/deed/safework/
c. Certification and signature. Senior management responsible for implementing the Plan must sign and certify the Plan, affirming their commitment to implement and follow the Plan.
d. Dissemination and posting. A Non-Critical Exempt Business must provide its Plan, in writing, to all workers, and the Plan must be posted at all of the business’s workplaces in locations that will allow for the Plan to be readily reviewed by all workers. Where physical posting is impracticable, the Plan can be posted electronically, provided that the Plan is received by all workers and remains available for their review.
e. Training. Non-Critical Exempt Businesses must ensure that training is provided to workers on the contents of their Plan and required procedures, so that all workers understand and are able to perform the precautions necessary to protect themselves and their co-workers. This training should be easy to understand and available in the appropriate language and literacy level for all workers. Businesses should also take steps to supervise workers and ensure that workers understand and adhere to necessary precautions to prevent COVID-19 transmission. Documentation demonstrating compliance with this training requirement must be maintained and made available to regulatory authorities and public safety officers, including DLI, upon request.
f. Compliance. Workers and management must work together to ensure compliance with the Plan, implement all protocols, policies, and procedures, and create a safe and healthy work environment.
g. Availability to regulatory authorities and public safety officers. NonCritical Exempt Businesses do not need to submit their Plans for preapproval. Upon request, Non-Critical Exempt Businesses must make their Plans available to regulatory authorities and public safety officers, including DLI.