Active Ohio Executive Orders

Find a list below of executive orders from Gov. Mike DeWine and the Ohio Department of Health in response to the COVID-19 outbreak that affect employers.

OHIOANS PROTECTING OHIOANS URGENT HEALTH ADVISORY:    (replaces the Stay Safe Order)

Governor DeWine today released details of the new “Ohioans Protecting Ohioans Urgent Health Advisory” which replaces the Stay Safe Ohio order that was issued by the Ohio Department of Health on April 30, 2020.  

“Ohioans take care of Ohioans because that is at the core of who we are, and that is how we are going to save our economy,” said Governor DeWine. “What this comes down to now is that each of us has a responsibility to each other to slow the spread.  No other time in our lives will our individual actions play a greater role in saving lives.” 

The health order replaces language requiring Ohioans to stay at home with limited exceptions with language that strongly recommends that citizens, especially those who are high-risk, stay at home as much as possible. The order does not change the mass gathering restrictions, which remain at a 10-person limit.

The new health advisory also lifts overall travel restrictions and the requirement to quarantine if someone travels to or returns to Ohio. Unnecessary travel within or outside of Ohio is not encouraged. 

In addition, those who have tested positive for COVID-19 and have not recovered, those who are presumptively diagnosed with COVID-19, and those who are exhibiting the symptoms identified in the screening guidance available from the CDC and the Ohio Department of Health, remain prohibited from entering the state of Ohio unless they are doing so under medical orders for purposes of medical care, are being transported by emergency medical services EMS, are driving or being driven directly to a medical provider for the purposes of initial care, or are a permanent resident of Ohio.

The Stay Safe Order 

  • All businesses and operations following workplace safety standards are permitted to reopen unless prohibited by the order. Businesses and other entities that must remain closed are:
    • All K-12 schools
    • Restaurants and Bars
    • Beauty Salons
    • Vocational Habitation Services in a Congregate Setting
    • Senior Centers
    • Child Care Services
    • Entertainment and Recreation Centers
    • Gymnasiums
  • All individuals must stay at home except for exempted activities which includes activities for the care of others, and travel to or from an educational institution for the purpose of receiving materials for distance learning. Individuals can also travel outside their home to access activities and businesses that are able to be open under the order.
  • Prohibits gatherings of 10 or more people that occur outside a single home.
  • Employers must allow all individuals coming into their place of business to use facial coverings, including employees, customers and vendors unless the facial covering poses a specific health, safety or security risk.
  • Employers must require all employees to wear a facial covering unless an employee is working alone in an assigned workspace or there is a functional reason why the facial covering cannot be worn including safety and health concerns.
  • Uses the Dispute Resolution Commission to review and make determinations as to what businesses are essential when health departments are applying the order differently to similarly situated businesses.
  • The Stay Safe Order is in effect through 11:59 p.m. on May 29, 2020.

Unemployment Compensation

  • Employers can now use the Ohio Department of Job and Family Services’ online portal to report individuals who decline to return to work.

  • State of Emergency Declared

    • Declares a state of emergency across Ohio in order to protect the well-being of Ohioans from the dangerous effects of COVID-19.

    Requiring All Ohioans Stay at Home

    • All individuals must stay at home except for exempted activities which include activities for a person’s health or safety, the care of others, outside activities, obtaining necessary supplies or services, and to perform certain types of work. 
    • All businesses must cease operations unless employees are working from home, the business is considered an essential business, or for the performance of minimum basic operations. 
    • Essential businesses and services that will remain open includes hospitals, stores that sell groceries and medicine, restaurants for off-site consumption, and financial and insurance institutions. The list of all essential businesses and services that may remain open are located in Section 12 of the order. The “CISA List”, item “a” in Section 12, can be found on the U.S. Department of Homeland Security’s COVID-19 Essential Workers Memo.
    • Minimum basic operations include activities necessary to maintain the value of a business’s inventory, the condition of the business’s physical location, and the processing of employee payroll or benefits. 
    • Mandates that employers allow as many employees as possible to work from home 
    • Prohibits any gathering of over 10 individuals
    • Creates a Dispute Resolution Commission to review and make determinations as to what businesses are essential when health departments are applying the order differently to similarly situated businesses
    • Mandates stores selling groceries and medicine determine and enforce a maximum number of people allowed inside at once
    • The Stay At Home Order is in effect through 11:59 p.m. on May 1, 2020 

    Ohio Department of Health has issued additional guidance on what is an essential business for certain industries which are listed below:

    The Ohio Department of Health has issued a fact sheet containing important information on the Dispute Resolution Commission which you can access here.

    Clarification from Lt. Gov. Jon Husted — If you need help understanding the order, please reference the below information:

    “Please read the order, it is clear about what it means. I ask that you use common sense. If you see an exemption for your type of business in the order, or if you are part of the supply chain for an “essential business,” then you should consider yourself an “essential business” and you can remain open. But if you’re not on the list of exemptions, or you are not part of the essential supply chain then consider yourself closed until April 6 at 11:59 pm. And even if you are in an “essential business,” you need to follow the health and safety guidelines outlined in this order.” – Lt. Gov. Jon Husted

    The order is effective from Monday, March 23, 2020 at 11:59pm through 11:59pm on Monday, April 6, 2020.  

    Prohibiting In-Person Dining at Restaurants and Bars

    • Restricts the purchase of food, beverages and alcohol at restaurants and bars to carry-out and delivery orders only
    • Restriction of on-site consumption is in effect indefinitely

    Closure of all K-12 Schools

    • On March 30, Gov. DeWine announced extension of K-12 school closures through June 30, 2020.
    • It is up to the administration at each school to determine access to the building for teachers and other staff

    Limiting of Mass Gatherings

    • This order has been superseded by the Stay At Home Public Health Order announced on March 22nd that limits all mass gatherings over 10 individuals. 
    • Ban does not include typical office environments, retail or grocery stores, factories, airports, bus and train stations, medical facilities, libraries, shopping malls and athletic events without spectators
    • Order is in effect until it is rescinded, or the state of emergency is lifted

    Special Health Insurance Rules

    • Maintains health insurance coverage for workers who have had their work hours reduced if the employee is currently eligible for coverage through their employer sponsored health insurance.
    • Payment of premiums may be deferred interest free for up to 60 calendar days.
    • Creates special open enrollment period for employees who lose coverage to allow them to get a new policy from the federal healthcare marketplace or from another insurer.
    • This order is in effect until the expiration of the governor’s state of emergency.

    Rent & Mortgage Payments

    • Lenders have been asked to suspend rent payments owed by small businesses for at least 90 days
    • Lenders have been asked to provide forbearances on mortgage payments owed by small businesses for at least 90 days
    • Landlords have been asked to put in place a moratorium on evictions for small businesses of at least 90 days

    Cancellation of all Non-essential Surgeries

    • To preserve personal protective equipment (PPE), hospital capacity and healthcare resources all non-essential or elective surgeries are canceled, and healthcare providers must remove non-essential individuals from procedure rooms and patient care areas.
    • Each hospital or healthcare provider is responsible for establishing internal procedures to comply with the order.
    • This order is in effect until it is rescinded or the state of emergency is lifted.

    Note: On April 22, Ohio Department of Health Director, Dr. Amy Acton, asked all hospitals and out-patient surgery centers to reach out to patients to reassess the need for any postponed surgeries. The full guidance be found here.

    Closure of Beauty Salons and Tattoo Parlors

    • On March 18, Gov. Mike DeWine announced he will be issuing an executive order to close all spas, tattoo parlors, barber shops and beauty salons effective at the close of businesses on March 18.

    Closure of Bureau of Motor Vehicles (Policy Directive from Dept. of Public Safety)

    • On March 18, Gov. Mike DeWine announced the closure of the majority of Bureau of Motor Vehicle locations effective at the close of business on March 18. A list of the BMV locations that remain open can be found here.

    Limiting Sale of Alcohol in Some Counties

    • The sale of spirituous liquor will be restricted to Ohio residents in Ashtabula, Trumbull, Mahoning, Columbiana, Jefferson and Belmont County.