Update Regarding Governor Inslee’s “Stay Home-Stay Safe” Order

As promised in our earlier post, we are providing additional information on guidance that has been issued by several trade groups:

  • BIAW has advised that homebuilders and remodelers may continue with operations while the Order is in effect.
  • MBA, a bit more cautiously, has advised that residential construction trades and certain of its supplier networks are “essential” business functions and are exempt from the Order.
  • BOMA has issued an interpretation that commercial facilities are identified as critical infrastructure by DHS, focusing on the language exempting “workers to ensure continuity of building functions:

TO: BOMA Seattle King County Members
RE: Governor Inslee’s Stay Home Order Announced Last Night

As you may know, BOMA had been communicating with the Governor’s office prior to last night’s Stay at Home order, to ensure that commercial properties are included as Critical Infrastructure and that building management, engineers and many of the supporting contractors and vendors who regularly support the effort to ensure “continuity of building operations” were included as “essential personnel.”

Our key message was: “Commercial Facilities are identified as Critical Infrastructure by Department of Homeland Security recommendations and specifically identifies ‘Workers to ensure continuity of building functions.'” [https://www.cisa.gov/identifying-critical-infrastructure-during-covid-19]

Based on the links to documents provided after the press conference and what was said during and after the Governor’s announcement, our recommendations were included. Washington State’s order is much like California’s, where commercial properties are allowed to stay open and operate with essential personnel. 

The order begins March 25th and is in effect for two weeks unless extended.

Washington State’s new Stay at Home order is very similar to California where the Stay at Home order was clarified that “Essential Critical Infrastructure Workers” included:

  • Workers to ensure continuity of building functions
  • Security staff to maintain building access control and physical security measures
  • Support required for continuity of services, including janitorial/cleaning personnel
  • Construction Workers who support the construction, operation, inspection, and maintenance of construction sites and construction projects (including housing construction)
  • Workers such as plumbers, electricians, exterminators and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of construction sites and construction projects (including those that support such projects to ensure the availability of needed facilities, transportation, energy and communications; and support to ensure the effective removal, storage, and disposal of solid waste and hazardous waste)
  • Commercial Retail Stores, that supply essential sectors, including convenience stores, pet supply stores, auto supplies and repair, hardware and home improvement, and home appliance retailers
  • Workers supporting groceries, pharmacies and other retail that sells food and beverage products, including but not limited to grocery stores, corner stores and convenience stores, including liquor stores that sell food, farmer’s markets, food banks, farm and produce stands, supermarkets, similar food retail establishments, big box stores that sell groceries and essentials
  • Restaurant carry-out and quick serve food operations – including food preparation, carry-out and delivery food employees
  • Employees and firms supporting food, feed and beverage distribution (including curbside distribution and deliveries), including warehouse workers, vendor-managed inventory controllers, blockchain managers, distribution
  • Maintenance of communication infrastructures – including privately-owned and maintained communication systems – supported by technicians, operators, call-centers, wire-line and wireless providers, cable service providers, satellite operations, undersea cable landing stations, Internet Exchange Points, and manufacturers and distributors of communications equipment
  • Manufacturers, technicians, logistics and warehouse operators, and distributors of medical equipment, personal protective equipment (PPE), medical gases, pharmaceuticals, blood and blood products, vaccines, testing materials, laboratory supplies, cleaning, sanitizing, disinfecting or sterilization supplies, and tissue and paper towel products.
  • Private security, private fire departments and private emergency medical services personnel

Workers such as plumbers, electricians, exterminators, and other service providers who provide services that are necessary to maintaining the safety, sanitation and essential operation of residences.

At this time, we believe that further clarification of the Order is required, as noted in today’s earlier blog article.  We will continue to provide further updates.

The highlighted portion below was included in the governor’s 14-page document on essential personnel. View document here.

Commercial Facilities are identified as Critical Infrastructure during the COVID-19 pandemic by Department of Homeland Security recommendations and specifically identifies “Workers to ensure continuity of building functions.”

Further below there are several links to more information you may find helpful.

https://www.cisa.gov/critical-infrastructure-sectors

Guidance on the Essential Critical Infrastructure Workforce

Functioning critical infrastructure is imperative during the response to the COVID-19 emergency for both public health and safety as well as community well-being. Certain critical infrastructure industries have a special responsibility in these times to continue operations.

This guidance and accompanying list are intended to support State, Local, and industry partners in identifying the critical infrastructure sectors and the essential workers needed to maintain the services and functions Americans depend on daily and need to be able to operate resiliently during the COVID-19 pandemic response.

This document gives guidance to state, local, tribal, and territorial jurisdictions and the private sector on defining essential critical infrastructure workers. Promoting the ability of such workers to continue to work during periods of community restriction, access management, social distancing, or closure orders/directives is crucial to community resilience and continuity of essential functions.

Learn more:

https://www.cisa.gov/identifying-critical-infrastructure-during-covid-19
https://www.cisa.gov/publication/guidance-essential-critical-infrastructure-workforce
https://www.cisa.gov/news/2020/03/19/cisa-releases-guidance-essential-critical-infrastructure-workers-during-covid-19

https://www.cisa.gov/commercial-facilities-sector

Commercial Facilities Sector

The Department of Homeland Security is designated as the Sector-Specific Agency for the Commercial Facilities Sector, which includes a diverse range of sites that draw large crowds of people for shopping, business, entertainment, or lodging.

The Commercial Facilities Sector includes a diverse range of sites that draw large crowds of people for shopping, business, entertainment, or lodging. Facilities within the sector operate on the principle of open public access, meaning that the general public can move freely without the deterrent of highly visible security barriers. The majority of these facilities are privately owned and operated, with minimal interaction with the federal government and other regulatory entities.

The Commercial Facilities Sector consists of eight sub-sectors:

  • Entertainment and Media (e.g., motion picture studios, broadcast media).
  • Gaming (e.g., casinos).
  • Lodging (e.g., hotels, motels, conference centers).
  • Outdoor Events (e.g., theme and amusement parks, fairs, campgrounds, parades).
  • Public Assembly (e.g., arenas, stadiums, aquariums, zoos, museums, convention centers).
  • Real Estate (e.g., office and apartment buildings, condominiums, mixed use facilities, self-storage).
  • Retail (e.g., retail centers and districts, shopping malls).
  • Sports Leagues (e.g., professional sports leagues and federations).

https://www.cisa.gov/commercial-facilities-publications

Pandemic Influenza Planning Materials

Public assembly venue owners and operators use these pandemic influenza planning documents to enhance pandemic operational response planning. The guide provides key steps and activities for managers of public assembly venues to consider when operating their facilities during pandemic situations. The worksheet displays the status of operational activities that venues should use to respond to the influenza’s impact on venues and surrounding areas. A Checklist outlines the various activities that should be considered by public assembly venues when developing a pandemic response plan.

Commercial Facilities Sector Cybersecurity Framework Implementation Guidance

Some snippets from the 14-page report the Governor’s stay at home order (View entire document here.)

Essential Facilities and Services & Essential Workforce –

Page1: It includes publicly accessible healthcare facilities, research centers

Page 8/9: …. sector’s products and services are foundational or necessary for the operations and services provided by other critical infrastructure sectors. The nature of communication networks involve both physical infrastructure (buildings, switches, towers, antennas, etc.) and cyber infrastructure (routing and switching software, operational support systems, user applications, etc.), representing a holistic challenge to address the entire physical-cyber infrastructure.

… IT Sector provides products and services that support the efficient operation of today’s global information-based society and are integral to the operations and services provided by other critical infrastructure Sectors. The IT Sector is comprised of small and medium businesses, as well as large multinational companies. Unlike many critical infrastructure Sectors composed of finite and easily identifiable physical assets, the IT Sector is a functions-based Sector that comprises not only physical assets but also virtual systems and networks that enable key capabilities and services in both the public and private sectors.

Page 9-10

Essential Workforce – Information Technology:

  • Workers who support command centers, including, but not limited to Network Operations Command Center, Broadcast Operations Control Center and Security Operations Command Center
  • Data center operators, including system administrators, HVAC & electrical engineers, security personnel, IT managers, data transfer solutions engineers, software and hardware engineers, and database administrators
  • Client service centers, field engineers, and other technicians supporting critical infrastructure, as well as manufacturers and supply chain vendors that provide hardware and software, and
  • Workers supporting the provision of essential global, national and local infrastructure for computing services (incl. cloud computing services), business infrastructure, web-based services, and critical manufacturing
  • Workers supporting communications systems and information technology used by law enforcement, public safety, medical, energy and other critical industries
  • Support required for continuity of services, including janitorial/cleaning personnel
  • Workers to ensure continuity of building functions
  • Security staff to maintain building access control and physical security measures

Page 11

  • Construction workers who support the construction, operation, inspection, and maintenance of construction sites and construction projects (including housing construction) for all essential facilities, services and projects included in this document, and for residential construction related to emergency repairs and projects that ensure structural integrity.
  • Workers such as plumbers, electricians, exterminators, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of construction sites and construction projects (including those that support such projects to ensure the availability of needed facilities, transportation, energy and communications; and support to ensure the effective removal, storage, and disposal of solid waste and hazardous waste)
  • Commercial Retail Stores, that supply essential sectors, including convenience stores, pet supply stores, auto supplies and repair, hardware and home improvement, garden stores and nurseries that support food cultivation and production, office supply stores that support working-from home, and home appliance retailers
  • Workers providing care to animals in zoos, aquariums, wildlife parks, nature preserves and game farms.
  • Workers critical to operating Rental Car companies that facilitate continuity of operations for essential workforces, and other essential travel
  • Workers who provide or determine eligibility for food, shelter, in-home supportive services, child welfare, adult protective services and social services, and other necessities of life for economically disadvantaged or otherwise needy individuals (including family members and individuals experiencing homelessness)
  • Professional services, such as legal or accounting and tax preparation services, when necessary to assist in compliance with legally mandated activities and critical sector services
  • Artists and musicians providing services through streaming or other technology
  • Unions and worker advocacy organizations
  • Workers providing, maintaining and repairing heating, cooling and refrigeration services.
  • Professional employer organizations providing payroll benefits, regulatory assistance and HR services.
  • Laundromats and laundry services

Page 12

FINANCIAL SERVICES

Sector Profile

The Financial Services Sector includes thousands of depository institutions, providers of investment products, insurance companies, other credit and financing organizations, and the providers of the critical financial utilities and services that support these functions. Financial institutions vary widely in size and presence, ranging from some of the world’s largest global companies with thousands of employees and many billions of dollars in assets, to community banks and credit unions with a small number of employees serving individual communities. Whether an individual savings account, financial derivatives, credit extended to a large organization, or investments made to a foreign country, these products allow customers to: Deposit funds and make payments to other parties; Provide credit and liquidity to customers; Invest funds for both long and short periods; Transfer financial risks between customers.

Essential Workforce

  • Workers who are needed to process and maintain systems for processing financial transactions and services (e.g., payment, clearing, and settlement; wholesale funding; insurance services; and capital markets activities)
  • Workers who are needed to provide consumer access to banking and lending services, including ATMs, and to move currency and payments (e.g., armored cash carriers)

Workers who support financial operations, such as those staffing data and security operations centers

Rod Kauffman, President
BOMA Seattle King County
1420 Fifth Avenue Suite 1250 Seattle, WA 98101
206-622-8924 ext. 104 | www.bomaseattle.org

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Comment:       At this time, we believe that further clarification of the Order is required, as noted in today’s earlier blog article.  We will continue to provide further updates.

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