Colorado stay-at-home order and critical businesses Email
Thursday, March 26, 2020 09:40 AM

We recognize that there has been much confusion over the governor’s latest executive order and what that means for landscape business operations. In meeting with our GreenCO partners, we have clarified the following points:

As of March 26, the entire state is under a Stay-at-Home order. Based on the Public Health Order dated March 25, ALCC believes that most businesses in the green industry fall into one or more exemption categories. For horticulture growers, your business determination as ‘critical’ is pretty straightforward – you are considered agriculture. For landscape contractors, suppliers and other green industry professionals, the determination is a bit more nuanced.

As you can see from the categories on the list, they are very general (see below) and while we can offer guidance, businesses that must make the determination for themselves and communicate carefully with employees and customers. Further clarification about agricultural businesses from Colorado Commissioner of Agriculture Kate Greenberg. This order is in effect through April 10.

From the Colorado Public Health Order:

Critical Business. Any business, including any for-profit or non-profit, regardless of its corporate structure, engaged in any of the commercial, manufacturing, or service activities listed below, may continue to operate as normal. Critical Businesses must comply with the guidance and directives for maintaining a clean and safe work environment issued by the CDPHE and any applicable local health department. Critical Businesses must comply with Social Distancing Requirements and all PHOs currently in effect to the greatest extent possible and will be held accountable for doing so. Critical Businesses do NOT include health clubs as defined in C.R.S. § 6-1-102(4.6), fitness and exercise gyms, and similar facilities, or any of the other businesses required to close by PHO 20-22. 

“Critical Business” means:

2. Critical Infrastructure, Including:

  • food and plant cultivation, including farming crops, livestock, food processing and manufacturing, animal feed and feed products, rendering, commodity sales, and any other work critical to the operation of any component of the food supply chain
  • Any business that produces products critical or incidental to the construction or operation of the categories of products included in this subsection

3. Critical Manufacturing, Including:

  • agriculture/farms

4. Critical Retail, Including:

  • farm and produce stands
  • hardware, farm supply, and building material stores
  • establishments engaged in the retail sale of food and any other household consumer products (such as cleaning and personal care products)

9. Construction, Including:

  • other related firms and professionals for who provide services necessary to maintain the safety, sanitation, and critical operation of residences

11. Critical Services Necessary to Maintain the Safety, Sanitation and Critical Operations of Residences or Other Critical Businesses, Including:

  • general maintenance whether employed by the entity directly or a vendor
  • Snow removal

Once again, while we can offer guidance, businesses must make the determination for themselves and communicate carefully with employees and customers.

Additionally, ALCC recommends that you verify that each crew member arrives at the job site with the following documents:

  • A state-issued identification, such as a driver license
  • A copy of the executive order for the jurisdiction in which they are delivering services
  • A letter from your firm (on letterhead) verifying that the crew member is an employee of your company and asserts that they are on-site to perform an essential service

Please visit www.alcc.com/covid for information and resources related to this very fluid situation. Follow our blog at www.alcc.com/legislation-advocacy-blog for regular updates.

ALCC continues to advocate for the landscape industry and preserve its right to continue to provide what we consider essential services to our community throughout the Coronavirus crisis.

Warm regards,
John

John McMahon | Chief Executive Officer
Associated Landscape Contractors of Colorado 

Please note: This letter is not intended as legal advice. ALCC not able to provide a legally binding interpretation of the law. 

Follow the latest news on our blog or at www.alcc.com/covid.

Share your ideas, resources, etc. with landscape industry peers at [email protected].