New Rule for Essential Businesses

Legislative Rule 64 CSR 114, Public Health Standards for Businesses Remaining Open during the COVID-19 Outbreak. This emergency rule establishes uniform public health standards for businesses operating in the state during the declared state of emergency due to the COVID-19 pandemic.  This emergency rule applies to all Essential Businesses or Operations in West Virginia permitted to remain operational or open to the public by Executive Order 9-20 of the Governor of the State of West Virginia during the state of emergency.



  • Implement a written plan to limit staff, contractors, and vendors to essential personnel.
  • Implement social distancing practices in the workplace where possible, including remaining at a minimum six-foot distance from other persons.
  • Supplying multiple, adequate disinfecting and hygienic supplies and dispensers to staff and other persons as needed, such as disinfecting wipes or spray, hand sanitizer, and soap and water consistent with the number of persons allowed to be on the premises.
  • Provide protective barriers for employees exposed to the general public.
  • No more than (2) two individual members of the public may enter a business per 1,000 square feet of customer floor space at any given time; businesses of less than 1,000 square feet of customer floor space shall not permit that space to be occupied by more than five persons, including employees, at any given time.
  • For businesses whose sales are comprised of at least 80 percent grocery food products or more, no more than (3) three members of the public may enter a business per 1,000 square feet of customer floor space at any given time.
  • To ensure that the number of people per square foot requirements are not violated, each business shall track the number of people who enter and leave the business and control the capacity on a one-in, one-out basis after the maximum capacity required by this section has been reached.
  • All businesses shall take actions to establish appropriate social distancing measures for the public to the greatest extent possible, including but not limited to, marking areas a minimum of six  feet apart at any area where persons are likely to stand or wait in line, creating one-way aisles, and any other restrictions which limit close contact with other people.
  • To the extent practicable, a business shall encourage its customers to place their order ahead to allow customers to pick up and pay without entering the business.
  • Any business that remains open to the public shall prominently display the directives required by this section in a conspicuous manner at each public point of entry to the business.

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