Yes, we believe that banks are “public indoor spaces” in which individuals are required to wear face coverings. Additionally, we believe the “new requirements” referenced in the Governor’s April 23, 2020, press release regarding the modified stay-at-home Executive Order include requirements referenced in the modified Executive Order and the new Guidance issued by the Illinois Department of Public Health (IDPH) on workplace safety during the COVID-19 emergency.

The modified stay-at-home Executive Order entered on April 30, 2020, provides that effective May 1,  2020: “Any individual who is over age two and able to medically tolerate a face-covering (a mask or cloth face-covering) shall be required to cover their nose and mouth with a face-covering when in a public place and unable to maintain a six-foot social distance. Face-coverings are required in public indoor spaces such as stores.” We believe that banks are included in this requirement, since they are indoor spaces that are open to the public.

The Executive Order also states that retail stores “designated as Essential Businesses and Operations under this Order shall to the greatest extent possible: provide face coverings to all employees who are not able to maintain a minimum six-foot social distance at all times; cap occupancy at 50 percent of store capacity, or, alternatively, at the occupancy limits based on store square footage set by the Department of Commerce and Economic Opportunity; . . . [and] communicate with customers through in-store signage, and public service announcements and advertisements, about the social distancing requirements set forth in this Order (Social Distancing Requirements) . . . .”

The Executive Order does not define the term “retail store,” but it does include banks among “Essential Businesses and Operations,” which “must take proactive measures to ensure compliance with Social Distancing Requirements” — including designating six-foot distances with signage, tape, or by other means, providing hand sanitizer to employees and customers, implementing separate operating hours for elderly and vulnerable customers, and posting online information about facility openings and continuing services by phone and remotely. The IDFPR’s Division of Banking also has confirmed that financial institutions should follow the same precautions as retail stores.

The Executive Order also provides: “All businesses that have employees physically reporting to a work-site must post the guidance from the Illinois Department of Public Health (IDPH) and Office of the Illinois Attorney General regarding workplace safety during the COVID-19 emergency.” The IDPH guidance that must be posted states that employers should provide face coverings to employees, especially when it is not possible to maintain at least 6 feet, mark with signage or tape 6-foot spacing for employees and customers to maintain appropriate distance from one another, provide handwashing stations and hand sanitizer, and regularly clean high-touch surfaces.

For resources related to our guidance, please see:

• Illinois Executive Order 2020-32 (April 30, 2020) (pre-filing copy provided to media and the public) (April 30, 2020) (“This Executive Order is effective as of May 1, 2020: Section 1. Public Health Requirements for Individuals Leaving Home and for Businesses

1. Wearing a face covering in public places or when working. Any individual who is over age two and able to medically tolerate a face-covering (a mask or cloth face-covering) shall be required to cover their nose and mouth with a face-covering when in a public place and unable to maintain a six-foot social distance. Face-coverings are required in public indoor spaces such as stores.

2. Requirements for essential stores. Retail stores (including, but not limited to, stores that sell groceries and medicine, hardware stores, and greenhouses, garden centers, and nurseries) designated as Essential Businesses and Operations under this Order shall to the greatest extent possible: provide face coverings to all employees who are not able to maintain a minimum six-foot social distance at all times; . . .”)

• Press Release, Gov. Pritzker Announces Modified Stay at Home Order Will Be Extended Through May to Continue Progress (April 23, 2020) (“The new executive order will include the following modifications effective May 1: . . . Essential businesses and manufacturers will be required to provide face-coverings to all employees who are not able to maintain six-feet of social distancing, as well as follow new requirements that maximize social distancing and prioritize the well-being of employees and customers. This will include occupancy limits for essential businesses and precautions such as staggering shifts and operating only essential lines for manufacturers.”)

• Illinois Executive Order 2020-32 (April 30, 2020) (“For the purposes of this Executive Order, Essential Businesses and Operations means . . . the following: . . . [[b][/b]b]anks . . .”)

• Illinois Executive Order 2020-32 (April 30, 2020) (“For purposes of this Executive Order, Social Distancing Requirements includes maintaining at least six-foot social distancing from other individuals, washing hands with soap and water for at least twenty seconds as frequently as possible or using hand sanitizer, covering coughs or sneezes (into the sleeve or elbow, not hands), regularly cleaning high-touch surfaces, and not shaking hands,

a. Required measures. Essential Businesses and Operations and businesses engaged in Minimum Basic Operations must take proactive measures to ensure compliance with Social Distancing Requirements, including where possible:

• i. Designate six-foot distances. Designating with signage, tape, or by other means six-foot spacing for employees and customers in line to maintain appropriate distance;
• ii. Hand sanitizer and sanitizing products. Having hand sanitizer and sanitizing products readily available for employees and customers;
• iii. Separate operating hours for vulnerable populations. Implementing separate operating hours for elderly and vulnerable customers; and
• iv. Online and remote access. Posting online whether a facility is open and how best to reach the facility and continue services by phone or remotely.”)
• Illinois Executive Order 2020-32 (April 30, 2020) (“All businesses that have employees physically reporting to a work-site must post the guidance from the Illinois Department of Public Health (IDPH) and Office of the Illinois Attorney General regarding workplace safety during the COVID-19 emergency. The guidance will be posted on the IDPH webpage.”)

Illinois Department of Public Health, Workplace Health and Safety Guidance for Employees and Staff of Businesses (April 30, 2020) (“Pursuant to Executive Order 2020-32 (Stay at Home Order), your employer must comply, to the greatest extent feasible, with social distancing requirements. This means that your employer should:

• Make sure that you can maintain at least 6 feet of physical separation between yourself and others around you, including your co-workers and customers.
• Mark with signage or tape 6-foot spacing for employees and customers to maintain appropriate distance from one another.
• Provide face coverings to employees, especially when it is not possible to maintain at least 6 feet of space between you and another person.
• Provide handwashing stations with soap, clean water, and single use paper towels and encourage frequent handwashing for 20 seconds or longer.
• Provide hand sanitizer (with at least 60% alcohol) & sanitizing products for employees and customers.
• Regularly clean high-touch surfaces including doorknobs, light switches, shared equipment, toilet handles, sink faucets, and clock in/out areas.”)