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60 Infrastructure 1 (2020-2021)

handle is hein.journals/infrastr60 and id is 1 raw text is: SB NRSTUTR N REUAE IDSRE SC IO str turi Vol. 60, No. 1, Fall 2020 Managing Critical Infrastructure During the COVID-19 Pandemic By Kevin W. Jones The continuing outbreak of the novel coronavi- rus disease (COVID-19) has upended business as usual. New cases continue to grow, and govern- ments around the world have implemented a variety of measures in an effort to slow the spread of the virus and mitigate the strain that it has placed on healthcare sys- tems.' Following some background and an overview of the disease characteristics of COVID-19, this article discusses measures for facilitating the continued avail- ability of mission-critical personnel and relevant legal considerations. Background To address the pandemic, gov- ernments have issued a range of mandates and official guidance regarding social distancing, face cov- erings, and business closures and restrictions aimed at limiting trans- mission among individuals in close contact. Businesses responsibleJones Kevin W Jones (kjones@HuntonAK.com) is a partner at Hunton Andrews Kurth LLP in the Energy and Infrastructure practice, and he is cochair of the firm's Energy Sector Security Team. Contributions to this article were provided by Paul M. Tiao, a partner in the firm's Privacy and Cybersecurity practice and cochair of the firm's Energy Sector Security Team; Susan F Wiltsie, a partner in the firm's Labor and Employment practice; and Matt A. Stuart, a senior attorney in the firm's Oil, Gas & LNG practice. Special thanks to Mark A. Rausch, MD, FACE, CEO of Secure Health, a medical testing and monitoring company, for his review of this article. for critical infrastructure, however, must continue cer- tain operations in the challenging environment of the pandemic. In recognition of this, essential critical infrastructure workers have been exempted from various stay-at- home orders.2 This reality presents unique challenges for critical infrastructure operators, especially since many critical infrastructure workers cannot work remotely and often must work in close proximity to one another, whether in a control room, as part of a maintenance crew, or in an essential production facility. This height- ens the risk of infection for individual workers and continued on page 12 Published in Infrastructure, Volume 60, Number 1, Fall 2020. @ 2020 American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.

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