Are you an “Essential Worker”?

With the spread of the coronavirus, restrictions are being placed on all but the “essential workers” in the economy. Healthcare workers and first responders clearly are “essential workers.” But the definition doesn’t end there.

The Cybersecurity and Infrastructure Security Agency (“CISA”) is responsible for managing risk to critical national infrastructure. This new federal agency – an operational component under the Department of Homeland Security – sprang into existence in November 2018 with the passage of the Cybersecurity and Infrastructure Security Agency Act of 2018.

As noted on its webpage, the Agency has identified the sectors of the economy that are critical for “both public health and safety as well as community well-being.” Those sectors include a robust cross-section of American life:

      • Chemical Sector
      • Commercial Facilities Sector
      • Communications Sector
      • Critical Manufacturing Sector
      • Dams Sector
      • Defense Industrial Base Sector
      • Emergency Services Sector
      • Energy Sector
      • Financial Services Sector
      • Food and Agriculture Sector
      • Government Facilities Sector
      • Healthcare and Public Health Sector
      • Information Technology Sector
      • Nuclear Reactors, Materials, and Waste Sector
      • Transportation Systems Sector
      • Water and Wastewater Systems Sector

In short, “essential workers” are those women and men who help keep us alive and safe, especially during times of crisis.

While CISA provides guidance on what constitutes a critical sector of the economy, specific response efforts are “locally executed, State managed, and federally supported,” according to a March 19, 2020 Memorandum. Thus, response efforts will vary from state to state (and possibly from region to region within a state).

It can be a bit humbling to realize that you’re not “essential.” As a lawyer friend of mine observed, “19 years of education, 30 plus years of experience, and I’m still not ‘essential.’” I can relate.

To all the essential workers, thank you for your service.