{"id":"DUT-TX-020","kind":"duty","level":"state","jurisdiction":"Texas","state":"TX","metro":"","industry":"","agency":"","eco":"","issuer":"Governor Greg Abbott (Governor\u0027s Strike Force to Open Texas) with the Texas Department of State Health Services","authority":"Executive Orders GA-18, GA-21, GA-23, GA-26, GA-28, GA-30 and GA-32 (incorporating \u0027the minimum standard health protocols recommended by DSHS\u0027)","instrument":"Open Texas, Minimum Standard Health Protocols: Checklist for All Employers (version archived May 12, 2020)","title":"Minimum Standard Health Protocols: Checklist for All Employers","dateIssued":"2020-05-12","effective":"2020-04-27 (GA-18); this version from May 2020","end":"2021-03-10 (GA-34 replaced \u0027should... follow the minimum standard health protocols recommended by DSHS\u0027 with \u0027strongly encouraged... to follow the... DSHS health recommendations,\u0027 Ex. TX-029)","startDate":"2020-04-27","endDate":"2021-03-10","quarters":["2020Q2","2020Q3","2020Q4","2021Q1"],"types":["EMP","COND","MASK"],"addressees":["employers (\u0027all businesses choosing to operate in Texas\u0027)"],"clause":"The following are the minimum recommended health protocols for all businesses choosing to operate in Texas. Employers may adopt additional protocols consistent with their specific needs and circumstances to help protect the health and safety of all employees, contractors, and customers.... everyone should rigorously follow the practices specified in these protocols","enforcement":"None in the checklist itself; the incorporating instruments supply the consequence (§ 418.173 for the orders\u0027 operating conditions; loss of the § 148.003 shield; OSHA general duty citations)","functions":[],"notes":"The protocol text is a recommendation in its own words (\u0027minimum recommended health protocols\u0027; \u0027should rigorously follow\u0027): train all employees on cleaning, disinfection, hand hygiene and respiratory etiquette; screen employees and contractors before entry and send home anyone with listed symptoms; distancing, sanitation and face-covering practices. It became compulsory through the instruments that incorporated it: the executive orders\u0027 incorporation clauses (\u0027should follow,\u0027 Exs. TX-011, TX-014, TX-016, TX-019, TX-021, TX-023, TX-025), Labor Code § 411.103\u0027s command to take \u0027all other actions reasonably necessary\u0027 (Ex. DUT-TX-013), the federal general duty clause (Ex. DUT-AL-009) and the compliance condition of Civ. Prac. \u0026 Rem. Code § 148.003(a)(1)(B) (Ex. DUT-TX-015), which made these \u0027government-promulgated standards, guidance, or protocols\u0027 the standard of care.","sourceUrl":"https://gov.texas.gov/uploads/files/organization/opentexas/OpenTexas-Checklist-Employers.pdf","snapshot":"https://web.archive.org/web/20200512204439/https://gov.texas.gov/uploads/files/organization/opentexas/OpenTexas-Checklist-Employers.pdf","fileExists":true,"fileBytes":647834,"grade":"primary","character":"guidance_incorporated","description":"","collection":"DUT-TX","url":"/library/DUT-TX-020","exhibitUrl":"/exhibit/DUT-TX-020","citation":"Governor Greg Abbott (Governor\u0027s Strike Force to Open Texas) with the Texas Department of State Health Services, Open Texas, Minimum Standard Health Protocols: Checklist for All Employers (version archived May 12, 2020) (Ex. DUT-TX-020)","stateName":"Texas","related":["TX-029","TX-011","TX-014","TX-016","TX-019","TX-021","TX-023","TX-025","DUT-TX-013","DUT-AL-009","DUT-TX-015","TX-043"]}