The COVID Project
The record
- Jurisdiction
- Indiana
- Level
- State
- Authority
- Ind. Code 16-19-3 (general powers); issued as guidance, not as a rule or order
- Issued
- 2020-07-20 July 20, 2020
- Effective
- 2020-07-20 (guidance; describes EO 20-08, EO 20-18 and the Back on Track plan) (read as 2020-07-20)
- End
- Superseded by later ISDH guidance; the executive orders it describes ended as recorded in Exs. IN-006, IN-016, IN-024 (read as 2021-06-30)
- In force
- July 20, 2020 to June 30, 2021
- Quarters
- 2020 Q32020 Q42021 Q12021 Q2
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Workplace rulesQuarantine and isolation
- Addressees
- employers (with separate sections for essential critical-infrastructure employers and health care employers)
- Character
- recommendation only
- Collection
- Standing duties: Indiana DUT-IN
Operative words
Pre-Screen: Employers should measure the employee's temperature and assess symptoms prior to them starting work. Ideally, temperature checks should happen before the individual enters the facility.... Employees with the signs and symptoms above should immediately enter self-isolation at home.
Penalty
None in the document; the incorporating orders carried the Class B misdemeanor (Exs. IN-016, IN-024) and the IOSHA civil penalties (Ex. DUT-IN-005)
What it required
Recorded as a recommendation: the document's operative verb is 'should' throughout (exposed critical-infrastructure workers 'should' be pre-screened, wear a mask at all times in the workplace for 14 days and maintain six feet; sick employees 'should be separated from other employees and sent home immediately'; 'The sick employee's access to the business should be restricted until they have recovered'). Its legal effect came from the instruments that incorporated the CDC and ISDH measures: EO 20-18 ('must utilize or employ other CDC recommended sanitation measures,' Ex. IN-016), EO 20-26 para. 4(a) (mandatory employer plan including 'an employee health screening process' and 'social distancing requirements established by the CDC,' Ex. IN-024) and IOSHA's general-duty enforcement against CDC business guidance (Ex. DUT-IN-020).
Retrieval noteThe document opens by reciting EO 20-08 (Mar. 23, 2020), EO 20-18 (Apr. 6, 2020) and the May 4, 2020 Back on Track plan, and states that 'Workers at Essential Businesses and Operations... are exempt from these directives'; it then adopts the CDC's differentiated management of exposed critical-infrastructure workers. Its final page notes that local health officers 'are encouraged to consider the benefits of a standardized' approach under Home Rule. Recommendation recorded as recommendation.