Skip to content
The COVID Project
  1. Library
  2. Standing duties: Nebraska
  3. DUT-NE-026

Ex. DUT-NE-026 Standing duty Primary source read

Directed Health Measure Order 2020-SCHD-012, guidance clauses (cross-reference to Ex. NE-021; not re-saved)

Directed Health Measure Order 2020-SCHD-012: guidance-adherence clauses

Nebraska DHHS, Chief Medical Officer / Director of Public Health · Nebraska (State)

The COVID Project

The record

Jurisdiction
Nebraska
Level
State
Authority
Neb. Rev. Stat. §§ 71-502 and 81-601; 173 NAC 6 (recited)
Issued
2020-11-09 Nov. 9, 2020
Effective
2020-11-11 12:01 a.m. (read as 2020-11-11)
End
2020-11-30 11:59 p.m. (carried forward in the successor DHMs) (read as 2020-11-30)
In force
Nov. 11, 2020 to Nov. 30, 2020
Quarters
2020 Q4
Limitation types
Workplace rulesOperating condition
Addressees
  • all businesses; religious, wedding and funeral gatherings
Character
guidance incorporated
Collection
Standing duties: Nebraska DUT-NE

Operative words

Other activities... should be limited whenever possible and when allowed should adhere to any State-issued guidance.... 2. All businesses are hereby reminded to follow any COVID-19 related safety guidelines established or published by their respective professional, regulatory, or advisory associations or agencies relating to or regarding the use of personal protective equipment.

Penalty

None attaches to these clauses of themselves

What it required

Recorded exactly: the first clause is a recommendation ('should be limited,' 'should adhere'); the second is a reminder ('are hereby reminded to follow'), not a 'shall,' and its compulsory content is whatever the referenced regulatory guidelines themselves impose (OSHA's PPE standards, 29 C.F.R. § 1910.132, are mandatory; professional-association guidelines are not). Neither clause creates a new command in the order.

Retrieval note

Honesty rule applied: these clauses are pleaded as recommendations and reminders; the compulsion in Nebraska lies in the 'shall require' clauses (DUT-NE-025), 173 NAC 6 (DUT-NE-004), the workplace statutes (DUT-NE-006, DUT-NE-014, DUT-NE-016, DUT-NE-017) and, from May 26, 2021, LB 139 (DUT-NE-019).