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Ex. DUT-TX-020 Standing duty Primary source read

Open Texas, Minimum Standard Health Protocols: Checklist for All Employers (version archived May 12, 2020)

Minimum Standard Health Protocols: Checklist for All Employers

Governor Greg Abbott (Governor's Strike Force to Open Texas) with the Texas Department of State Health Services · Texas (State)

The COVID Project

The record

Jurisdiction
Texas
Level
State
Authority
Executive Orders GA-18, GA-21, GA-23, GA-26, GA-28, GA-30 and GA-32 (incorporating 'the minimum standard health protocols recommended by DSHS')
Issued
2020-05-12 May 12, 2020
Effective
2020-04-27 (GA-18); this version from May 2020 (read as 2020-04-27)
End
2021-03-10 (GA-34 replaced 'should... follow the minimum standard health protocols recommended by DSHS' with 'strongly encouraged... to follow the... DSHS health recommendations,' Ex. TX-029) (read as 2021-03-10)
In force
Apr. 27, 2020 to Mar. 10, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q1
Limitation types
Face-covering requirementWorkplace rulesOperating condition
Addressees
  • employers ('all businesses choosing to operate in Texas')
Character
guidance incorporated
Collection
Standing duties: Texas DUT-TX

Operative words

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

Penalty

None in the checklist itself; the incorporating instruments supply the consequence (§ 418.173 for the orders' operating conditions; loss of the § 148.003 shield; OSHA general duty citations)

What it required

The protocol text is a recommendation in its own words ('minimum recommended health protocols'; 'should rigorously follow'): 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' incorporation clauses ('should follow,' Exs. TX-011, TX-014, TX-016, TX-019, TX-021, TX-023, TX-025), Labor Code § 411.103's command to take 'all other actions reasonably necessary' (Ex. DUT-TX-013), the federal general duty clause (Ex. DUT-AL-009) and the compliance condition of Civ. Prac. & Rem. Code § 148.003(a)(1)(B) (Ex. DUT-TX-015), which made these 'government-promulgated standards, guidance, or protocols' the standard of care.

Retrieval note

The April 27, 2020 version, which opens 'In accordance with Governor Abbott's executive order GA-18, the following are the minimum recommended health protocols for all businesses choosing to operate in Texas,' is at pages 20-21 of Ex. TX-043; the sector checklists for retailers, restaurants and others are in the same report, and the TDLR-posted checklists for salons and barber shops are Exs. AGY-ST-TRADE-BOARDS-010 to 012. Honesty rule applied: recorded as a recommendation; compulsory only through the incorporating instruments named.