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
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- 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 noteThe 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.