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Ex. NJ-036 Order Primary source read

Executive Order No. 192 (2020)

Mandatory health and safety standards for every employer that requires or permits an in-person workforce (six-foot distancing, masks, sanitizer, hand-hygiene breaks, disinfection, daily health checks, exclusion of symptomatic workers, exposure notification), enforced through the Department of Labor and Workforce Development and the Department of Health

Governor Philip D. Murphy · New Jersey (State)

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The COVID Project

The record

Jurisdiction
New Jersey
Level
State
Authority
N.J.S.A. App. A:9-33 et seq.; N.J.S.A. 26:13-1 et seq.
Issued
2020-10-28 Oct. 28, 2020
Effective
2020-11-05 at 6:00 a.m. (read as 2020-11-05)
End
Until revoked or modified; masking and distancing requirements for vaccinated employees in non-public workplaces relaxed by EO 243 para. 2 (June 4, 2021) and the indoor public-space requirement lifted by EO 242 para. 1 (May 28, 2021); EO 243 para. 1 (June 4, 2021) directed that businesses requiring staff on site "must continue to follow the provisions of Executive Order No. 192 (2020)"; as an EHPA-based order not listed in P.L. 2021, c. 103, sec. 1(1)-(13), its free-standing force after July 4, 2021 depends on whether item (14) ("the most recent executive order containing general... mitigation measures regarding face coverings, social distancing, and gatherings") is read to carry EO 242 and EO 243, which incorporate EO 192 by reference, to January 1, 2022 (inference; see notes) (read as 2021-06-04)
In force
Nov. 5, 2020 to June 4, 2021
Quarters
2020 Q42021 Q12021 Q2
Limitation types
Face-covering requirementWorkplace rulesOther
Addressees
  • every business, non-profit, and governmental or educational entity that requires or permits its workforce to be physically present at a worksite
  • employees, customers and visitors
Functions reached
  • OF/OP every office and worksite (distancing, masks, daily screening)
  • HR orientation, training and onboarding under the six-foot rule
  • PF/WH plants and warehouses
  • SF/DR/SL customer-facing premises (masks for customers and visitors)
  • WF daily health checks and exclusion of symptomatic workers
Collection
New Jersey NJ

Operative words

Para. 1: "every business, non-profit, and governmental or educational entity... that requires or permits its workforce, whether in part or as a whole, to be physically present at a worksite to perform work is required to abide by the following requirements, at minimum, to protect employees, customers, and all others who come into physical contact with its operations: a. Require that individuals at the worksite maintain at least six feet of distance from one another to the maximum extent possible, including but not limited to during worksite meetings, orientations and similar activities... b. Require employees, customers, visitors, and other individuals entering the worksite to wear cloth or disposable face masks while on the premises... Employers must make available, at their expense, such face masks to their employees... Employers may deny entry to the worksite to any employee who declines to wear a face mask... c. Provide sanitization materials... at no cost to those individuals; d. Ensure that employees practice regular hand hygiene... and provide employees break time for repeated handwashing throughout the workday... e. Routinely clean and disinfect all high-touch areas... f. [g. exclusion of symptomatic employees; h. prompt notification of exposures; i. cleaning after a case]. Para. 2: the requirements do not apply where they interfere with first responders, health care, transit and similar operational duties. Para. 3: does not apply to the United States government or to religious institutions where the protocols would prohibit free exercise.

Enforcement

N.J.S.A. App. A:9-49 and -50; complaint, inspection and enforcement mechanism administered by the Department of Labor and Workforce Development with the Department of Health (order paras. 4-7); employers may deny worksite entry to non-compliant employees

Notes

The universal employer order: every in-person worksite in New Jersey, from November 5, 2020, ran under State-mandated screening, masking, distancing and sanitation, with a State enforcement mechanism. For Q3 2021, drafters plead its continuing requirements through EO 242 paras. 3 and 6 and EO 243 paras. 1-4, which carry them forward by reference and fall within c. 103, sec. 1(14) on the inference stated in the end field.

Retrieval note

Read from nj.gov in full. The identification of EO 242/243 as the c. 103, sec. the Legislature's own list does not name EO 192.

A record of The COVID Project. The instrument's text is the source's; the summary fields are The COVID Project's reading of it. Not legal advice.