New Jersey EO 252 (Aug. 6, 2021) and EO 264 (Sept. 20, 2021)

The record

Jurisdiction

New Jersey

Level

State

Authority

N.J.S.A. App. A:9-33 et seq. (State of Emergency); P.L. 2021, c. 103, sec. 5

Issued

2021-08-06 Aug. 6, 2021

Effective

2021-08-06 (immediately); vaccination-or-testing requirement "shall take effect on September 7, 2021" (read as 2021-08-06)

End

Until revoked or modified (superseded in 2022 by EO 283 and later orders, outside the period) (read as 2021-09-30)

In force

Aug. 6, 2021 to Sept. 30, 2021

Quarters

2021 Q3

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

Limitation types

Health care ordersWorkplace rulesVaccination or testingQuarantine and isolation

Addressees

• covered health care facilities and high-risk congregate settings
• covered workers: employees full- and part-time, contractors and other individuals working in covered settings including operational, custodial and administrative staff
• local public health departments (reporting)

Functions reached

• HR credentialing, onboarding and verification of vaccination status for every worker and contractor
• IC infection control (weekly or twice-weekly testing; tracking; reporting to local health departments)
• WF workforce (unvaccinated staff tested on an ongoing basis)
• SC contractors and vendors working in covered settings
• CB counterparties: hospitals, nursing facilities, dialysis and day care programs bound by the same rule

Collection

New Jersey NJ

Operative words

Para. 1: "Covered health care and high-risk congregate settings ('covered settings') must maintain a policy that requires covered workers to either provide adequate proof that they have been fully vaccinated or submit to COVID-19 testing at minimum one to two times weekly. This requirement shall take effect on September 7, 2021, at which time any covered workers that have not provided adequate proof that they are fully vaccinated must submit to weekly or twice weekly testing on an ongoing basis until fully vaccinated." Para. 4: "Covered settings must have a policy for tracking test results from testing required by this Order and must report results to local public health departments." Para. 5: covered settings defined to include "acute, pediatric, inpatient rehabilitation, and psychiatric hospitals, including specialty hospitals, and ambulatory surgical centers; long-term care facilities; intermediate care facilities; residential detox, short-term, and long-term residential substance abuse disorder treatment facilities; clinic-based settings like ambulatory care, urgent care clinics, dialysis centers, Federally Qualified Health Centers, family planning sites, and Opioid Treatment Programs; community-based healthcare settings including Program of All-inclusive Care for the Elderly, pediatric and adult medical day care programs, and licensed home health agencies and registered health care service firms operating within the State" and "State and county correctional facilities... licensed community residences... and certified day programs"; "Long-term care facilities that are subject to New Jersey Department of Health ('DOH') Executive Directive No. 20-026 and all subsequent supplemental directives, issued in reliance on the existence of the Public Health Emergency, which remain in effect until January 11, 2022, pursuant to P.L.2021, c.103, must continue to follow any additional requirements in those directives regarding testing." Para. 6: "'covered workers' shall include employees, both full- and part-time, contractors, and other individuals working in covered settings, including individuals providing operational or custodial services or administrative support." Para. 7: workers "for whom vaccination status is unknown or who have not provided sufficient proof of documentation, must be considered unvaccinated".

Enforcement

Notes