Eligibility report

Governmental Orders Record and Eligibility Analysis

California

2021 Q3

Prepared by The COVID Project, Sept. 30, 2026. 258 instruments cited; 253 exhibit files held. Not legal advice.

The COVID Projectcovidproject.com/report?state=CA&quarters=2021Q3&federal=1&agencies=1&duties=1&meetings=1&answers=1

1. About this report

Prepared by The COVID Project, Sept. 30, 2026. Selection: State California and no metropolitan area (elsewhere in the State). Quarters: third quarter of 2021 (July 1, 2021 to Sept. 30, 2021). Options: the federal layer, agencies and boards, standing duties, group meetings and trade shows and the Service's fourteen sentences answered.

This report is a record of the governmental orders and related instruments that The COVID Project has retrieved, verified and indexed for the State, metropolitan area, industry and calendar quarters selected. Each instrument appears with its issuer, its number and title, its dates, the quarters in which it was in force, the functions of a business it reached, its operative words, its enforcement provision, a citation and an exhibit identifier. Every exhibit identifier resolves to the instrument's record at covidproject.com/library, and to the exhibit file, where held, at covidproject.com/exhibit.

The report is assembled from public governmental instruments, published organizer notices, published legal authorities and public court filings, and it reports what those documents say and when they were in force. It lists the instruments The COVID Project has verified and no others, so every count in it is a floor. It is not a filing, and it does not determine any person's eligibility for the Employee Retention Credit.

The report reproduces at covidproject.com/report?state=CA&quarters=2021Q3&federal=1&agencies=1&duties=1&meetings=1&answers=1. Every exhibit identifier in it resolves at covidproject.com/library/ followed by the identifier, and the exhibit file, where held, at covidproject.com/exhibit/ followed by the identifier.

Disclaimer

The COVID Project is a free public reference. This report is generated from public governmental instruments, published organizer notices, published legal authorities and public court filings that The COVID Project has retrieved and indexed; it reports what those documents say and when they were in force. It is not legal, tax or accounting advice, it does not create any professional relationship, it does not determine any person's eligibility for the Employee Retention Credit or the amount of any credit, and it is not a count of every order that existed. The COVID Project sells nothing and represents no one. Errors in any record can be reported through covidproject.com/contact with the exhibit identifier, and corrections are recorded with their dates.

2. Summary of findings

For each quarter selected, this section states what was in force for this selection on the quarter's first and last days, in the words of the Library's own quarter-by-quarter record for the State, the metropolitan area, the industry's regulators and the federal layer. Exhibit identifiers in parentheses name the instruments. The table that follows counts the instruments listed in section 5 by layer and quarter.

The federal layer of this report is the Library's two federal files: FED-A, the health, safety and transport layer, and FED-B, the commerce, travel, workplace and finance layer, including the orders of the federal courts those files hold. The ecosystem clusters and the federal agency clusters are listed in the Library's federal layer at covidproject.com/federal and are not part of this report's federal layer; a quarter page counts every federal-level instrument of the quarter across those clusters as well, so its figure is the larger of the two.

Third quarter of 2021 (July 1, 2021 to Sept. 30, 2021)

California, first day (July 1, 2021): July 1, 2021: everything in force on June 30, 2021 (CA-001, CA-029, CA-024, CA-067, CA-028, CA-061, CA-062, CA-065, CA-022) plus the June 15, 2021 face-coverings guidance (superseded July 28 by CA-035).

California, last day (Sept. 30, 2021): Sept. 30, 2021: SPHO Order of June 11 (CA-029; posted Sept. 21, CA-036); face-coverings guidance of July 28 (CA-035); K-12 masking and modified quarantine (CA-034); ETS (CA-024); July 26 order on health-care, dental, clinic, congregate and shelter workers from Aug. 9 (CA-031); Aug. 5 health-care-worker vaccination deadline of Sept. 30 (CA-030); Aug. 5 visitor order from Aug. 11 (CA-032); Aug. 11 school-worker order (CA-033); Aug. 19 correctional order (CA-038); Sept. 28 adult-care and direct-care order (CA-037); State-employee policy from Aug. 2 (CA-039); SB 95 and AB 832 through Sept. 30 (CA-061, CA-062); AB 685 (CA-065); N-08-21 provisions through Sept. 30 (CA-028); State of Emergency (CA-001); county mask and vaccination-proof orders (metro files).

The federal health, safety and transport layer, first day (July 1, 2021): July 1, 2021: national emergency (FED-001/002), nationwide Stafford emergency and all 51 major disasters (FED-006, FED-100 to FED-150), PHE (FED-015); CDC conveyance mask order (FED-020) and TSA SD 1582/84-21-01A and aviation successors (FED-051, FED-053 to FED-056); inbound testing order (FED-042); Conditional Sailing Order and Technical Instructions (FED-031/032); Title 42 order of Oct. 13, 2020 (FED-037); CDC eviction moratorium to July 31 (FED-025); EO 13991, 13998, 13999 (FED-060 to FED-062); DHS transportation emergency (FED-057); DPA delegations and scarce-materials designation (FED-070 to FED-074); OSHA Healthcare ETS with compliance due July 6 and July 21 (FED-080), DIR 2021-02 (FED-081), NEP DIR 2021-01 (FED-082, to July 7); CMS-1744/5531/3401/9912/3414-IFC (FED-090 to FED-094), QSO-20-38-NH (FED-168), QSO-20-39-NH rev. Apr. 27, 2021 (FED-156), QSO-21-19-NH (FED-163), QSO-20-13, -18, -20, -29, -31, -35 (FED-096, FED-098, FED-099, FED-161, FED-165, FED-166); § 1135 blanket waivers (FED-160); PREP Act and § 564 declarations (FED-180 to FED-184); HHS telehealth enforcement discretion (FED-194); FEMA 100 percent cost-share memoranda (FED-007/008).

The federal health, safety and transport layer, last day (Sept. 30, 2021): Sept. 30, 2021: national emergency and Stafford declarations; PHE renewed July 20 (FED-016); CDC conveyance mask order (FED-020) and TSA SD 1582/84-21-01B from Sept. 14 (FED-052) with aviation successors; inbound testing order (FED-042); Conditional Sailing Order (FED-031); Title 42 reassessment order of Aug. 2 (FED-038); EO 13991, 13998, 13999; EO 14042 and 14043 signed Sept. 9 (FED-063, FED-064; no private-contractor obligation before Oct. 15, 2021); DHS transportation emergency; DPA delegations; OSHA Healthcare ETS in full effect (FED-080), DIR 2021-02 (FED-081), revised NEP DIR 2021-03 from July 7 (FED-083), Updated Interim Enforcement Response Plan (FED-084); CMS rules FED-090 to FED-094, FED-160, FED-168, FED-156, FED-163; presidential memorandum of Aug. 17 (FED-009); telehealth discretion (FED-194). Not in force on this day: the CDC eviction moratorium (ended July 31; successor Aug. 3-26, FED-026), the FEMA PPE export rule (expired June 30), the FFCRA mandate (ended Dec. 31, 2020), the OSHA vaccination-or-testing ETS and CMS staff vaccination rule (issued Nov. 5, 2021), the CDC orders of Oct. 25, 2021.

The federal commerce, travel, workplace and finance layer, first day (July 1, 2021): In force: Proclamations 9984, 9992, 10143, 10199 (FED-200, FED-201, FED-207, FED-208); DHS land-border notification of June 23, 2021 (non-essential travel prohibited; to July 21) (FED-232, FED-255); EO 13991, M-21-15 (other than occupancy) and M-21-25 reentry planning (FED-270, FED-271); DoD Mar. 15, 2021 travel restrictions (FED-280); federal courts: N.D. Ill. GO 21-0006 (amended May 26) and Fifth Amended GO 20-0022 (FED-297, FED-301); D.N.J. SO 20-13 (masks) and SO 21-04 as amended (FED-302, FED-306); D. Md. Amended SO 2021-07 (FED-313); N.D. Cal. GO 78 (FED-337); C.D. Cal. Order 20-078 (masks) (FED-285); finance: FHFA, HUD, VA and USDA foreclosure and eviction moratoria through July 31, 2021 (FED-354, FED-364, FED-378, FED-384); CARES Act § 4022 forbearance (FED-340); HUD and VA forbearance request windows to Sept. 30, 2021 (FED-364, FED-378); interagency loan-modification statement and CARES § 4013 relief (FED-342); student-loan payment pause (FED-345); H.Res. 965 (FED-398).

The federal commerce, travel, workplace and finance layer, last day (Sept. 30, 2021): In force: Proclamations 9984, 9992, 10143, 10199 (revoked only on Nov. 8, 2021) (FED-209); DHS land-border notification of Sept. 22, 2021 (to Oct. 21; non-essential travel still prohibited) (FED-235, FED-258); EO 13991 with the Task Force Model Safety Principles of July 29, 2021 (masks regardless of vaccination status in substantial/high-transmission areas; vaccination attestation; visitor vaccination-status disclosure; agency-head approval for events over 50) (FED-272), the Certification of Vaccination form (FED-278), the Sept. 13 update (FED-273), EO 14042 and EO 14043 (Sept. 9) (FED-A), the contractor guidance (Sept. 24) and OMB determination (Sept. 28) (FED-274, FED-275); DoD Mar. 15, 2021 travel restrictions (FED-280); federal courts: N.D. Ill. Third Amended face-covering order (July 30), Amended GO 21-0006 (Sept. 15, effective Sept. 20: vaccination or testing for courtroom presence), GO 21-0033 (Sept. 20: employee and contractor vaccination) and Fifth Amended GO 20-0022 (video criminal proceedings to Oct. 4) (FED-299, FED-298, FED-300, FED-301); D.N.J. Updated Amended SO 21-04 (Sept. 3: one jury selection per vicinage; universal masks; temperature screening) and SO 21-08 (Sept. 13: visitor vaccination or testing) with SO 20-13 masks (FED-307, FED-308, FED-302); D. Md. Amended SO 2021-07 entry exclusions (FED-313); N.D. Cal. GO 78 protocols and remote criminal proceedings (FED-337); C.D. Cal. Order 20-078 masks (until Oct. 1, 2021) (FED-285); finance: FHFA REO eviction moratorium, VA Circular 26-21-14 foreclosure-related eviction moratorium, HUD eviction moratorium and USDA eviction moratorium, all through Sept. 30, 2021 (FED-355, FED-379, FED-364, FED-385); CFPB Regulation X procedural safeguards from Aug. 31, 2021 (FED-344); HUD ML 2021-18 recovery loss-mitigation review (FED-365); HUD and VA forbearance request windows to Sept. 30, 2021 and VA Circular 26-21-20 (Sept. 29) extending them (FED-364, FED-378, FED-380); CARES § 4022 forbearance (FED-340); student-loan payment pause (extended Aug. 6, 2021 to Jan. 31, 2022) (FED-345).

Instruments in the Library for this selection, by layer and quarter (an instrument in force in several quarters is counted in each; the total counts it once).

Layer	2021 Q3	Total
Federal layer	167	167
State of California	27	27
Agencies, boards and authorities	46	46
Standing duties	44	44
All layers	284	284

3. The statute and the test

An employer is an eligible employer for a calendar quarter under the governmental-orders test if

the operation of the trade or business described in clause (i) is fully or partially suspended during the calendar quarter due to orders from an appropriate governmental authority limiting commerce, travel, or group meetings (for commercial, social, religious, or other purposes) due to the coronavirus disease 2019 (COVID-19)
CARES Act § 2301(c)(2)(A)(ii)(I), Pub. L. 116-136, 134 Stat. 281, 348; I.R.C. § 3134(c)(2)(A)(ii)(I), 135 Stat. 4, 177

Congress enacted those words four times and never changed them. The Coronavirus Aid, Relief, and Economic Security Act of March 27, 2020 enacted the Suspension Clause at section 2301(c)(2)(A)(ii)(I), Pub. L. 116-136, 134 Stat. 281, 347-48, for wages paid after March 12, 2020 and before January 1, 2021 (§ 2301(m), 134 Stat. 351) (Ex. LAW-001). The Taxpayer Certainty and Disaster Tax Relief Act of 2020, Pub. L. 116-260, div. EE, §§ 206-207, 134 Stat. 1182, 3059-65 (Dec. 27, 2020), extended the credit to wages paid before July 1, 2021 and raised its rate to 70 percent; neither section touched the clause (Ex. LAW-002).

The American Rescue Plan Act of 2021, Pub. L. 117-2, § 9651, 135 Stat. 4, 176 (Mar. 11, 2021), added section 3134 to the Internal Revenue Code, whose heading repeats the CARES Act title and whose Suspension Clause reappears word for word at 135 Stat. 177, for wages paid after June 30, 2021 (§ 3134(n), 135 Stat. 182) (Ex. LAW-003). The Infrastructure Investment and Jobs Act, Pub. L. 117-58, § 80604, 135 Stat. 429, 1341 (Nov. 15, 2021), ended the credit for calendar quarters beginning after September 30, 2021, and left the third quarter of 2021 in place (Ex. LAW-004).

The clause has seven elements, taken in the statute's order: orders; from an appropriate governmental authority; limiting commerce, travel, or group meetings (for commercial, social, religious, or other purposes); due to COVID-19; the operation of the trade or business fully or partially suspended; during the calendar quarter; and due to those orders. The words "essential," "comparable operations," "telework," "customers," "voluntary," "more than nominal," "10 percent," "directed at," "jurisdiction over the employer," "proximate," "independent" and "sufficient" appear in none of the four enactments. The credit runs by calendar quarter; the six quarters the clause governs are the second, third and fourth quarters of 2020 and the first, second and third quarters of 2021.

The partial-suspension test and how this report applies it

In this report the Internal Revenue Service is the "Service," the Government as a litigant is the "United States," Notice 2021-20, 2021-11 I.R.B. 922, is the "Notice," and the statutory text above is the "Suspension Clause." Tri-State is Tri-State Memorial Hospital v. United States, No. 2:25-cv-0181-TOR, ECF No. 38 (E.D. Wash. May 28, 2026), the one federal decision construing the clause's words. Doc. 44 is the United States' opposition and cross-motion for summary judgment in Stenson Tamaddon, LLC v. IRS, No. 2:24-cv-01123-SPL (D. Ariz. Jan. 6, 2025), ECF No. 44; Doc. 49 is the summary-judgment order in that case of June 20, 2025; and the Br. for Appellees is the United States' brief in the appeal, No. 25-4217 (9th Cir. Jan. 30, 2026).

The statute controls, and the Notice does not. The United States has told two federal courts so: the Notice "is merely guidance" and "lacks the force of law" (Doc. 44 at 19); "the United States is not arguing that the IRS interpretation has the force of law or is entitled to deference" (Doc. 44 at 31 & n.8); "[w]hether Notice 2021-20 exists or not, the statute will control whether a refund is warranted" (Doc. 44 at 24). The court held that "the Notice carries no force of law and is entitled to no deference" (Doc. 49 at 27) and that the ten percent figure "is not an exclusionary cut-off point, but rather a safe harbor" (Doc. 49 at 26). In the Ninth Circuit the United States called the Notice "nonbinding guidance," its ten percent provision "a quintessential safe harbor," and wrote that "[t]here is no question of deference here" (Br. for Appellees at 26, 37-38, 58).

"Fully or partially suspended" means what the words say. On definitions both parties agreed, Tri-State held: "a 'partial suspension' is a temporary delay, interruption, or termination of a portion an employer's business. The language is plain" (Tri-State at 8-9). The court refused to read "more than nominal" as "significant": "the plain language and ordinary meaning of partial and nominal do not suggest either of those interpretations" (Tri-State at 10-11). The Notice's ten percent rules are "only administrative guidance"; "the IRS Notice provides a method for the test to be met not as a requirement to meet the test" (Tri-State at 15-16). "Due to" means "because of," which "[b]oth Plaintiff and Defendant agree" (Tri-State at 17), and "the Court recognizes that 'due to' requires 'but-for' causation" (Tri-State at 19). The argument that the virus rather than the order caused the changes fails: "[s]ick patients and employees alone did not require additional protocols" (Tri-State at 20-21).

This report applies the test in five steps, with the instruments the Library holds for your selection and no others. Step one, the order: the issuer, the instrument by number and title, its dates and its exhibit; the Service's own Q&A-10 treats "orders, proclamations, or decrees" as orders "without regard to the level of enforcement" (Notice 2021-20, Q&A-10, at 927-28). Step two, the function it reached: the part of the business the order governed, whether the customer-facing floor, the back of house, the office, the workforce, the supply chain or the customer base. Step three, the change it compelled: the operative words, quoted from the instrument, and the sanction behind them. Step four, the quarter: the days on which the instrument was in force, tested against its dates. Step five, the statute's answer: a function is a portion of the operation; a compelled change is a delay, interruption or termination of that portion; but for the order no law required it; and on the definitions the United States agreed to, the operation was partially suspended during the quarter due to the order.

The statute does not ask whether the business was "essential" or stayed open: the Notice's own Q&A-17, Example 4, calls an open hospital under an elective-procedure order partially suspended (Q&A-17, at 930). It does not ask whether the business could telework: Q&A-15 finds a partial suspension wherever a workplace closure "causes the employer to suspend business operations for certain purposes, but not others" (Q&A-15, at 929). It does not ask whose customers were under orders: "a business may be suspended 'due to' a government order addressing a third party" (Br. for Appellees at 41). It does not ask whether a compelled measure was "voluntary": Q&A-14 reaches only a suspension "not due to a governmental order" (Q&A-14, at 929). And it does not ask for a percentage: "The 10 percent is not determinative ... Properly understood, it isn't an eligibility requirement" (Doc. 44 at 14). The Service's letters ask each of those questions. The statute asks one, and this report answers it, instrument by instrument.

How this report was assembled

The report is drawn from The COVID Project's Orders Library, which indexes the governmental orders that limited commerce, travel and group meetings in the United States from March 2020 through September 30, 2021. The Library is organized in layers, and the report walks them in order for your selection: the federal layer (proclamations, executive orders, agency orders and rules, and the federal courts' general orders); your State, from its first declaration to the instrument that ended its general restrictions; your metropolitan area's health officers, mayors and courts; the sector regulators of your industry (licensing boards, health departments, alcohol and gaming regulators, labor agencies and federal program rules); the clusters of authorities that are easy to overlook (ports, aviation, courts, motor-vehicle offices, tribal and territorial governments); the standing duties of your State and of the United States (communicable-disease, workplace-safety and liability-shield statutes); and the organizers' notices of the trade shows, conventions, seasons and tournaments your industry lost.

Every record carries one of two grades, and the report shows only these two. Primary source read means the compiler read the issuing authority's own text: the order as published, the register page, the codified rule, the court's docket entry. Confirmed from a secondary source means the instrument's existence, number, date and substance were established from an identifiable secondary source and the primary text was not read. Records graded unverified or not retrieved never appear. Every exhibit was retrieved from the issuing authority's site or from the Internet Archive's capture of it, kept only if its text contained a distinctive phrase of the instrument, hashed at retrieval and re-checked by a second reviewer.

Every instrument has one exhibit identifier, used everywhere on the site and in this report. A State instrument carries its two-letter State code and a serial number (Ex. TX-004 is Texas Executive Order GA-09 of March 22, 2020); a metropolitan instrument carries MET and the metro code; a federal instrument carries FED; a sector regulator's instrument carries SEC and the industry number, and an organizer's notice adds GM; an overlooked authority carries AGY and its cluster; a standing duty carries DUT and the State code, or DUT-FED (Ex. DUT-FED-001 is the general duty clause of the Occupational Safety and Health Act); a legal authority carries LAW.

The dates decide the quarters. An instrument is in force in a quarter only if its effective date fell on or before the quarter's last day and its end date, if any, fell on or after the quarter's first day. The six quarters are the second, third and fourth quarters of 2020 and the first, second and third quarters of 2021. Because the CARES Act applies to wages paid after March 12, 2020, and the Service's Form 941-X instructions place the credit for wages paid March 13 through March 31, 2020 on the second-quarter return, the orders of March 13 through 31, 2020, the first stay-at-home and closure orders in the country, appear in the record of the second quarter of 2020.

4. The orders, quarter by quarter

For each quarter selected, the instruments in force appear by layer: the federal layer (the Library's FED-A and FED-B files, including the federal court orders they hold), the State, the metropolitan area, the industry's regulators, and the agencies, boards and authorities whose orders resolve to the State. Within a layer the instruments that carry the industry's key limitation types come first, then the rest in date order. An instrument in force across several quarters is described in full where it first appears and listed in compact form in each later quarter. Every item carries its citation and its exhibit identifier.

Third quarter of 2021 (July 1, 2021 to Sept. 30, 2021)

Federal layer

Ex. FED-290

Press release of March 12, 2020 (Building closed to the public)

Supreme Court Building closed to the public until further notice

Supreme Court of the United States (Public Information Office), Supreme Court of the United States (Court)

Dates: In force from Mar. 12, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Business closureCourts and public offices
Functions reached: CT; CS Washington tourism and visitor commerce
Grade: Confirmed from a secondary source
Days in this quarter: 92 (the whole quarter)

Enforcement: Supreme Court Police

Citation: Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)

Ex. FED-398

H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus

H.Res. 965 (116th Congress) - Remote Voting by Proxy and Remote Committee Proceedings

U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), United States House of Representatives (Federal)

Dates: In force from May 20, 2020 to Jan. 3, 2023 (issued May 15, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Gathering capOther
Functions reached: EV Capitol Hill commerce (the Capitol complex was closed to public tours from Mar. 12, 2020 through 2021); CS lobbying, government relations and hospitality in Washington
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

SECTION 1. AUTHORIZATION OF REMOTE VOTING BY PROXY DURING PUBLIC HEALTH EMERGENCY DUE TO NOVEL CORONAVIRUS. (a) AUTHORIZATION.--Notwithstanding rule III, at any time after the Speaker or the Speaker's designee is notified by the Sergeant-at-Arms, in consultation with the Attending Physician, that a public health emergency due to a novel coronavirus is in effect, the Speaker or the Speaker's designee, in consultation with the Minority Leader or the Minority Leader's designee, may designate a period (hereafter in this resolution referred to as a ''covered period'') during which a Member who is designated by another Member as a proxy... SEC. 3. PROCESS FOR VOTING DURING COVERED PERIODS. (a) RECORDED VOTES ORDERED.-- (1) IN GENERAL.--Notwithstanding clause 6 of rule I, during a covered period, the yeas and nays shall be considered as ordered on any vote on which a recorded vote or the yeas…

Enforcement: House rule

Citation: U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398) Open the exhibit

Ex. FED-031

CDC Framework for Conditional Sailing Order

Framework for Conditional Sailing and Initial Phase COVID-19 Testing Requirements for Protection of Crew, 85 Fed. Reg. 70153 (Nov. 4, 2020)

Centers for Disease Control and Prevention, HHS, United States (cruise ships operating or intending to operate in U.S. waters) (Federal)

Dates: In force from Oct. 30, 2020 to Nov. 1, 2021
Quarters: 2020 Q42021 Q12021 Q22021 Q3
Limitations: Capacity limitTravel and quarantineEvents and venuesWorkplace rules
Functions reached: TV travel demand; GS group sales; CB passengers and port economies; SC; EVT (shipboard events, conventions at sea)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

This Order establishes a framework for a phased approach to resuming cruise ship passenger operations in U.S. waters. This phased approach will include: (1) Establishment of laboratory testing of crew onboard cruise ships in U.S. waters; (2) simulated voyages designed to test a cruise ship operators' ability to mitigate COVID-19 onboard cruise ships; (3) a certification process; and (4) a return to passenger voyages in a manner that mitigates the risk of COVID-19 introduction, transmission, or spread among passengers and crew onboard ships and ashore to communities.... This Order is effective upon signature and shall remain in effect until the earliest of... (3) November 1, 2021.

Enforcement: 42 U.S.C. § 271; 42 C.F.R. §§ 70.18, 71.2; Coast Guard

Citation: Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031) Open the exhibit

Ex. FED-060

Executive Order 13991

Protecting the Federal Workforce and Requiring Mask-Wearing, 86 Fed. Reg. 7045 (Jan. 25, 2021)

President Joseph R. Biden, Jr., United States (federal buildings and lands; federal employees and on-site contractors) (Federal)

Dates: In force from Jan. 20, 2021 to May 9, 2023
Quarters: 2021 Q12021 Q22021 Q3
Limitations: Gathering capFace-covering requirementWorkplace rules
Functions reached: CS client meetings at federal sites (professional services); JS federal construction sites; DL/SV field service at federal facilities; CT federal courthouses and agency offices (masking and distancing conditions on entry); MK federally hosted meetings
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Sec. 2. Immediate Action Regarding Federal Employees, Contractors, Buildings, and Lands. (a) The heads of executive departments and agencies (agencies) shall immediately take action, as appropriate and consistent with applicable law, to require compliance with CDC guidelines with respect to wearing masks, maintaining physical distance, and other public health measures by: on-duty or on-site Federal employees; on-site Federal contractors; and all persons in Federal buildings or on Federal lands.

Enforcement: Agency directives; contract terms; building-access conditions; created the Safer Federal Workforce Task Force (§ 4) whose July and September 2021 rules are FED-B's

Citation: President Joseph R. Biden, Jr, Executive Order 13991 (Jan. 20, 2021) (Ex. FED-060) Open the exhibit

Ex. FED-156

QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3)

QSO-20-39-NH, Nursing Home Visitation - COVID-19 (REVISED 04/27/2021)

CMS, Quality, Safety & Oversight Group, United States (Medicare and Medicaid nursing homes) (Federal)

Dates: In force from Apr. 27, 2021 to Nov. 12, 2021
Quarters: 2021 Q22021 Q3
Limitations: Gathering capFace-covering requirementHealth care ordersWorkplace rulesQuarantine and isolation
Functions reached: VS visitation and access (home-care-senior-living; hospice; clergy CR; families); IC screening and masking of every entrant regardless of vaccination; DN communal dining and activities (conducted under the core principles); HR/WF and vendor access (staffing PL; personal services SL in-facility salons; physician CL on-site visits); RS cohorting and quarantine
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Core Principles of COVID-19 Infection Prevention: Screening of all who enter the facility for signs and symptoms of COVID-19 (e.g., temperature checks, questions about and observations of signs or symptoms), and denial of entry of those with signs or symptoms or those who have had close contact with someone with COVID-19 infection in the prior 14 days (regardless of the visitor's vaccination status)... Face covering or mask (covering mouth and nose) and social distancing at least six feet between persons, in accordance with CDC guidance... Resident and staff testing conducted as required at 42 CFR § 483.80(h) (see QSO-20-38-NH Revised). These core principles are consistent with the Centers for Disease Control and Prevention (CDC) guidance for nursing homes, and should be adhered to at all times.... Facilities should allow indoor visitation at all times and for all residents (regardless…

Enforcement: Survey enforcement under F563 (visitation) and F880 (infection control); civil money penalties

Citation: CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3) (Ex. FED-156) Open the exhibit

Ex. FED-032

Notice: Conditional Sailing Order Technical Instructions and Operations Manual

Conditional Sailing Order Technical Instructions and Operations Manual, 86 Fed. Reg. 24865 (May 10, 2021)

Centers for Disease Control and Prevention, HHS, United States (Federal)

Dates: In force from May 5, 2021 to Sept. 30, 2021
Quarters: 2021 Q22021 Q3
Limitations: Capacity limitTravel and quarantineWorkplace rulesVaccination or testing
Functions reached: TV; GS; CB; SC
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

[notice of the technical instructions implementing the CSO's phases: port agreements, simulated voyages, COVID-19 Conditional Sailing Certificates, testing and vaccination thresholds for restricted revenue voyages]

Enforcement: as for FED-031

Citation: Centers for Disease Control and Prevention, HHS, Notice: Conditional Sailing Order Technical Instructions and Operations Manual (May 5, 2021) (Ex. FED-032) Open the exhibit

Ex. FED-080

Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021)

Occupational Exposure to COVID-19; Emergency Temporary Standard, 86 Fed. Reg. 32376 (June 21, 2021)

Occupational Safety and Health Administration, U.S. Department of Labor, United States (every setting 'where any employee provides healthcare services or healthcare support services'; federal OSHA States directly, State-plan States through adoption within 30 days) (Federal)

Dates: In force from June 21, 2021 to Dec. 27, 2021
Quarters: 2021 Q22021 Q3
Limitations: Capacity limitFace-covering requirementHealth care ordersWorkplace rulesVaccination or testingQuarantine and isolation
Functions reached: IC infection control (hospitals, physician practices, dental, home care); ED/CL intake and waiting rooms (entry limits, screening, triage); SX/PR procedures (aerosol-generating procedure rules, § 1910.502(g)); VS visitation and access (non-employee screening); HR/WF (daily employee screening; medical removal; paid vaccination leave); OF administration (written plan, safety coordinator, recordkeeping); SC PPE (respirators for exposure to suspected or confirmed COVID-19)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

§ 1910.502(a)(1): 'Except as otherwise provided in this paragraph, this section applies to all settings where any employee provides healthcare services or healthcare support services.' (a)(2): 'This section does not apply to the following: (i) The provision of first aid by an employee who is not a licensed healthcare provider; (ii) The dispensing of prescriptions by pharmacists in retail settings; (iii) Non-hospital ambulatory care settings where all non-employees are screened prior to entry and people with suspected or confirmed COVID-19 are not permitted to enter those settings; (iv) Well-defined hospital ambulatory care settings where all employees are fully vaccinated and all non-employees are screened prior to entry and people with suspected or confirmed COVID-19 are not permitted to enter those settings; (v) Home healthcare settings where all employees are fully vaccinated and all…

Enforcement: Citations and civil penalties under OSH Act §§ 9, 17 (29 U.S.C. §§ 658, 666); inspection procedures DIR 2021-02 (FED-081); § 11(c) and § 1910.502(o) anti-retaliation

Citation: Occupational Safety and Health Administration, U.S. Department of Labor, Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021) (Ex. FED-080) Open the exhibit

Ex. FED-272

COVID-19 Workplace Safety: Agency Model Safety Principles (revised July 29, 2021), following the OMB memorandum of July 27, 2021 reinstating masks

COVID-19 Workplace Safety: Agency Model Safety Principles (Issued July 29, 2021)

Safer Federal Workforce Task Force (OPM, GSA, White House COVID-19 Response Coordinator) under Executive Order 13991 § 4, with OMB, United States (all federal buildings and federal lands; federally hosted meetings) (Federal)

Dates: In force from July 29, 2021 to Sept. 13, 2021
Quarters: 2021 Q3
Limitations: Gathering capFace-covering requirementTravel and quarantineWorkplace rulesVaccination or testing
Functions reached: CS vendor, contractor and visitor entry to every federal building conditioned on vaccination status or testing from July 29, 2021; MK federally hosted meetings, conferences and events over 50 participants restricted; TR federal official travel for the unvaccinated limited to mission-critical trips; OF masks in federal buildings in areas of substantial or high transmission regardless of vaccination status (which by August 2021 was nearly the whole country)
Grade: Primary source read
Days in this quarter: 47

Federal agencies need to ask about the vaccination status of Federal employees and onsite contractors -- employees and onsite contractors must sign an attestation confirming their vaccination status, or they will be treated as not fully vaccinated for purposes of safety protocols.... Visitors must provide information on their vaccination status and comply with the requisite safety protocols.... [for employees and contractors] who are not fully vaccinated or who decline to provide information about their vaccination status, official domestic travel should be limited to only necessary mission-critical trips.... Should an agency intend to host an in-person meeting, conference, or event that will be attended by more than 50 participants -- regardless of whether participants include members of the public -- the agency must first seek the approval of its agency head, in consultation with the…

Enforcement: EO 13991 § 2; agency safety plans; attestation under penalty of administrative action (Certification of Vaccination form, Ex. FED-278)

Citation: Safer Federal Workforce Task Force (OPM, GSA, White House COVID-19 Response Coordinator) under Executive Order 13991 § 4, with OMB, COVID-19 Workplace Safety: Agency Model Safety Principles (revised July 29, 2021), following the OMB memorandum of July 27, 2021 reinstating masks (Ex. FED-272) Open the exhibit

Ex. FED-307

Updated Amended Standing Order 21-04

In re: Court Operations Under the Exigent Circumstances Created by COVID-19 (Updated Amended, Sept. 3, 2021)

Chief Judge Freda L. Wolfson, United States District Court for the District of New Jersey (Court)

Dates: In force from Sept. 3, 2021 to Dec. 29, 2021
Quarters: 2021 Q3
Limitations: Capacity limitFace-covering requirementCourts and public offices
Functions reached: CT jury selections capped at one per vicinage; masks for all entrants regardless of vaccination status; temperature screening (Sept. 2021); CS
Grade: Primary source read
Days in this quarter: 28 (in force on the last day)

[WHEREAS the Delta] and other variants, and on July 27, 2021, the CDC recommended that all persons, including those fully vaccinated against COVID-19, wear a mask in public indoor settings, in areas of [substantial or high transmission]... [the Court has required] full vaccination of its employees, while continuing its protocols of temperature screening and hand sanitizing by all entrants to the District's courthouses, and mask wearing in all public areas of Court facilities by entrants and occupants thereof, regardless of vaccination status;... 1. No more than one jury selection, either civil or criminal, shall occur in each vicinage of this Court at one time... 2. Multiple, simultaneous jury trials may be conducted in each of this Court's vicinages, but the number of simultaneous criminal jury trials involving detainees in each [vicinage is limited]... DATED: September 3, 2021

Enforcement: court order

Citation: Chief Judge Freda L. Wolfson, Updated Amended Standing Order 21-04 (Sept. 3, 2021) (Ex. FED-307) Open the exhibit

Ex. FED-008

Memorandum of February 2, 2021

Maximizing Assistance From the Federal Emergency Management Agency To Respond to COVID-19, 86 Fed. Reg. 8281 (Feb. 5, 2021)

President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator), United States (Federal)

Dates: In force from Jan. 20, 2020 to Aug. 17, 2021 (issued Feb. 2, 2021)
Quarters: 2021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate
Grade: Primary source read
Days in this quarter: 48 (in force on the first day)

FEMA shall provide a 100 percent Federal cost share for all work eligible for assistance under Public Assistance Category B, pursuant to sections 403 (42 U.S.C. 5170b), 502 (42 U.S.C. 5192), and 503 (42 U.S.C. 5193) of the Stafford Act... performed from January 21, 2021, through September 30, 2021. (b) FEMA shall provide a 100 percent Federal cost share for all work eligible for assistance under Public Assistance Category B... performed from January 20, 2020, through January 20, 2021.

Enforcement: Funding directive

Citation: President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator), Memorandum of February 2, 2021 (Feb. 2, 2021) (Ex. FED-008) Open the exhibit

Ex. FED-010

Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus

Determination that a Public Health Emergency Exists

Alex M. Azar II, Secretary of Health and Human Services, United States (Federal)

Dates: In force from Jan. 27, 2020 to May 11, 2023 (issued Jan. 31, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate for the CDC orders (each states it runs until the PHE ends), the § 1135 waivers, the CMS interim final rules and the OSHA ETS findings
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

As a result of confirmed cases of 2019 Novel Coronavirus (2019-nCoV), on this date and after consultation with public health officials as necessary, I, Alex M. Azar II, Secretary of Health and Human Services, pursuant to the authority vested in me under section 319 of the Public Health Service Act, do hereby determine that a public health emergency exists and has existed since January 27, 2020, nationwide.

Enforcement: Predicate; the enabled instruments carry their own enforcement

Citation: Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010) Open the exhibit

Ex. FED-200

Proclamation 9984

Suspension of Entry as Immigrants and Nonimmigrants of Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus and Other Appropriate Measures To Address This Risk, 85 Fed. Reg. 6709 (Feb. 5, 2020)

President Donald J. Trump, United States (Federal)

Dates: In force from Feb. 2, 2020 to Nov. 8, 2021 (issued Jan. 31, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Travel and quarantine
Functions reached: TV inbound travel from China (business visitors, buyers, engineers); SC supplier engineering and quality visits; MK inbound trade-show attendance; CB foreign customer base
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Section 1. Suspension and Limitation on Entry. The entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the People's Republic of China, excluding the Special Administrative Regions of Hong Kong and Macau, during the 14-day period preceding their entry or attempted entry into the United States is hereby suspended and limited subject to section 2 of this proclamation.... Sec. 6. Effective Date. This proclamation is effective at 5:00 p.m. eastern standard time on February 2, 2020.

Enforcement: Sec. 3: implemented by the Secretaries of State and Homeland Security; an alien who circumvents the proclamation is a priority for removal (sec. 3(c)); carriers barred from boarding covered aliens under DHS implementing measures

Citation: President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200) Open the exhibit

Ex. FED-180

Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020)

Declaration Under the Public Readiness and Emergency Preparedness Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020)

Secretary of Health and Human Services, United States (Federal)

Dates: In force from Feb. 4, 2020 to Oct. 1, 2024 (issued Mar. 10, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declarationHealth care orders
Functions reached: context: the federal legal framework under which pharmacies, employers' clinics, and later dental and other practitioners administered tests and vaccines
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

The Public Readiness and Emergency Preparedness Act (PREP Act) authorizes the Secretary of Health and Human Services (the Secretary) to issue a Declaration to provide liability immunity to certain individuals and entities (Covered Persons) against any claim of loss caused by, arising out of, relating to, or resulting from the manufacture, distribution, administration, or use of medical countermeasures (Covered Countermeasures), except for claims involving 'willful misconduct' as defined in the PREP Act.... DATES: The Declaration was effective as of February 4, 2020.

Enforcement: Liability immunity; amended nine times through 2021 (85 Fed. Reg. 21012; 35100; 52136; 79190; 86 Fed. Reg. 7872; 9516; 14462; 41977; 51160)

Citation: Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180) Open the exhibit

Ex. FED-181

Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV

Determination of Public Health Emergency, 85 Fed. Reg. 7316 (Feb. 7, 2020)

Secretary of Health and Human Services, United States (Federal)

Dates: In force from Feb. 4, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declarationHealth care orders
Functions reached: context: the earliest federal emergency determination (Feb. 4, 2020); the legal basis of every COVID-19 test EUA
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

On February 4, 2020, the Secretary determined pursuant to his authority under section 564 of the FD&C Act that there is a public health emergency that has a significant potential to affect national security or the health and security of United States citizens living abroad and that involves a novel (new) coronavirus (nCoV) first detected in Wuhan City, Hubei Province, China in 2019 (2019-nCoV). On the basis of this determination, he also declared that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for detection and/or diagnosis of this novel coronavirus (2019-nCoV) pursuant to section 564 of the FD&C Act

Enforcement: Framework for FDA emergency use authorizations

Citation: Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181) Open the exhibit

Ex. FED-001

Proclamation 9994

Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak, 85 Fed. Reg. 15337 (Mar. 18, 2020)

President Donald J. Trump, United States (Federal)

Dates: In force from Mar. 1, 2020 to Apr. 10, 2023 (issued Mar. 13, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate for every federal health-care instrument (FED-090 to FED-099, FED-160)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

do hereby find and proclaim that the COVID-19 outbreak in the United States constitutes a national emergency, beginning March 1, 2020. Pursuant to this declaration, I direct as follows: Section 1. Emergency Authority. The Secretary of HHS may exercise the authority under section 1135 of the SSA to temporarily waive or modify certain requirements of the Medicare, Medicaid, and State Children's Health Insurance programs and of the Health Insurance Portability and Accountability Act Privacy Rule throughout the duration of the public health emergency declared in response to the COVID-19 outbreak.

Enforcement: Predicate only; operates through the instruments it enables (§ 1135 waivers; CMS interim final rules; Stafford Act assistance)

Citation: President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001) Open the exhibit

Ex. FED-160

COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021)

COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers

Centers for Medicare & Medicaid Services, HHS, United States (Medicare, Medicaid and CHIP providers) (Federal)

Dates: In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 13, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersOther
Functions reached: TM telehealth (physician practices, behavioral health); IP surge capacity and 'hospitals without walls' (hospitals); HC/SN home health assessments and supervision (home care); OF credentialing and administration (HR); CB payers
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

CMS is empowered to take proactive steps through 1135 waivers as well as, where applicable, authority granted under section 1812(f) of the Social Security Act (the Act) and rapidly expand the Administration's aggressive efforts against COVID-19. As a result, the following blanket waivers are in effect, with a retroactive effective date of March 1, 2020 through the end of the emergency declaration.... Home Health Agencies (HHAs): Initial Assessments. CMS is waiving the requirements at 42 CFR § 484.55(a) to allow HHAs to perform Medicare-covered initial assessments and determine patients' homebound status remotely or by record review. Waive Onsite Visits for HHA Aide Supervision. CMS is waiving the requirements at 42 CFR § 484.80(h), which require a nurse to conduct an onsite visit every two weeks.

Enforcement: Modifies otherwise mandatory conditions of participation; survey and certification

Citation: Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160) Open the exhibit

Ex. FED-182

Emergency Use Declaration: personal respiratory protective devices

Emergency Use Declaration, 85 Fed. Reg. 13907 (Mar. 10, 2020)

Secretary of Health and Human Services, United States (Federal)

Dates: In force from Mar. 2, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declarationSupply chain
Functions reached: context for SC (respirator supply) in every health care and industrial sector
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

On the basis of this determination, he also declared that circumstances exist justifying the authorization of emergency use of personal respiratory protective devices during the COVID-19 outbreak, pursuant to section 564 of the FD&C Act, subject to the terms of any authorization issued under that section. DATES: The determination was effective February 4, 2020, and this declaration is effective March 2, 2020.

Enforcement: Framework for the NIOSH-respirator, imported-respirator and decontamination EUAs

Citation: Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182) Open the exhibit

Ex. FED-201

Proclamation 9992

Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus (Islamic Republic of Iran), 85 Fed. Reg. 12855 (Mar. 4, 2020)

President Donald J. Trump, United States (Federal)

Dates: In force from Mar. 2, 2020 to Nov. 8, 2021 (issued Feb. 29, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Travel and quarantine
Functions reached: TV inbound travel; CB foreign customer base
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Section 1. Suspension and Limitation on Entry. The entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the Islamic Republic of Iran during the 14-day period preceding their entry or attempted entry into the United States is hereby suspended and limited subject to section 2 of this proclamation.... Sec. 6. Effective Date. This proclamation is effective at 5:00 p.m. eastern standard time on March 2, 2020.

Enforcement: Sec. 3 implementation by State and DHS; removal priority for circumvention

Citation: President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201) Open the exhibit

Ex. FED-096

CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020)

QSO-20-13-Hospitals

CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, United States (Medicare-participating hospitals) (Federal)

Dates: In force from Mar. 4, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care orders
Functions reached: ED intake and screening; VS visitation; IC infection control; IP placement and discharge
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Hospital Guidance and Actions - CMS regulations and guidance support hospitals taking appropriate action to address potential and confirmed COVID cases and mitigate transmission including screening, discharge and transfers from the hospital, and visitation.... Hospitals should identify visitors and patients at risk for having COVID-19 infection before or immediately upon arrival to the healthcare facility.

Enforcement: Hospital CoP survey and enforcement (42 C.F.R. § 482.42)

Citation: CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096) Open the exhibit

Ex. FED-098

QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs)

QSO-20-18-HHA

CMS, Quality, Safety & Oversight Group, United States (Medicare and Medicaid home health agencies) (Federal)

Dates: In force from Mar. 10, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care orders
Functions reached: HC in-home visits (pre-visit screening); IC infection control; HR/WF staff monitoring
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

This memorandum responds to questions we have received and provides important guidance for all Medicare and Medicaid participating Home Health Agencies (HHAs) in addressing the COVID-19 outbreak and minimizing transmission to other individuals.... HHAs should be monitoring the health status of everyone (patients/residents/visitors/staff/etc.) in the homecare setting for signs or symptoms of COVID-19.... When making a home visit, HHAs should identify patients at risk for having COVID-19 infection before or immediately upon arrival to the home.

Enforcement: HHA CoP survey and certification (42 C.F.R. § 484.70)

Citation: CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098) Open the exhibit

Ex. FED-006

Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per State and territory, all dated March 13, 2020)

Letter from President Donald J. Trump on Emergency Determination under the Stafford Act

President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator), United States (every State, Tribe, territory and the District of Columbia) (Federal)

Dates: In force from Mar. 13, 2020 to May 11, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate for every State's FEMA Public Assistance Category B measures (the funding behind State and local emergency operations)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Therefore, as an initial step, I hereby determine, under section 501(b) of the Stafford Act, that an emergency exists nationwide. In accordance with this determination, the Federal Emergency Management Agency may provide, as appropriate, assistance pursuant to section 502 and 503 of the Stafford Act for emergency protective measures not authorized under other Federal statutes.

Enforcement: Predicate and funding instrument

Citation: President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator), Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per State and territory, all dated March 13, 2020) (Mar. 13, 2020) (Ex. FED-006) Open the exhibit

Ex. FED-311

Standing Order 2020-04

In re: COVID-19 Pandemic Procedures

Chief Judge James K. Bredar, United States District Court for the District of Maryland (Court)

Dates: In force from Mar. 16, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Courts and public offices
Functions reached: CT
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

WHEREAS, normal court operations and procedures may necessarily need to be amended or suspended on a temporary basis given the exigent circumstances created by the COVID-19 event, the Court finds it necessary to establish a miscellaneous case, In re COVID-19 [Pandemic Procedures, in which all COVID-19 orders are docketed]... ORDERED that these temporary orders shall be rescinded by order of the Chief Judge when circumstances warrant.

Enforcement: court order

Citation: Chief Judge James K. Bredar, Standing Order 2020-04 (Mar. 16, 2020) (Ex. FED-311) Open the exhibit

Ex. FED-194

Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency

Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency, 85 Fed. Reg. 22024 (Apr. 21, 2020)

HHS Office for Civil Rights, United States (HIPAA covered health care providers) (Federal)

Dates: In force from Mar. 17, 2020 to May 11, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersOther
Functions reached: TM telehealth (physician practices, behavioral health, dental consultations ('dental consultation or psychological evaluation' named in the notice)); CL clinical intake moved remote; OF
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

As a matter of enforcement discretion, the HHS Office for Civil Rights (OCR) will not impose penalties for noncompliance with the regulatory requirements under the HIPAA rules against covered health care providers in connection with the good faith provision of telehealth during the COVID-19 nationwide public health emergency.... A covered health care provider that wants to use audio or video communication technology to provide telehealth to patients during the COVID-19 nationwide public health emergency can use any non-public facing remote communication product that is available to communicate with patients.... This exercise of discretion applies to telehealth provided for any reason, regardless of whether the telehealth service is related to the diagnosis and treatment of health conditions related to COVID-19.

Enforcement: Non-enforcement of HIPAA penalties for good-faith telehealth

Citation: HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194) Open the exhibit

Ex. FED-070

Executive Order 13909

Prioritizing and Allocating Health and Medical Resources to Respond to the Spread of COVID-19, 85 Fed. Reg. 16227 (Mar. 23, 2020)

President Donald J. Trump, United States (all health and medical resources needed to respond to COVID-19) (Federal)

Dates: In force from Mar. 18, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Supply chain
Functions reached: SC supply of PPE, respirators, ventilators and testing supplies to every industry (dental, physician practices, hospitals, home care, manufacturing, construction, personal services); DS distribution of medical products (wholesale-distribution); PF production floors of medical manufacturers under rated orders
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Accordingly, I find that health and medical resources needed to respond to the spread of COVID-19, including personal protective equipment and ventilators, meet the criteria specified in section 101(b) of the Act (50 U.S.C. 4511(b)).... Sec. 2. Priorities and Allocation of Medical Resources. (a)... the authority of the President conferred by section 101 of the Act to require performance of contracts or orders (other than contracts of employment) to promote the national defense over performance of any other contracts or orders, to allocate materials, services, and facilities as deemed necessary or appropriate to promote the national defense... is delegated to the Secretary of Health and Human Services with respect to all health and medical resources needed to respond to the spread of COVID-19 within the United States. (b) The Secretary of Health and Human Services may use the authority…

Enforcement: DPA § 101 priority ratings and allocation orders; DPA § 103 (50 U.S.C. § 4513) criminal penalties for willful violation

Citation: President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070) Open the exhibit

Ex. FED-292

Order of March 19, 2020, 589 U.S. (Order List)

Order extending the deadline to file petitions for writs of certiorari to 150 days and relaxing extension and distribution rules in light of COVID-19

Supreme Court of the United States, Supreme Court of the United States (Court)

Dates: In force from Mar. 19, 2020 to July 19, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Courts and public offices
Functions reached: CT federal litigation timetables lengthened nationwide; CS law firms, appellate practice
Grade: Primary source read
Days in this quarter: 19 (in force on the first day)

In light of the ongoing public health concerns relating to COVID-19, the following shall apply to cases prior to a ruling on a petition for a writ of certiorari: IT IS ORDERED that the deadline to file any petition for a writ of certiorari due on or after the date of this order is extended to 150 days from the date of the lower court judgment, order denying discretionary review, or order denying a timely petition for rehearing.... These modifications will remain in effect until further order of the Court.

Enforcement: order of the Court

Citation: Supreme Court of the United States, Order of March 19, 2020, 589 U.S. (Order List) (Mar. 19, 2020) (Ex. FED-292) Open the exhibit

Ex. FED-034

CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order')

Notice of Order Under Sections 362 and 365 of the Public Health Service Act Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists, 85 Fed. Reg. 17060 (Mar. 26, 2020)

Centers for Disease Control and Prevention, HHS (CDC Director), United States land borders with Canada and Mexico (ports of entry and Border Patrol stations) (Federal)

Dates: In force from Mar. 20, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Travel and quarantine
Functions reached: TR/TRAV cross-border movement of persons at the land borders (with the DHS land-border notices, FED-B); WF border-region labor markets; CB border-community commerce
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

For simplicity, I shall refer to the persons covered by this order as 'covered aliens.' I suspend the introduction of all covered aliens into the United States for a period of 30 days, starting from the date of this order. I may extend this order if necessary to protect the public health.

Enforcement: 42 U.S.C. § 271; implemented by DHS/CBP expulsions

Citation: Centers for Disease Control and Prevention, HHS (CDC Director), CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order') (Mar. 20, 2020) (Ex. FED-034) Open the exhibit

Ex. FED-132

FEMA-4480-DR, Major Disaster Declaration for New York (COVID-19 Pandemic)

New York; Major Disaster and Related Determinations, 85 Fed. Reg. 20702 (Apr. 14, 2020)

President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), United States (New York) (Federal)

Dates: In force from Mar. 20, 2020 to May 11, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

I have determined that the emergency conditions in [New York] resulting from the Coronavirus Disease 2019 (COVID-19) pandemic beginning on January 20, 2020, and continuing, are of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the 'Stafford Act'). Therefore, I declare that such a major disaster exists in [New York].... You are authorized to provide assistance for emergency protective measures (Category B), including direct Federal assistance, under the Public Assistance program [statewide]. (Standard text of the COVID-19 major disaster letters as published by FEMA; the State name and any Individual Assistance or Hazard Mitigation authorizations vary; quote from the exhibit.)

Enforcement: Predicate and funding instrument; Public Assistance Category B at 75 percent, raised to 100 percent federal share for work from January 20, 2020 (FED-007 to FED-009, FED-151)

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4480-DR, Major Disaster Declaration for New York (COVID-19 Pandemic) (Mar. 20, 2020) (Ex. FED-132) Open the exhibit

Ex. FED-104

FEMA-4482-DR, Major Disaster Declaration for California (COVID-19 Pandemic)

California; Major Disaster and Related Determinations, 85 Fed. Reg. 20703 (Apr. 14, 2020)

President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), United States (California) (Federal)

Dates: In force from Mar. 22, 2020 to May 11, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

I have determined that the emergency conditions in [California] resulting from the Coronavirus Disease 2019 (COVID-19) pandemic beginning on January 20, 2020, and continuing, are of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the 'Stafford Act'). Therefore, I declare that such a major disaster exists in [California].... You are authorized to provide assistance for emergency protective measures (Category B), including direct Federal assistance, under the Public Assistance program [statewide]. (Standard text of the COVID-19 major disaster letters as published by FEMA; the State name and any Individual Assistance or Hazard Mitigation authorizations vary; quote from the exhibit.)

Enforcement: Predicate and funding instrument; Public Assistance Category B at 75 percent, raised to 100 percent federal share for work from January 20, 2020 (FED-007 to FED-009, FED-151)

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4482-DR, Major Disaster Declaration for California (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-104) Open the exhibit

Ex. FED-147

FEMA-4481-DR, Major Disaster Declaration for Washington (COVID-19 Pandemic)

Washington; Major Disaster and Related Determinations, 85 Fed. Reg. 20704 (Apr. 14, 2020)

President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), United States (Washington) (Federal)

Dates: In force from Mar. 22, 2020 to May 11, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

I have determined that the emergency conditions in [Washington] resulting from the Coronavirus Disease 2019 (COVID-19) pandemic beginning on January 20, 2020, and continuing, are of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the 'Stafford Act'). Therefore, I declare that such a major disaster exists in [Washington].... You are authorized to provide assistance for emergency protective measures (Category B), including direct Federal assistance, under the Public Assistance program [statewide]. (Standard text of the COVID-19 major disaster letters as published by FEMA; the State name and any Individual Assistance or Hazard Mitigation authorizations vary; quote from the exhibit.)

Enforcement: Predicate and funding instrument; Public Assistance Category B at 75 percent, raised to 100 percent federal share for work from January 20, 2020 (FED-007 to FED-009, FED-151)

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4481-DR, Major Disaster Declaration for Washington (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-147) Open the exhibit

Ex. FED-071

Executive Order 13910

Preventing Hoarding of Health and Medical Resources To Respond to the Spread of COVID-19, 85 Fed. Reg. 17001 (Mar. 26, 2020)

President Donald J. Trump, United States (Federal)

Dates: In force from Mar. 23, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Supply chain
Functions reached: SC PPE procurement and inventory of every employer; RT retail of designated materials; DS wholesale distribution
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Sec. 2. Delegation of Authority to Prevent Hoarding. (a) The Secretary is delegated the following: (i) the authority of the President conferred by section 102 of the Act to prevent hoarding of health and medical resources necessary to respond to the spread of COVID-19 within the United States, including the authority to prescribe conditions with respect to the accumulation of such resources, and to designate any material as a scarce material, or as a material the supply of which would be threatened by persons accumulating the material either in excess of reasonable demands of business, personal, or home consumption, or for the purpose of resale at prices in excess of prevailing market prices

Enforcement: DPA § 103 criminal penalties (50 U.S.C. § 4513); Department of Justice COVID-19 Hoarding and Price Gouging Task Force

Citation: President Donald J. Trump, Executive Order 13910 (Mar. 23, 2020) (Ex. FED-071) Open the exhibit

Ex. FED-099

CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)

QSO-20-20-ALL, Prioritization of Survey Activities

CMS, Quality, Safety & Oversight Group, United States (all Medicare/Medicaid certified providers and suppliers; CLIA laboratories) (Federal)

Dates: In force from Mar. 23, 2020 to May 1, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersCourts and public offices
Functions reached: CT/HR licensure, certification and survey functions of every certified provider (initial certifications, changes of ownership and revisits delayed); IC (focused infection control surveys imposed)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

On Friday, March 13, 2020, the President declared a national emergency, which triggers the Secretary's ability to authorize waivers or modifications of certain requirements pursuant to section 1135 of the Social Security Act (the Act). [CMS suspends standard surveys and prioritizes survey activity to immediate jeopardy complaints, infection control surveys and other listed categories for a three-week period, then as extended.]

Enforcement: Governs State Survey Agency operations (federal survey and certification)

Citation: CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-099) Open the exhibit

Ex. FED-115

FEMA-4483-DR, Major Disaster Declaration for Iowa (COVID-19 Pandemic)

Iowa; Major Disaster and Related Determinations, 85 Fed. Reg. 20704 (Apr. 14, 2020)

President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), United States (Iowa) (Federal)

Dates: In force from Mar. 23, 2020 to May 11, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

I have determined that the emergency conditions in [Iowa] resulting from the Coronavirus Disease 2019 (COVID-19) pandemic beginning on January 20, 2020, and continuing, are of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the 'Stafford Act'). Therefore, I declare that such a major disaster exists in [Iowa].... You are authorized to provide assistance for emergency protective measures (Category B), including direct Federal assistance, under the Public Assistance program [statewide]. (Standard text of the COVID-19 major disaster letters as published by FEMA; the State name and any Individual Assistance or Hazard Mitigation authorizations vary; quote from the exhibit.)

Enforcement: Predicate and funding instrument; Public Assistance Category B at 75 percent, raised to 100 percent federal share for work from January 20, 2020 (FED-007 to FED-009, FED-151)

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4483-DR, Major Disaster Declaration for Iowa (COVID-19 Pandemic) (Mar. 23, 2020) (Ex. FED-115) Open the exhibit

Ex. FED-118

FEMA-4484-DR, Major Disaster Declaration for Louisiana (COVID-19 Pandemic)

Louisiana; Major Disaster and Related Determinations, 85 Fed. Reg. 20701 (Apr. 14, 2020)

President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), United States (Louisiana) (Federal)

Dates: In force from Mar. 24, 2020 to May 11, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

I have determined that the emergency conditions in [Louisiana] resulting from the Coronavirus Disease 2019 (COVID-19) pandemic beginning on January 20, 2020, and continuing, are of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the 'Stafford Act'). Therefore, I declare that such a major disaster exists in [Louisiana].... You are authorized to provide assistance for emergency protective measures (Category B), including direct Federal assistance, under the Public Assistance program [statewide]. (Standard text of the COVID-19 major disaster letters as published by FEMA; the State name and any Individual Assistance or Hazard Mitigation authorizations vary; quote from the exhibit.)

Enforcement: Predicate and funding instrument; Public Assistance Category B at 75 percent, raised to 100 percent federal share for work from January 20, 2020 (FED-007 to FED-009, FED-151)

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4484-DR, Major Disaster Declaration for Louisiana (COVID-19 Pandemic) (Mar. 24, 2020) (Ex. FED-118) Open the exhibit

Ex. FED-183

Emergency Use Authorization Declaration: medical devices, including alternative products used as medical devices

Emergency Use Authorization Declaration, 85 Fed. Reg. 17335 (Mar. 27, 2020)

Secretary of Health and Human Services, United States (Federal)

Dates: In force from Mar. 24, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declarationSupply chain
Functions reached: context for SC (ventilators, face shields, gowns, decontamination)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

The Office of the Assistant Secretary for Preparedness and Response, HHS, requested that the FDA, HHS, issue an EUA for certain medical devices to allow the Department to take response measures based on information currently available about the virus that causes COVID-19. The determination of a public health emergency, and the declaration that circumstances exist justifying emergency use of certain medical devices by the Secretary of HHS, as described below, enable the FDA Commissioner to issue an EUA for these devices for emergency use under section 564 of the FD&C Act.

Enforcement: Framework

Citation: Secretary of Health and Human Services, Emergency Use Authorization Declaration: medical devices, including alternative products used as medical devices (Mar. 24, 2020) (Ex. FED-183) Open the exhibit

Ex. FED-074

Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures

Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures, 85 Fed. Reg. 17592 (Mar. 30, 2020)

Secretary of Health and Human Services, United States (Federal)

Dates: In force from Mar. 25, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Supply chain
Functions reached: SC PPE for every industry (dental CH/ST/SC; physician SC; hospitals SC; home care SC; personal services SL; construction JS; manufacturing PF)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

The following materials are designated pursuant to section 102 of the Defense Production Act (50 U.S.C. 4512) and Executive Order 13910 of March 23, 2020 (Preventing Hoarding of Health and Medical Resources to Respond to the Spread of COVID-19) as scarce materials or threatened materials: 1. N-95 Filtering Facepiece Respirators, including devices that are disposable half-face-piece nonpowered air-purifying particulate respirators intended for use to cover the nose and mouth of the wearer to help reduce wearer exposure to pathogenic biological airborne particulates 2. Other Filtering Facepiece Respirators (e.g., those designated as N99, N100, R95, R99, R100, or P95, P99, P100)... [and] elastomeric respirators, PAPRs, surgical masks, gloves, face shields, gowns, ventilators, sterilization services, disinfecting devices, medical gowns, sanitizing and disinfecting products

Enforcement: DPA § 103 criminal penalties; DOJ hoarding prosecutions

Citation: Secretary of Health and Human Services, Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures (Mar. 25, 2020) (Ex. FED-074) Open the exhibit

Ex. FED-109

FEMA-4486-DR, Major Disaster Declaration for Florida (COVID-19 Pandemic)

Florida; Major Disaster and Related Determinations, 85 Fed. Reg. 20700 (Apr. 14, 2020)

President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), United States (Florida) (Federal)

Dates: In force from Mar. 25, 2020 to May 11, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

I have determined that the emergency conditions in [Florida] resulting from the Coronavirus Disease 2019 (COVID-19) pandemic beginning on January 20, 2020, and continuing, are of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the 'Stafford Act'). Therefore, I declare that such a major disaster exists in [Florida].... You are authorized to provide assistance for emergency protective measures (Category B), including direct Federal assistance, under the Public Assistance program [statewide]. (Standard text of the COVID-19 major disaster letters as published by FEMA; the State name and any Individual Assistance or Hazard Mitigation authorizations vary; quote from the exhibit.)

Enforcement: Predicate and funding instrument; Public Assistance Category B at 75 percent, raised to 100 percent federal share for work from January 20, 2020 (FED-007 to FED-009, FED-151)

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4486-DR, Major Disaster Declaration for Florida (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-109) Open the exhibit

Ex. FED-130

FEMA-4488-DR, Major Disaster Declaration for New Jersey (COVID-19 Pandemic)

New Jersey; Major Disaster and Related Determinations, 85 Fed. Reg. 20700 (Apr. 14, 2020)

President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), United States (New Jersey) (Federal)

Dates: In force from Mar. 25, 2020 to May 11, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

I have determined that the emergency conditions in [New Jersey] resulting from the Coronavirus Disease 2019 (COVID-19) pandemic beginning on January 20, 2020, and continuing, are of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the 'Stafford Act'). Therefore, I declare that such a major disaster exists in [New Jersey].... You are authorized to provide assistance for emergency protective measures (Category B), including direct Federal assistance, under the Public Assistance program [statewide]. (Standard text of the COVID-19 major disaster letters as published by FEMA; the State name and any Individual Assistance or Hazard Mitigation authorizations vary; quote from the exhibit.)

Enforcement: Predicate and funding instrument; Public Assistance Category B at 75 percent, raised to 100 percent federal share for work from January 20, 2020 (FED-007 to FED-009, FED-151)

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4488-DR, Major Disaster Declaration for New Jersey (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-130) Open the exhibit

Ex. FED-133

FEMA-4487-DR, Major Disaster Declaration for North Carolina (COVID-19 Pandemic)

North Carolina; Major Disaster and Related Determinations, 85 Fed. Reg. 20701 (Apr. 14, 2020)

President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), United States (North Carolina) (Federal)

Dates: In force from Mar. 25, 2020 to May 11, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

I have determined that the emergency conditions in [North Carolina] resulting from the Coronavirus Disease 2019 (COVID-19) pandemic beginning on January 20, 2020, and continuing, are of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the 'Stafford Act'). Therefore, I declare that such a major disaster exists in [North Carolina].... You are authorized to provide assistance for emergency protective measures (Category B), including direct Federal assistance, under the Public Assistance program [statewide]. (Standard text of the COVID-19 major disaster letters as published by FEMA; the State name and any Individual Assistance or Hazard Mitigation authorizations vary; quote from the exhibit.)

Enforcement: Predicate and funding instrument; Public Assistance Category B at 75 percent, raised to 100 percent federal share for work from January 20, 2020 (FED-007 to FED-009, FED-151)

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4487-DR, Major Disaster Declaration for North Carolina (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-133) Open the exhibit

Ex. FED-143

FEMA-4485-DR, Major Disaster Declaration for Texas (COVID-19 Pandemic)

Texas; Major Disaster and Related Determinations, 85 Fed. Reg. 20699 (Apr. 14, 2020)

President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), United States (Texas) (Federal)

Dates: In force from Mar. 25, 2020 to May 11, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

I have determined that the emergency conditions in [Texas] resulting from the Coronavirus Disease 2019 (COVID-19) pandemic beginning on January 20, 2020, and continuing, are of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the 'Stafford Act'). Therefore, I declare that such a major disaster exists in [Texas].... You are authorized to provide assistance for emergency protective measures (Category B), including direct Federal assistance, under the Public Assistance program [statewide]. (Standard text of the COVID-19 major disaster letters as published by FEMA; the State name and any Individual Assistance or Hazard Mitigation authorizations vary; quote from the exhibit.)

Enforcement: Predicate and funding instrument; Public Assistance Category B at 75 percent, raised to 100 percent federal share for work from January 20, 2020 (FED-007 to FED-009, FED-151)

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4485-DR, Major Disaster Declaration for Texas (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-143) Open the exhibit

Ex. FED-113

FEMA-4489-DR, Major Disaster Declaration for Illinois (COVID-19 Pandemic)

Illinois; Major Disaster and Related Determinations, 85 Fed. Reg. 20703 (Apr. 14, 2020)

President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), United States (Illinois) (Federal)

Dates: In force from Mar. 26, 2020 to May 11, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

I have determined that the emergency conditions in [Illinois] resulting from the Coronavirus Disease 2019 (COVID-19) pandemic beginning on January 20, 2020, and continuing, are of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the 'Stafford Act'). Therefore, I declare that such a major disaster exists in [Illinois].... You are authorized to provide assistance for emergency protective measures (Category B), including direct Federal assistance, under the Public Assistance program [statewide]. (Standard text of the COVID-19 major disaster letters as published by FEMA; the State name and any Individual Assistance or Hazard Mitigation authorizations vary; quote from the exhibit.)

Enforcement: Predicate and funding instrument; Public Assistance Category B at 75 percent, raised to 100 percent federal share for work from January 20, 2020 (FED-007 to FED-009, FED-151)

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4489-DR, Major Disaster Declaration for Illinois (COVID-19 Pandemic) (Mar. 26, 2020) (Ex. FED-113) Open the exhibit

127 further federal instruments were in force in this quarter and are listed in the Library's federal layer at covidproject.com/federal; this report shows the 40 most relevant to this selection.

State of California

Ex. CA-003

Executive Order N-25-20

Executive Order N-25-20 (residents to heed public-health directives; remote public meetings; unemployment and tax relief)

Governor Gavin Newsom, California (State)

Dates: In force from Mar. 12, 2020 to June 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declarationGathering capCourts and public offices
Functions reached: GATH events and conferences; CRT public meetings and agencies; MK events
Grade: Primary source read
Days in this quarter: 0

'IT IS HEREBY ORDERED THAT: 1. All residents are to heed any orders and guidance of state and local public health officials, including but not limited to the imposition of social distancing measures'; recital that public-health officials were 'recommending limitations upon attendance at public assemblies, conferences, or other mass events, which could cause the cancellation of such gatherings... thereby constituting a force majeure'; Brown Act and Bagley-Keene Act teleconference requirements waived.

Enforcement: Emergency Services Act

Citation: Governor Gavin Newsom, Executive Order N-25-20 (Mar. 12, 2020) (Ex. CA-003) Open the exhibit

Ex. CA-001

Proclamation of a State of Emergency

Proclamation of a State of Emergency (COVID-19)

Governor Gavin Newsom, California (State)

Dates: In force from Mar. 4, 2020 to Feb. 28, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate for all CA instruments
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Recited in EO N-25-20 and EO N-33-20: 'WHEREAS on March 4, 2020, I proclaimed a State of Emergency to exist in California as a result of the threat of COVID-19' (CA-003, CA-007).

Enforcement: Predicate for the Emergency Services Act powers (Gov. Code secs. 8567, 8627, 8665) invoked in every executive order

Citation: Governor Gavin Newsom, Proclamation of a State of Emergency (Mar. 4, 2020) (Ex. CA-001) Open the exhibit

Ex. CA-006

Executive Order N-29-20

Executive Order N-29-20 (public meetings by teleconference; CalFresh and other program flexibilities)

Governor Gavin Newsom, California (State)

Dates: In force from Mar. 17, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Courts and public offices
Functions reached: CRT public hearings, permits, agency meetings; CB public-agency customers
Grade: Confirmed from a secondary source
Days in this quarter: 92 (the whole quarter)

Citation: Governor Gavin Newsom, Executive Order N-29-20 (Mar. 17, 2020) (Ex. CA-006) Open the exhibit

Ex. CA-057

Notices of Regulatory Relief (First Notice March 19, 2020; Second through Fifth Notices, March-June 2020) and COVID-19 advisories

ABC COVID-19 regulatory relief series (to-go alcohol with meals; delivery; expanded footprint) and advisories on the Limited Stay at Home Order (Nov. 25, 2020), Regional Stay at Home Order (Dec. 10, 2020) and Blueprint (Mar. 2021)

Department of Alcoholic Beverage Control, California (Sector regulator)

Dates: In force from Mar. 19, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Alcohol and bars
Functions reached: BA bar and alcohol service; DR; TO takeout
Grade: Confirmed from a secondary source
Days in this quarter: 92 (the whole quarter)

ABC advisory of Nov. 25, 2020 (read): 'various activities must be restricted during the hours of 10:00 pm and 5:00 am'; 'Failure to comply with this and other public health orders issued by CDPH may result in disciplinary action against the ABC license.' ABC advisory of Dec. 10, 2020 (read): licensees 'may not serve any food or beverages to such customers for consumption on the licensed premises'; 'the number of people permitted to be on the premises shall not exceed 20% of the occupancy capacity at any given time.'

Enforcement: ABC license discipline (Bus. and Prof. Code sec. 24200)

Citation: Department of Alcoholic Beverage Control, Notices of Regulatory Relief (First Notice March 19, 2020; Second through Fifth Notices, March-June 2020) and COVID-19 advisories (Mar. 19, 2020) (Ex. CA-057)

Ex. CA-011

Executive Order N-38-20

Executive Order N-38-20 (suspending limits on the Judicial Council's emergency rulemaking authority)

Governor Gavin Newsom, California (State)

Dates: In force from Mar. 27, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Courts and public offices
Functions reached: CRT courts
Grade: Confirmed from a secondary source
Days in this quarter: 92 (the whole quarter)

Citation: Governor Gavin Newsom, Executive Order N-38-20 (Mar. 27, 2020) (Ex. CA-011) Open the exhibit

Ex. CA-012

Executive Order N-39-20

Executive Order N-39-20 (health-care workforce: Department of Consumer Affairs authority to waive licensing requirements; facility flexibilities)

Governor Gavin Newsom, California (State)

Dates: In force from Mar. 30, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care orders
Functions reached: HR credentialing; IC infection control
Grade: Confirmed from a secondary source
Days in this quarter: 92 (the whole quarter)

Citation: Governor Gavin Newsom, Executive Order N-39-20 (Mar. 30, 2020) (Ex. CA-012) Open the exhibit

Ex. CA-022

Executive Order N-84-20

Executive Order N-84-20 (quarantine periods; conforming Cal/OSHA ETS exclusion periods to CDPH guidance; other extensions)

Governor Gavin Newsom, California (State)

Dates: In force from Dec. 14, 2020 to Sept. 30, 2021
Quarters: 2020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesQuarantine and isolation
Functions reached: WF workforce exclusion and quarantine; HR
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

'7) The exclusion periods required in California Code of Regulations, Title 8, section 3205(c)(10) and the periods for which a worker shall not return to work specified in section 3205(c)(11) shall be suspended to the extent that they exceed the longer of: a. Any applicable quarantine or isolation period recommended by the CDPH, including in the December 14, 2020 Updated COVID-19 Quarantine Guidelines; or b. Any applicable quarantine or isolation period recommended or ordered by a local health officer who has jurisdiction over the workplace.'

Enforcement: Cal/OSHA enforcement of 8 CCR 3205 as modified

Citation: Governor Gavin Newsom, Executive Order N-84-20 (Dec. 14, 2020) (Ex. CA-022) Open the exhibit

Ex. CA-065

Assembly Bill 685 (2020)

AB 685: COVID-19 workplace exposure notice (Labor Code section 6409.6); Cal/OSHA imminent-hazard closure authority

California Legislature; Governor Newsom (approved), California (State)

Dates: In force from Jan. 1, 2021 to Dec. 31, 2022 (issued Sept. 17, 2020)
Quarters: 2021 Q12021 Q22021 Q3
Limitations: Workplace rulesQuarantine and isolation
Functions reached: WF; HR; OP; PF
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

'SEC. 4. Section 6409.6 is added to the Labor Code, to read: 6409.6. (a) If an employer or representative of the employer receives a notice of potential exposure to COVID-19, the employer shall take all of the following actions within one business day of the notice of potential exposure' (written notice to employees, exclusive representatives and subcontracted employers; notice of benefits and of the disinfection and safety plan; notice to the local public health agency of outbreaks).

Enforcement: Labor Code secs. 6325, 6432 (Cal/OSHA citations; prohibition of use of a place of employment for imminent hazard)

Citation: California Legislature; Governor Newsom (approved), Assembly Bill 685 (2020) (Sept. 17, 2020) (Ex. CA-065) Open the exhibit

Ex. CA-061

Senate Bill 95 (2021)

SB 95: COVID-19 supplemental paid sick leave (Labor Code section 248.2)

California Legislature; Governor Newsom (approved), California (State)

Dates: In force from Mar. 29, 2021 to Sept. 30, 2021 (issued Mar. 19, 2021)
Quarters: 2021 Q12021 Q22021 Q3
Limitations: Workplace rulesOther
Functions reached: WF workforce availability; HR; OP payroll
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

'An act to add Sections 248.2 and 248.3 to the Labor Code, relating to employment... to take effect immediately'; '[ Approved by Governor March 19, 2021. Filed with Secretary of State March 19, 2021.]'; the leave requirement remains 'in effect through September 30, 2021, except that a covered employee taking COVID-19 supplemental paid sick leave at the time of the expiration... shall be permitted to take the full amount.'

Enforcement: Labor Commissioner enforcement (Labor Code sec. 248.2(e))

Citation: California Legislature; Governor Newsom (approved), Senate Bill 95 (2021) (Mar. 19, 2021) (Ex. CA-061) Open the exhibit

Ex. CA-028

Executive Order N-08-21

Executive Order N-08-21 (phased sunset of COVID-19 executive-order provisions through June 30 and September 30, 2021)

Governor Gavin Newsom, California (State)

Dates: In force from June 11, 2021 to June 30, 2021
Quarters: 2021 Q22021 Q3
Limitations: Emergency declarationHealth care ordersCourts and public offices
Functions reached: CRT public meetings and agencies; HC facility flexibilities; WF
Grade: Primary source read
Days in this quarter: 0

Enumerated provisions of the 2020-21 executive orders 'remain in effect through June 30, 2021, upon which time they will expire' or through 'September 30, 2021, whichever occurs first' (multiple paragraphs), including remote public-meeting authority and health-facility flexibilities.

Enforcement: n/a

Citation: Governor Gavin Newsom, Executive Order N-08-21 (June 11, 2021) (Ex. CA-028) Open the exhibit

Ex. CA-027

Executive Order N-07-21

Executive Order N-07-21 (rescinding EO N-33-20 and EO N-60-20 including the Blueprint for a Safer Economy)

Governor Gavin Newsom, California (State)

Dates: In force from June 15, 2021 to Sept. 30, 2021 (issued June 11, 2021)
Quarters: 2021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: marks the end of general business restrictions
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

'IT IS HEREBY ORDERED THAT: 1) Executive Order N-33-20, issued on March 19, 2020, setting forth the Stay-at-Home Order is hereby rescinded. 2) Executive Order N-60-20, issued on May 4, 2020, directing the State Public Health Officer to issue a risk-based framework for reopening the economy... including all aspects of the Blueprint for a Safer Economy, is hereby rescinded. 3) Nothing related to the issuance of any Orders, guidance, or directives of the State Public Health Officer relating to COVID-19 shall be subject to' the rescission (State Public Health Officer authority preserved).

Enforcement: n/a

Citation: Governor Gavin Newsom, Executive Order N-07-21 (June 11, 2021) (Ex. CA-027) Open the exhibit

Ex. CA-029

State Public Health Officer Order of June 11, 2021 (Beyond the Blueprint)

Order of the State Public Health Officer: Beyond Blueprint

State Public Health Officer Tomas J. Aragon, California (State)

Dates: In force from June 15, 2021 to Sept. 30, 2021 (issued June 11, 2021)
Quarters: 2021 Q22021 Q3
Limitations: Face-covering requirementSchools and child careEvents and venuesVaccination or testing
Functions reached: MASK all indoor businesses (unvaccinated) and listed settings; EVT mega events (5,000 indoor / 10,000 outdoor); IN in-person instruction; EC child care; WF
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

'1. All individuals must follow the requirements in the Guidance for the Use of Face Coverings issued by the California Department of Public Health... 2. All individuals must follow the requirements for Mega Events in the Beyond the Blueprint for Industries and Business Sectors issued by the California Department of Public Health. I will review the need for this guidance by no later than September 1, 2021... 3. All individuals must continue to follow the requirements in the current COVID-19 Public Health Guidance for K-12 Schools in California, the current COVID-19 Public Health Guidance for Child Care Programs and Providers, and the portions of the current K-12 Schools guidance that have been made explicitly applicable to day camps and other supervised youth activities... 5. This Order supersedes the August 28, 2020, State Public Health Officer Order, the July 13, 2020, State Public…

Enforcement: Health and Safety Code sec. 120275 et seq.

Citation: State Public Health Officer Tomas J. Aragon, State Public Health Officer Order of June 11, 2021 (Beyond the Blueprint) (Ex. CA-029) Open the exhibit

Ex. CA-036

State Public Health Officer Order of June 11, 2021 as posted on CDPH's site and printed September 21, 2021

Order of the State Public Health Officer: Beyond Blueprint (as in force September 21, 2021)

State Public Health Officer Tomas J. Aragon, California (State)

Dates: In force from June 15, 2021 to Sept. 30, 2021 (issued June 11, 2021)
Quarters: 2021 Q3
Limitations: Face-covering requirementSchools and child careEvents and venues
Functions reached: proof that the statewide order was operative in the last weeks of 2021Q3
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Same text as CA-029 (paragraphs 1-7), printed from cdph.ca.gov on September 21, 2021 at 5:47 p.m. and filed by the County of Los Angeles as an exhibit.

Enforcement: Health and Safety Code sec. 120275 et seq.

Citation: State Public Health Officer Tomas J. Aragon, State Public Health Officer Order of June 11, 2021 as posted on CDPH's site and printed September 21, 2021 (Ex. CA-036) Open the exhibit

Ex. CA-024

COVID-19 Prevention Emergency Temporary Standards as readopted, 8 C.C.R. secs. 3205-3205.4

COVID-19 Prevention (emergency temporary standards), readoption approved text

Occupational Safety and Health Standards Board (Cal/OSHA), California (Sector regulator)

Dates: In force from June 17, 2021 to Jan. 14, 2022
Quarters: 2021 Q22021 Q3
Limitations: Face-covering requirementWorkplace rulesQuarantine and isolationSupply chain
Functions reached: WF exclusion and testing; HR; OF and PF workplace rules; MASK unvaccinated employees; TR
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

'(a) Scope. (1) This section applies to all employees and places of employment, with the following exceptions...' '(c) Written COVID-19 Prevention Program. Employers shall establish, implement, and maintain an effective, written COVID-19 Prevention Program...' Face coverings required indoors for employees who are not fully vaccinated (c)(6); COVID-19 cases and unvaccinated close contacts excluded from the workplace with pay (c)(9)-(10); 'Make COVID-19 testing available at no cost, during paid time, to all employees of the employer who had a close contact in the workplace'; outbreak rules (3205.1, 3205.2); housing and transportation (3205.3, 3205.4).

Enforcement: Cal/OSHA citations and civil penalties, Labor Code sec. 6317 et seq.

Citation: Occupational Safety and Health Standards Board (Cal/OSHA), COVID-19 Prevention Emergency Temporary Standards as readopted, 8 C.C.R. secs. 3205-3205.4 (June 17, 2021) (Ex. CA-024) Open the exhibit

Ex. CA-051

Fact sheet: Update - COVID-19 Emergency Temporary Standards, What Employers Need to Know About the Recommended Revisions

Cal/OSHA fact sheet on the June 2021 ETS revisions

Department of Industrial Relations, Division of Occupational Safety and Health (Cal/OSHA), California (Sector regulator)

Dates: In force from June 17, 2021 to Sept. 30, 2021 (issued June 16, 2021)
Quarters: 2021 Q22021 Q3
Limitations: Workplace rules
Functions reached: EMP; WF; MASK
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

'Employers must establish, implement, and maintain an effective written COVID-19 Prevention Program'; 'Fully vaccinated employees do not need to wear face coverings except for certain situations during outbreaks'; employers 'must document the vaccination status of fully vaccinated employees if they do not wear face coverings indoors'; during outbreaks (three or more cases) and major outbreaks (20 or more cases within a 30-day period) face coverings and testing are required.

Enforcement: Cal/OSHA citations

Citation: Department of Industrial Relations, Division of Occupational Safety and Health (Cal/OSHA), Fact sheet: Update - COVID-19 Emergency Temporary Standards, What Employers Need to Know About the Recommended Revisions (June 16, 2021) (Ex. CA-051) Open the exhibit

Ex. CA-067

Executive Order N-09-21

Executive Order N-09-21 (readopted Cal/OSHA COVID-19 emergency temporary standards effective upon filing)

Governor Gavin Newsom, California (State)

Dates: In force from June 17, 2021 to Sept. 30, 2021
Quarters: 2021 Q22021 Q3
Limitations: Workplace rules
Functions reached: EMP
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

'WHEREAS, on November 20, 2020, the Occupational Safety and Health Standards Board (OSHSB) voted to adopt Emergency Temporary Standards to Protect Workers from COVID-19 (8 C.C.R. sections 3205, 3205.1, 3205.2, 3205.3, 3205.4)... which took effect on November 30, 2020'; 'IT IS HEREBY ORDERED THAT the readoption by OSHSB on June 17, 2021 of the Emergency Temporary Standards regarding COVID-19 prevention (OAL Matter No. 2020-1120-01E) shall not be subject to' the OAL review period; '1) The June 17, 2021 readoption shall be effective upon filing by OAL with the Secretary of State.'

Enforcement: n/a

Citation: Governor Gavin Newsom, Executive Order N-09-21 (June 17, 2021) (Ex. CA-067) Open the exhibit

Ex. CA-062

Assembly Bill 832 (2021)

AB 832: COVID-19 Rental Housing Recovery Act; extension of COVID-19 Tenant Relief Act protections to September 30, 2021

California Legislature; Governor Newsom (approved), California (State)

Dates: In force from June 28, 2021 to Sept. 30, 2021
Quarters: 2021 Q22021 Q3
Limitations: Other
Functions reached: PM property management (evictions); SV servicing and collections; CL
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

'[ Approved by Governor June 28, 2021. Filed with Secretary of State June 28, 2021.]'; the bill extends the protections for COVID-19 rental debt 'to September 30, 2021, and would repeal only the general prohibition on October 1, 2021'; it 'extend[s] operation of those requirements until September 30, 2021.'

Enforcement: Code Civ. Proc. sec. 1179.01 et seq.

Citation: California Legislature; Governor Newsom (approved), Assembly Bill 832 (2021) (June 28, 2021) (Ex. CA-062) Open the exhibit

Ex. CA-034

COVID-19 Public Health Guidance for K-12 Schools in California, 2021-22 School Year

CDPH K-12 Schools Guidance for the 2021-22 school year (universal indoor masking; modified quarantine)

California Department of Public Health, California (State)

Dates: In force from July 12, 2021 to Mar. 11, 2022
Quarters: 2021 Q3
Limitations: Face-covering requirementSchools and child careQuarantine and isolation
Functions reached: IN in-person instruction; WF workforce (parents; school staff); AC activities; TR transport
Grade: Primary source read
Days in this quarter: 81 (in force on the last day)

'1. Masks a. Masks are optional outdoors for all in K-12 school settings. b. K-12 students are required to mask indoors, with exemptions per CDPH face mask guidance. Adults in K-12 school settings are required to mask when sharing indoor spaces with students.' Universal masking 'enables no minimum physical distancing' and 'permits modified quarantine practices' for exposed students.

Enforcement: Mandatory under SPHO Order of June 11, 2021 para. 3; Health and Safety Code sec. 120275 et seq.

Citation: California Department of Public Health, COVID-19 Public Health Guidance for K-12 Schools in California, 2021-22 School Year (July 12, 2021) (Ex. CA-034) Open the exhibit

Ex. CA-035

Guidance for the Use of Face Coverings (July 28, 2021)

CDPH Guidance for the Use of Face Coverings, updated July 28, 2021

California Department of Public Health, California (State)

Dates: In force from July 28, 2021 to Dec. 15, 2021
Quarters: 2021 Q3
Limitations: Face-covering requirementWorkplace rules
Functions reached: SF sales floor; DR; FD front desk; CB customers; WF; TR transit commuting
Grade: Primary source read
Days in this quarter: 65 (in force on the last day)

'Masks are required for all individuals in the following indoor settings, regardless of vaccination status: On public transit... and in transportation hubs...; Indoors in K-12 schools, childcare and other youth settings...; Healthcare settings...; State and local correctional facilities and detention centers; Homeless shelters, emergency shelters and cooling centers.' 'Additionally, masks are required for unvaccinated individuals in indoor public settings and businesses (examples: retail, restaurants, theaters, family entertainment centers, meetings, state and local government offices serving the public).' Businesses 'may choose to' provide information and allow self-attestation, 'Implement vaccine verification,' or 'Require all patrons to wear masks.' 'we are recommending that fully vaccinated people also mask in indoor public settings across California.'

Enforcement: Mandatory under SPHO Order of June 11, 2021 para. 1; Health and Safety Code sec. 120275 et seq.

Citation: California Department of Public Health, Guidance for the Use of Face Coverings (July 28, 2021) (Ex. CA-035) Open the exhibit

Ex. CA-039

State-employee vaccine verification and weekly testing policy (announced July 26, 2021)

Governor's release: California Implements First-in-the-Nation Measures to Encourage State Employees and Health Care Workers to Get Vaccinated

Governor Gavin Newsom (announcement); California Department of Human Resources (policy), California (State)

Dates: In force from Aug. 2, 2021 to Sept. 30, 2021 (issued July 26, 2021)
Quarters: 2021 Q3
Limitations: Workplace rulesVaccination or testing
Functions reached: WF State workforce; CB State-agency customers; CRT agency operations
Grade: Primary source read
Days in this quarter: 60 (in force on the last day)

State workers must 'show proof of full vaccination or be tested at least once per week'; 'The requirement takes effect August 2, 2021'; health care settings must verify workers are 'fully vaccinated or tested regularly' from August 9 with full compliance by August 23, 2021.

Enforcement: State employment discipline (CalHR policy)

Citation: Governor Gavin Newsom (announcement); California Department of Human Resources (policy), State-employee vaccine verification and weekly testing policy (announced July 26, 2021) (Ex. CA-039) Open the exhibit

Ex. CA-056

CalHR COVID-19 vaccination verification and testing policy for State employees

State employee vaccine verification and weekly testing policy (effective August 2, 2021)

California Department of Human Resources (CalHR), California (State)

Dates: In force from Aug. 2, 2021 to Sept. 30, 2021 (issued July 26, 2021)
Quarters: 2021 Q3
Limitations: Workplace rulesVaccination or testing
Functions reached: WF State workforce; CRT agency operations
Grade: Confirmed from a secondary source
Days in this quarter: 60 (in force on the last day)

Enforcement: State employment discipline

Citation: California Department of Human Resources (CalHR), CalHR COVID-19 vaccination verification and testing policy for State employees (July 26, 2021) (Ex. CA-056)

Ex. CA-030

State Public Health Officer Order of August 5, 2021 (Health Care Worker Vaccine Requirement)

Order of the State Public Health Officer: Health Care Worker Vaccine Requirement

State Public Health Officer Tomas J. Aragon, California (State)

Dates: In force from Aug. 5, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testing
Functions reached: HR credentialing and staffing; WF workforce; IC infection control; OF administrative staff
Grade: Primary source read
Days in this quarter: 57 (in force on the last day)

'1. All workers who provide services or work in facilities described in subdivision (a) have their first dose of a one-dose regimen or their second dose of a two-dose regimen by September 30, 2021... 2. Workers may be exempt from the vaccination requirements under section (1) only upon providing the operator of the facility a declination form... the unvaccinated exempt worker must meet the following requirements when entering or working in such facility:... Testing must occur twice weekly for unvaccinated exempt workers in acute health care and long-term care settings and once weekly for such workers in other health care settings' and wear a surgical mask or higher respirator.

Enforcement: Health and Safety Code sec. 120275 et seq.; facility licensure

Citation: State Public Health Officer Tomas J. Aragon, State Public Health Officer Order of August 5, 2021 (Health Care Worker Vaccine Requirement) (Aug. 5, 2021) (Ex. CA-030) Open the exhibit

Ex. CA-031

State Public Health Officer Order of July 26, 2021 (Health Care Worker Protections in High-Risk Settings; Unvaccinated Workers in High-Risk Settings)

Order of the State Public Health Officer: Unvaccinated Workers in High-Risk Settings

State Public Health Officer Tomas J. Aragon, California (State)

Dates: In force from Aug. 9, 2021 to Sept. 17, 2022 (issued July 26, 2021)
Quarters: 2021 Q3
Limitations: Face-covering requirementHealth care ordersWorkplace rulesVaccination or testing
Functions reached: HR; WF; IC; FD front desk; CH chairside (dental offices named); CL clinics
Grade: Primary source read
Days in this quarter: 53 (in force on the last day)

'All facilities identified in this Order must verify vaccine status' of all workers; unvaccinated or incompletely vaccinated workers must be tested 'at least twice weekly' in acute health care and long-term care settings and 'at least once weekly' in high-risk congregate and other health care settings; facilities must provide respirators to unvaccinated workers in patient-care areas and surgical masks in other settings; 'This Order takes effect on August 9, 2021' with full compliance by August 23, 2021.

Enforcement: Health and Safety Code sec. 120275 et seq.; facility licensure

Citation: State Public Health Officer Tomas J. Aragon, State Public Health Officer Order of July 26, 2021 (Health Care Worker Protections in High-Risk Settings; Unvaccinated Workers in High-Risk Settings) (Ex. CA-031) Open the exhibit

Ex. CA-032

State Public Health Officer Order of August 5, 2021 (Requirements for Visitors in Acute Health Care and Long-Term Care Settings)

Order of the State Public Health Officer: Requirements for Visitors in Acute Health Care and Long-Term Care Settings

State Public Health Officer Tomas J. Aragon, California (State)

Dates: In force from Aug. 11, 2021 to Dec. 31, 2021 (issued Aug. 5, 2021)
Quarters: 2021 Q3
Limitations: Health care ordersVaccination or testing
Functions reached: VS visitation and access; CB patients and families
Grade: Confirmed from a secondary source
Days in this quarter: 51 (in force on the last day)

As recited in CDPH's September 15, 2022 rescission order: visitors must provide proof of full vaccination or 'documentation of a negative SARS-CoV-2 test where the specimen collection occurred within one day of visitation for antigen tests, and within two days of visitation for PCR tests'; facilities must 'verify visitors are fully vaccinated, or (2) for unvaccinated or incompletely vaccinated visitors, verify documentation of a negative SARS-CoV-2 test.'

Enforcement: Health and Safety Code sec. 120275 et seq.; facility licensure

Citation: State Public Health Officer Tomas J. Aragon, State Public Health Officer Order of August 5, 2021 (Requirements for Visitors in Acute Health Care and Long-Term Care Settings) (Aug. 5, 2021) (Ex. CA-032) Open the exhibit

Ex. CA-033

State Public Health Officer Order of August 11, 2021 (Vaccine Verification for Workers in Schools)

Order of the State Public Health Officer: Vaccine Verification for Workers in Schools

State Public Health Officer Tomas J. Aragon, California (State)

Dates: In force from Aug. 12, 2021 to Sept. 30, 2021 (issued Aug. 11, 2021)
Quarters: 2021 Q3
Limitations: Schools and child careWorkplace rulesVaccination or testing
Functions reached: HR; WF; IN in-person instruction; AC athletics and activities staff
Grade: Primary source read
Days in this quarter: 50 (in force on the last day)

'II. All schools identified in this Order must verify vaccine status of all workers.' Unvaccinated or incompletely vaccinated workers must be tested 'at least once weekly'; schools 'must be in full compliance with the Order by October 15, 2021.' 'VIII. This Order is issued pursuant to Health and Safety Code sections 120125, 120140, 120175, 120195 and 131080 and other applicable law.'

Enforcement: Health and Safety Code sec. 120275 et seq.

Citation: State Public Health Officer Tomas J. Aragon, State Public Health Officer Order of August 11, 2021 (Vaccine Verification for Workers in Schools) (Aug. 11, 2021) (Ex. CA-033) Open the exhibit

Ex. CA-038

State Public Health Officer Order of August 19, 2021 (Correctional Facilities and Detention Centers Health Care Worker Vaccination Order)

Order of the SPHO: Correctional Facilities and Detention Centers Health Care Worker Vaccination Order

State Public Health Officer Tomas J. Aragon, California (State)

Dates: In force from Aug. 19, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testing
Functions reached: HR; WF; PL placements at correctional client sites
Grade: Primary source read
Days in this quarter: 43 (in force on the last day)

Covered workers must have the first dose of a one-dose regimen or the second dose of a 'two-dose regimen by October 14, 2021'; '10. This Order is issued pursuant to Health and Safety Code sections 120125, 120140, 120175, 120195 and 131080 and other applicable law.'

Enforcement: Health and Safety Code sec. 120275 et seq.

Citation: State Public Health Officer Tomas J. Aragon, State Public Health Officer Order of August 19, 2021 (Correctional Facilities and Detention Centers Health Care Worker Vaccination Order) (Aug. 19, 2021) (Ex. CA-038) Open the exhibit

Ex. CA-037

State Public Health Officer Order of September 28, 2021 (Adult Care Facilities and Direct Care Worker Vaccine Requirement)

Order of the State Public Health Officer: Adult Care Facilities and Direct Care Worker Vaccine Requirement

State Public Health Officer Tomas J. Aragon, California (State)

Dates: In force from Sept. 28, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testing
Functions reached: HC in-home visits; RS residential care; HR; WF
Grade: Primary source read
Days in this quarter: 3 (in force on the last day)

'All workers who provide services or work in Adult and Senior Care Facilities licensed by the California Department of Social Services'; 'All in-home direct care services workers, including registered home care aides and certified home health aides'; 'All hospice workers who are providing services in the home or in a licensed facility' must have 'the first dose of a one-dose regimen or the second dose of a two-dose regimen by November 30, 2021'; exempt workers must 'Test for COVID-19 with either PCR or antigen test... once weekly' and 'Wear a surgical mask or higher-level respirator... at all times while in the facility or home.' 'This Order shall take effect immediately.'

Enforcement: Health and Safety Code sec. 120275 et seq.; CDSS and CDPH licensure

Citation: State Public Health Officer Tomas J. Aragon, State Public Health Officer Order of September 28, 2021 (Adult Care Facilities and Direct Care Worker Vaccine Requirement) (Sept. 28, 2021) (Ex. CA-037) Open the exhibit

Agencies, boards and authorities: California

Ex. AGY-ST-HEALTH-SUBORDERS-111

Beyond the Blueprint for Industry and Business Sectors (Including Guidance for Mega Events), update effective Sept. 20, 2021

Indoor Mega Events (1,000 or more attendees): vaccine verification or a negative test required for entry; self-attestation removed as a mode of verification for indoor events after Sept. 20, 2021; outdoor Mega Events (10,000 or more) recommended; measures to remain in place until Nov. 1, 2021

California Department of Public Health (State Public Health Officer), California - Department of Public Health (State Public Health Officer) (State)

Dates: In force from Sept. 20, 2021 to Nov. 1, 2021
Quarters: 2021 Q3
Limitations: Capacity limitGathering capEvents and venuesVaccination or testing
Functions reached: MC meetings and conventions (entry conditions for every indoor event of 1,000 or more); PE performances and live events; SP sports; GS group sales; CB attendees; MK trade shows
Grade: Primary source read
Days in this quarter: 11 (in force on the last day)

Applied vaccine verification or negative testing requirement to Indoor Mega Events involving 1,000 or more [attendees]... Removed self-attestation as a mode for both vaccine verification and for verification of negative COVID-19 test for indoor events scheduled after September 20, 2021.... CDPH is therefore updating the general public health requirements and recommendations as follows, effective September 20, 2021. These updated measures will remain in place until November 1, 2021: Definitions of Mega Events: Crowds greater than 1,000 (indoors) attendees... Vaccine Verification / Negative Testing: Required for Indoor Mega Events; Recommended for Outdoor Mega Events.

Enforcement: Health & Safety Code § 120295; local health officer enforcement

Citation: California Department of Public Health (State Public Health Officer), Beyond the Blueprint for Industry and Business Sectors (Including Guidance for Mega Events), update effective Sept. 20, 2021 (Ex. AGY-ST-HEALTH-SUBORDERS-111) Open the exhibit

Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-028

Board Report No. 308-19/20 (Rep-308-19/20), Adoption of Authorization to Take Any and All Necessary Actions to Prepare and Respond Effectively to the Novel Coronavirus (COVID-19); Resolution Declaring Emergency Conditions Exist at Los Angeles Unified Schools and Offices

Emergency declaration and delegation of closure, relocation, alternative-program and emergency-contracting powers to the Superintendent (special Board meeting, Mar. 10, 2020)

Board of Education of the City of Los Angeles (Governing Board of the Los Angeles Unified School District); Superintendent Austin Beutner, Los Angeles Unified School District Board of Education, California (local school district) (City)

Dates: In force from Mar. 10, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declarationBusiness closureSchools and child careWorkplace rulesOther
Functions reached: IN closed from Mar. 16, 2020; RL; EC; FS Grab-and-Go meal centers; WF workforce of the Los Angeles region (about 600,000 students, 1,200 schools); SC emergency procurement of devices, PPE and food; HR paid quarantine leave
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

1. Authorize the Superintendent and/or his designee to take any and all actions necessary to ensure the continuation of public education, and the health and safety of the students and staff at the District Sites, including, but not limited to: the relocation of students and staff, provision of daily student transportation, provision of alternative educational program options, provision of leave of absence to employees with pay due to quarantine or recently returning from level 3 countries or sick from COVID-19... directing staff to serve as disaster service workers, and/or make alterations, repairs or improvements to school property. 2. Adopt a Resolution, attached hereto, declaring emergency conditions exist throughout the District schools and offices (collectively known as 'District Sites') as a result of the threat of COVID-19 virus. 3. Authorize, by unanimous vote, under the…

Enforcement: Board resolution; Cal. Pub. Cont. Code § 20113 emergency-contracting authority; disaster-service-worker designation under Cal. Gov't Code § 3100

Citation: Board of Education of the City of Los Angeles (Governing Board of the Los Angeles Unified School District); Superintendent Austin Beutner, Board Report No. 308-19/20 (Rep-308-19/20), Adoption of Authorization to Take Any and All Necessary Actions to Prepare and Respond Effectively to the Novel Coronavirus (COVID-19); Resolution Declaring Emergency Conditions Exist at Los Angeles Unified Schools and Offices (Mar. 10, 2020) (Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-028) Open the exhibit

Ex. AGY-ST-CORRECTIONS-EMA-GUARD-007

CDCR 'COVID-19 Response Efforts' chronology (as archived Apr. 30, 2020)

Department-wide COVID-19 directives: cancellation of visiting and volunteer entries statewide; suspension of large-scale construction inside the secure perimeter (Mar. 20, 2020); mandatory staff screening; cloth face coverings required for staff and incarcerated persons; CALPIA production redirected to masks and sanitizer; PPE redirected among institutions; hiring, academy and examination suspensions; parole hearings by video; DAPO lobby closures

California Department of Corrections and Rehabilitation (Secretary Ralph Diaz) and CCHCS, California Department of Corrections and Rehabilitation and California Correctional Health Care Services; State level (State)

Dates: In force from Mar. 11, 2020 to Aug. 2, 2021 (issued Apr. 30, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Gathering capFace-covering requirementHealth care ordersWorkplace rulesSupply chainOther
Functions reached: JS construction contractors' job sites inside 35 prisons suspended; VL volunteer and rehabilitative-program providers excluded; EMP screening and masking of every vendor on institutional grounds; SC PPE redirected among institutions; CALPIA output redirected; HR peace-officer examinations and academies suspended through April 2020; OP DAPO lobbies closed; parole hearings by video
Grade: Primary source read
Days in this quarter: 33 (in force on the first day)

On March 20, 2020, CDCR suspended large-scale construction projects located within the secure perimeter of CDCR facilities. Limited construction activities are continuing as necessary to make work areas safe and protect construction areas from deterioration during the suspension. While the construction industry overall has been identified as an essential business/service under Executive Order E-33-20, the interest of CDCR as a construction owner is unique.... The action to suspend large-scale construction projects was consistent with earlier preventive actions, such as the cancellation of visiting and volunteer entries statewide, and seeks to reduce and minimize the number of non-CDCR employees that enter CDCR institutions on a daily basis.... CDCR and CCHCS are requiring the use of cloth face coverings for both staff and the incarcerated population.... Staff working or performing duties…

Enforcement: Departmental directives binding on staff and contractors as conditions of access to institutions (Penal Code § 5054; Cal. Code Regs. tit. 15, § 3170 et seq.); construction owner's suspension of contract performance

Citation: California Department of Corrections and Rehabilitation (Secretary Ralph Diaz) and CCHCS, CDCR 'COVID-19 Response Efforts' chronology (as archived Apr. 30, 2020) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-007) Open the exhibit

Ex. AGY-ST-ALCOHOL-061

First Notice of Regulatory Relief

Notice of Regulatory Relief (eight temporary relief measures: returns, retail-to-retail transactions, credit, off-sale privileges for on-sale retailers, sales to go, pass-out windows, hours, deliveries)

California Department of Alcoholic Beverage Control, California (State alcoholic-beverage regulator) (Sector regulator)

Dates: In force from Mar. 19, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Business closureAlcohol and barsOther
Functions reached: BA (on-sale privileges suspended by the March 15-16, 2020 State directives; off-sale substitute); TO; SC (returns, retail-to-retail transfers, credit); CB
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

In lieu of individual requests for relief submitted to the Department, the temporary relief from the regulatory requirements set forth in this notice are applicable to all affected Department licensees and will continue until further notice... The Department's regulatory relief addresses the following issues: 1. Returns of Alcoholic Beverages 2. Retail-to-Retail Transactions 3. Extension of Credit 4. On-Sale Retailers Exercising Off-Sale Privileges 5. Sales of Alcoholic Beverages To Go 6. Off-Sale Transactions Through Pass-Out Windows 7. Hours of Operation for Retail Sales 8. Deliveries to Consumers... any licensee adhering to the terms of this notice... may rely on this notice to utilize the privileges described without risk of enforcement by the Department against its license

Enforcement: Relief 'may be withdrawn by the Department at any time'; licensees abusing the relief may have it 'summarily rescind[ed]'

Citation: California Department of Alcoholic Beverage Control, First Notice of Regulatory Relief (Mar. 19, 2020) (Ex. AGY-ST-ALCOHOL-061) Open the exhibit

Ex. AGY-ST-ALCOHOL-064

Fourth Notice of Regulatory Relief

Fourth Notice of Regulatory Relief (adds Expansion of Licensed Footprint and relief for club licenses Types 50-52; items 14-15)

California Department of Alcoholic Beverage Control, California (State alcoholic-beverage regulator) (Sector regulator)

Dates: In force from May 15, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Capacity limitAlcohol and barsOther
Functions reached: DR (outdoor and distanced service); BA; CB
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Those temporary relief measures remain in place, and the Department now issues the following relief to enable licensees with on-sale privileges to reopen their businesses for on-site consumption that is consistent with the Governor's declarations and orders as well as other State and local health and safety guidelines: 14. Expansion of Licensed Footprint 15. Extension of Regulatory Relief for Club Licenses: Type 50, 51 and 52

Enforcement: Relief conditioned on compliance with State and local health orders

Citation: California Department of Alcoholic Beverage Control, Fourth Notice of Regulatory Relief (May 15, 2020) (Ex. AGY-ST-ALCOHOL-064) Open the exhibit

Ex. AGY-ST-COURTS-006

In re: COVID-19 State of Emergency, En Banc No. 7, Misc. No. 266

En banc decision suspending WCAB Rule 10789(c) (walk-through document assignment hours) in light of the Regional Stay At Home Order

Workers' Compensation Appeals Board of the State of California (en banc), California Workers' Compensation Appeals Board (statewide) (Court)

Dates: In force from Dec. 15, 2020 to Sept. 30, 2021
Quarters: 2020 Q42021 Q12021 Q22021 Q3
Limitations: Stay-at-homeCourts and public offices
Functions reached: CT courts and agencies (settlement walk-throughs restricted); SV claims servicing and settlement; OF office and administration
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

The Division of Workers' Compensation (DWC) temporarily closed the district offices for filing as of March 17, 2020... The district offices reopened for filing effective April 13, 2020, but limited filings to e-filing... The DWC has continued to conduct hearings via teleconference or video, but does not currently permit filing of walk-through documents. On December 3, 2020, the California Department of Public Health (DPH) issued a Regional Stay At Home Order... we will order suspension of WCAB Rule 10789(c) regarding the required timeframes for assignment of walk-through cases.... This suspension is applicable to all district offices in the State.

Enforcement: Binding en banc precedent (Cal. Code Regs. tit. 8, § 10325)

Citation: Workers' Compensation Appeals Board of the State of California (en banc), In re: COVID-19 State of Emergency, En Banc No. 7, Misc. No. 266 (Dec. 15, 2020) (Ex. AGY-ST-COURTS-006) Open the exhibit

Ex. AGY-ST-COURTS-001

In re: COVID-19 State of Emergency, En Banc, Misc. No. 260

En banc decision temporarily suspending WCAB Rules of Practice and Procedure statewide and recognizing the closure of DWC district offices for filing

Workers' Compensation Appeals Board of the State of California (en banc), California Workers' Compensation Appeals Board (State workers' compensation tribunal; statewide) (Court)

Dates: In force from Mar. 18, 2020 to Sept. 1, 2020
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declarationCourts and public offices
Functions reached: CT courts and agencies (workers' compensation adjudication suspended and converted to remote filing and hearing); SV claims servicing and settlement (compromise-and-release witness signatures suspended; settlements delayed); OF office and administration of insurers, employers and law firms; WF workforce (injured-worker benefit disputes delayed)
Grade: Primary source read
Days in this quarter: 0

In light of this state of emergency and pursuant to its authority per WCAB Rule 10370, the Appeals Board is temporarily suspending specific WCAB Rules of Practice and Procedure contained in Title 8 of the California Code of Regulations.... This suspension is applicable to all district offices in the State... On March 16, 2020, the Division of Workers' Compensation (DWC) issued Newsline Release No. 2020-18 providing in pertinent part that the DWC's district offices are currently closed for filing from March 17 through April 3.... In accordance with this, all filing deadlines are extended to the next day when the district offices reopen for filing.

Enforcement: En banc decisions 'are binding precedent on all Appeals Board panels and WCJs' (Cal. Code Regs. tit. 8, § 10325); adopted as a precedent decision under Gov. Code § 11425.60(b)

Citation: Workers' Compensation Appeals Board of the State of California (en banc), In re: COVID-19 State of Emergency, En Banc, Misc. No. 260 (Mar. 18, 2020) (Ex. AGY-ST-COURTS-001) Open the exhibit

Ex. AGY-ST-INSURANCE-BANKING-048

Guidance to Broker-Dealers and Investment Advisers (dated March 30, 2020; file dated March 26, 2020)

Guidance to Broker-Dealers and Investment Advisers: temporary relief during the COVID-19 emergency (including relief from FINRA Rule 1010(c) manual signature requirement)

Manuel P. Alvarez, Commissioner of Business Oversight, California; Department of Business Oversight (State securities and financial regulator; renamed Department of Financial Protection and Innovation Sept. 29, 2020) (Sector regulator)

Dates: In force from Mar. 30, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Telework mandateOther
Functions reached: WM broker-dealers and investment advisers (remote onboarding and supervision; displaced personnel); HR registration of agents (manual signatures waived); OP
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

On March 4, 2020, Governor Gavin Newsom issued an emergency proclamation regarding the [COVID-19 outbreak]... II. Temporary Relief from FINRA Rule 1010(c)'s Manual Signature Requirement for [Form U4 filings]... These temporary accommodations do not change any existing laws or regulations and are [available only during the emergency].

Enforcement: Cal. Corp. Code §§ 25252, 25530 (Commissioner's enforcement)

Citation: Manuel P. Alvarez, Commissioner of Business Oversight, Guidance to Broker-Dealers and Investment Advisers (dated March 30, 2020; file dated March 26, 2020) (Mar. 30, 2020) (Ex. AGY-ST-INSURANCE-BANKING-048) Open the exhibit

Ex. AGY-ST-HEALTH-BOARDS-021

DCA Waiver DCA-20-02, Order Waiving License Reactivation or Restoration Requirements

Order Waiving License Reactivation or Restoration Requirements (retired, inactive, cancelled and delinquent Division 2 licensees may return to practice without continuing education, examinations or fees)

Kimberly Kirchmeyer, Director, Department of Consumer Affairs, California Department of Consumer Affairs, Director (all Division 2 healing-arts boards); State level (Sector regulator)

Dates: In force from Mar. 31, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersOther
Functions reached: HR credentialing (workforce surge through reactivation); WF workforce
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Accordingly, the Director temporarily waives any statutory or regulatory requirement that an individual seeking to reactivate or restore a license originally issued pursuant to Division 2 of the Code: Complete, or demonstrate compliance with, any continuing education... This order is effective immediately and may be amended as circumstances require.

Enforcement: Conditions of the waiver; practice-act discipline provisions

Citation: Kimberly Kirchmeyer, Director, Department of Consumer Affairs, DCA Waiver DCA-20-02, Order Waiving License Reactivation or Restoration Requirements (Mar. 31, 2020) (Ex. AGY-ST-HEALTH-BOARDS-021) Open the exhibit

Ex. AGY-ST-HEALTH-BOARDS-022

DCA Waiver DCA-20-03, Order Waiving Restrictions on Nursing Student Clinical Hours

Order Waiving Restrictions on Nursing Student Clinical Hours (Board-approved clinical setting and 75 percent direct-patient-care requirements waived on conditions)

Kimberly Kirchmeyer, Director, Department of Consumer Affairs, California Department of Consumer Affairs, Director (Board of Registered Nursing); State level (Sector regulator)

Dates: In force from Apr. 3, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Schools and child careHealth care ordersOther
Functions reached: WF workforce pipeline (nursing clinical education moved to simulation); HR credentialing; IN in-person instruction (Industry 15 nursing schools)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Accordingly, the Director waives the requirements of California Code of Regulations, title 16, sections 1426, subdivision (g)(2) and 1427, subdivision (a) to the extent they require a clinical setting to be approved by the Board of Registered Nursing (Board), on the condition that the clinical setting must be... the Director waives that portion of California Code of Regulations, title 16, section 1426, subdivision (g)(2) that requires 75% of clinical hours in a course to be in direct patient care in a Board-approved clinical setting, subject to the following conditions:... This order is effective immediately but may be amended as circumstances require. This order terminates 60 days from the date of the order, unless further extended.

Enforcement: Conditions of the waiver; Bus. & Prof. Code § 2788 (program approval)

Citation: Kimberly Kirchmeyer, Director, Department of Consumer Affairs, DCA Waiver DCA-20-03, Order Waiving Restrictions on Nursing Student Clinical Hours (Apr. 3, 2020) (Ex. AGY-ST-HEALTH-BOARDS-022) Open the exhibit

Ex. AGY-ST-COURTS-002

In re: COVID-19 State of Emergency, En Banc No. 2, Misc. No. 261

En banc decision permitting emergency e-mail filing with the Appeals Board and district offices during the stay-at-home order

Workers' Compensation Appeals Board of the State of California (en banc), California Workers' Compensation Appeals Board (statewide) (Court)

Dates: In force from Apr. 6, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Courts and public offices
Functions reached: CT courts and agencies; OF office and administration
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

On March 19, 2020, the State of California's Governor, Gavin Newsom, issued Executive Order N-33-20, requiring all Californians to stay home with certain limited exceptions. In light of the continued state of emergency and to facilitate compliance with public health measures, we will order that certain documents may be emailed directly to the district offices or the Appeals Board... The district offices may accept by email solely documents subject to a statutory time limit where the filing party could not otherwise e-file, JET file

Enforcement: Binding en banc precedent (Cal. Code Regs. tit. 8, § 10325); misuse subject to sanctions under Lab. Code § 5813

Citation: Workers' Compensation Appeals Board of the State of California (en banc), In re: COVID-19 State of Emergency, En Banc No. 2, Misc. No. 261 (Apr. 6, 2020) (Ex. AGY-ST-COURTS-002) Open the exhibit

Ex. AGY-ST-COURTS-068

California Rules of Court, Appendix I: Emergency Rules Related to COVID-19 (Emergency rules 1-13, adopted April 6, 2020, as amended)

Statewide emergency rules: Emergency rule 1 barred issuance of unlawful-detainer summonses and defaults except to protect public health and safety and delayed eviction trials (through Sept. 1, 2020); Emergency rule 2 stayed all judicial foreclosure actions (through Sept. 1, 2020); Emergency rules 3-13 (remote appearances, tolling of statutes of limitation, and others) followed

Judicial Council of California, Judicial Council of California (statewide rulemaking body of the California courts) (Court)

Dates: In force from Apr. 6, 2020 to Sept. 1, 2020
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Courts and public officesOther
Functions reached: PM property management (no eviction summonses or defaults statewide Apr. 6-Sept. 1, 2020); SV servicing, collections and foreclosure (judicial foreclosures stayed); CL closings; CT courts and agencies (remote appearances; tolling of limitations under rule 9)
Grade: Primary source read
Days in this quarter: 0

Emergency rule 1. Unlawful detainers... (b) Issuance of summons. A court may not issue a summons on a complaint for unlawful detainer unless the court finds, in its discretion and on the record, that the action is necessary to protect public health and safety. (c) Entry of default. A court may not enter a default or a default judgment for restitution in an unlawful detainer action for failure of defendant to appear unless the court finds both of the following: (1) The action is necessary to protect public health and safety... (d) Time for trial. If a defendant has appeared in the action, the court may not set a trial date earlier than 60 days after a request for trial is made... (e) Sunset of rule. This rule will remain in effect through September 1, 2020... Emergency rule 2. Judicial foreclosures--suspension of actions... through September 1, 2020...: (1) All such actions are stayed…

Enforcement: Rules of court binding on every California court (Cal. Const. art. VI, § 6)

Citation: Judicial Council of California, California Rules of Court, Appendix I: Emergency Rules Related to COVID-19 (Emergency rules 1-13, adopted April 6, 2020, as amended) (Apr. 6, 2020) (Ex. AGY-ST-COURTS-068) Open the exhibit

Ex. AGY-ST-HEALTH-BOARDS-023

DCA Waiver DCA-20-04, Order Waiving Physician Assistant Supervision Requirements

Order Waiving Physician Assistant Supervision Requirements (practice agreement and supervision-ratio limits waived on conditions)

Kimberly Kirchmeyer, Director, Department of Consumer Affairs, California Department of Consumer Affairs, Director (Physician Assistant Board; Medical Board of California); State level (Sector regulator)

Dates: In force from Apr. 14, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersOther
Functions reached: HR staffing and supervision (PA ratios and practice agreements); CL clinical staffing; WF workforce
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Business and Professions Code section 3502 provides that a physician assistant may perform medical services... In addition, Business and Professions Code section 3516, subdivision (b) limits to [four] the number of physician assistants a physician and surgeon may supervise at any one time... [the Director waives] Business and Professions Code sections 3501, subdivisions (f)(1)(A)... to the extent... This order is effective immediately but may be amended as circumstances require. This order terminates 60 days from the date of the order, unless further extended.

Enforcement: Conditions of the waiver; Bus. & Prof. Code § 3527 (PA discipline)

Citation: Kimberly Kirchmeyer, Director, Department of Consumer Affairs, DCA Waiver DCA-20-04, Order Waiving Physician Assistant Supervision Requirements (Apr. 14, 2020) (Ex. AGY-ST-HEALTH-BOARDS-023) Open the exhibit

Ex. AGY-ST-HEALTH-BOARDS-024

DCA Waiver DCA-20-09, Order Waiving In-Person Physician Examination Requirement for Continued Physical Therapy Treatment

Order Waiving In-Person Physician Examination Requirement for Continued Physical Therapy Treatment (direct-access patients may continue beyond 45 days or 12 visits on a telehealth physician evaluation)

Kimberly Kirchmeyer, Director, Department of Consumer Affairs, California Department of Consumer Affairs, Director (Physical Therapy Board of California); State level (Sector regulator)

Dates: In force from May 6, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersOther
Functions reached: PR continued treatment (in-person physician evaluation replaced by telehealth); TM telehealth; CB patients and referral sources
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Accordingly, the Director waives Business and Professions Code section 2620.1, subdivision (a)(4) to the extent it requires a licensed physician and surgeon or podiatrist, as applicable, to conduct an 'in-person' patient examination and evaluation, subject to the condition that the examination and evaluation must [be performed via appropriate electronic means]. This order is effective immediately but may be amended as circumstances require. This order terminates 60 days from the date of the order, unless further extended.

Enforcement: Conditions of the waiver; Bus. & Prof. Code § 2660 (PT discipline)

Citation: Kimberly Kirchmeyer, Director, Department of Consumer Affairs, DCA Waiver DCA-20-09, Order Waiving In-Person Physician Examination Requirement for Continued Physical Therapy Treatment (May 6, 2020) (Ex. AGY-ST-HEALTH-BOARDS-024) Open the exhibit

Ex. AGY-ST-HEALTH-BOARDS-025

DCA Waiver DCA-20-10, Order Waiving Face-to-Face Supervision Requirements for Psychology Trainees

Order Waiving Face-to-Face Supervision Requirements for Psychology Trainees (supervision by electronic means)

Kimberly Kirchmeyer, Director, Department of Consumer Affairs, California Department of Consumer Affairs, Director (Board of Psychology); State level (Sector regulator)

Dates: In force from May 6, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersOther
Functions reached: HR training and supervision (remote supervision compelled by the closure regime); TM telehealth; WF workforce pipeline
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Accordingly, the Director waives California Code of Regulations, title 16, section 1387, subdivisions (b)(4) and (c)(2), and section 1387.3, subdivision (c)(1) to the extent they require supervision of trainees to be 'face-to-face.' Supervision may be conducted via appropriate electronic means. This order is effective immediately but may be amended as circumstances require. This order terminates 60 days from the date of the order, unless further extended.

Enforcement: Conditions of the waiver; Bus. & Prof. Code § 2960 (psychologist discipline)

Citation: Kimberly Kirchmeyer, Director, Department of Consumer Affairs, DCA Waiver DCA-20-10, Order Waiving Face-to-Face Supervision Requirements for Psychology Trainees (May 6, 2020) (Ex. AGY-ST-HEALTH-BOARDS-025) Open the exhibit

Ex. AGY-ST-HEALTH-BOARDS-026

DCA Waiver DCA-20-12, Order Waiving Face-to-Face Training and Supervision Requirements for Marriage Family Therapists, Professional Clinical Counselors, and Clinical Social Workers

Order Waiving Face-to-Face Training and Supervision Requirements for MFTs, PCCs and CSWs (trainees may provide telehealth mental-health services and be supervised remotely)

Kimberly Kirchmeyer, Director, Department of Consumer Affairs, California Department of Consumer Affairs, Director (Board of Behavioral Sciences); State level (Sector regulator)

Dates: In force from May 6, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersOther
Functions reached: TM telehealth (mental-health services by trainees); HR training and supervision; WF workforce pipeline; CB clients
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Accordingly, the Director waives Business and Professions Code section 4980.36, subdivisions (d)(1)(B)(ii) and (d)(1)(B)(vi)(II) and section 4999.33, subdivision (c)(3)(K) to the extent they require student trainees to provide 'face-to-face' mental health services in order to complete their required training. This order is effective immediately but may be amended as circumstances require. This order terminates 60 days from the date of the order, unless further extended.

Enforcement: Conditions of the waiver; Bus. & Prof. Code §§ 4982, 4992.3, 4999.90

Citation: Kimberly Kirchmeyer, Director, Department of Consumer Affairs, DCA Waiver DCA-20-12, Order Waiving Face-to-Face Training and Supervision Requirements for Marriage Family Therapists, Professional Clinical Counselors, and Clinical Social Workers (May 6, 2020) (Ex. AGY-ST-HEALTH-BOARDS-026) Open the exhibit

Ex. AGY-ST-HEALTH-BOARDS-027

DCA Waiver DCA-20-13, Order Waiving Postgraduate Training License Deadline

Order Waiving Postgraduate Training License Deadline (residents enrolled Jan. 1, 2020 need not obtain the postgraduate training license by June 30, 2020)

Kimberly Kirchmeyer, Director, Department of Consumer Affairs, California Department of Consumer Affairs, Director (Medical Board of California; Osteopathic Medical Board of California); State level (Sector regulator)

Dates: In force from May 6, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersOther
Functions reached: HR credentialing (resident physicians); WF hospital workforce
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Accordingly, for individuals who were enrolled in an approved postgraduate training program in California on January 1, 2020, and who are required to obtain a postgraduate training license from the Medical Board of California or the Osteopathic Medical Board of California by June 30, 2020, to practice [medicine, the Director waives the deadline]. This order is effective immediately but may be amended as circumstances require.

Enforcement: Conditions of the waiver; Bus. & Prof. Code § 2064.5

Citation: Kimberly Kirchmeyer, Director, Department of Consumer Affairs, DCA Waiver DCA-20-13, Order Waiving Postgraduate Training License Deadline (May 6, 2020) (Ex. AGY-ST-HEALTH-BOARDS-027) Open the exhibit

Ex. AGY-ST-HEALTH-SUBORDERS-088

AFL 20-52, Coronavirus Disease 2019 (COVID-19) Mitigation Plan Implementation and Submission

Every SNF must submit a CDPH-approved COVID-19 mitigation plan within 21 calendar days with six required elements (testing, full-time infection preventionist, PPE, staffing shortages, designated space, communication); failure may be cited as immediate jeopardy

Heidi W. Steinecker, Deputy Director, Center for Health Care Quality, CDPH, California - Department of Public Health, Center for Health Care Quality (State)

Dates: In force from May 11, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersWorkplace rulesSupply chain
Functions reached: IC infection control (full-time infection preventionist); SC PPE supply planning; HR staffing contingency; OF plan submission; RS designated spaces (bed use)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

AUTHORITY: Title 22 of the California Code of Regulations section 72523(c)... [This AFL requires SNFs to submit a mitigation plan with the required] elements to the California Department of Public Health (CDPH) within 21 calendar days... development and implementation of a CDPH approved COVID-19 mitigation plan. SNFs must submit a mitigation [plan; failure to do so may be cited as] immediate jeopardy. The mitigation plan must include the following six elements:... 2. Infection Prevention and Control. The SNF must have a full-time, dedicated Infection Preventionist (IP).... 3. Personal Protective Equipment (PPE). The SNF must have a plan for adequate provision of PPE... 4. Staffing Shortages. The SNF must have policies in place to address HCP shortages... 5. Designation of Space. The SNF must have policies in place for dedicated spaces within the facility.

Enforcement: 22 CCR § 72523(c); Health & Safety Code § 1280.1 (immediate jeopardy citations and administrative penalties)

Citation: Heidi W. Steinecker, Deputy Director, Center for Health Care Quality, CDPH, AFL 20-52, Coronavirus Disease 2019 (COVID-19) Mitigation Plan Implementation and Submission (May 11, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-088) Open the exhibit

Ex. AGY-ST-HEALTH-BOARDS-029

DCA Waiver DCA-20-21, Order Waiving Restrictions on Telemedicine and Extending Time to Refill Prescriptions (Veterinary Medical Board)

Order Waiving Restrictions on Telemedicine and Extending Time to Refill Prescriptions for veterinarians (in-person examination requirement waived where a veterinarian-client-patient relationship exists; prescription-duration limit extended)

Kimberly Kirchmeyer, Director, Department of Consumer Affairs, California Department of Consumer Affairs, Director (Veterinary Medical Board); State level (Sector regulator)

Dates: In force from June 4, 2020 to Oct. 31, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersOther
Functions reached: VET veterinary clinical services (telemedicine in place of in-person examinations; Industry 18 PS analog); PR prescriptions and refills; CB animal owners
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Accordingly, to enable the use of telemedicine to diagnose and treat animals in cases where a veterinarian-client-patient relationship is already established, the Director waives California Code of Regulations, title 16, section 2032.1, subdivisions (b)(2) and (3), to the extent they require veterinarians to perform an in-person examination of the animal in [order to diagnose and treat]... This order is effective immediately but may be amended as circumstances require.

Enforcement: Conditions of the waiver; Bus. & Prof. Code § 4883 (veterinary discipline)

Citation: Kimberly Kirchmeyer, Director, Department of Consumer Affairs, DCA Waiver DCA-20-21, Order Waiving Restrictions on Telemedicine and Extending Time to Refill Prescriptions (Veterinary Medical Board) (June 4, 2020) (Ex. AGY-ST-HEALTH-BOARDS-029) Open the exhibit

Ex. AGY-ST-HEALTH-BOARDS-030

DCA Waiver DCA-20-22, Order Waiving Face-to-Face Training Requirement (Veterinary Medical Board)

Order Waiving Face-to-Face Training Requirement for veterinary licensure applicants (regionally specific diseases curriculum may be delivered remotely)

Kimberly Kirchmeyer, Director, Department of Consumer Affairs, California Department of Consumer Affairs, Director (Veterinary Medical Board); State level (Sector regulator)

Dates: In force from June 4, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersOther
Functions reached: HR credentialing (veterinary licensure pipeline); WF workforce
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Accordingly, the Director waives California Code of Regulations, title 16, section 2021.3, subdivision (a), to the extent it requires the curriculum on regionally specific and important diseases and conditions to be presented 'face-to-face' in the state. This order is effective immediately but may be amended as circumstances require. This order terminates 60 days from the date of the order, unless further extended.

Enforcement: Conditions of the waiver; Bus. & Prof. Code § 4883

Citation: Kimberly Kirchmeyer, Director, Department of Consumer Affairs, DCA Waiver DCA-20-22, Order Waiving Face-to-Face Training Requirement (Veterinary Medical Board) (June 4, 2020) (Ex. AGY-ST-HEALTH-BOARDS-030) Open the exhibit

Ex. AGY-ST-HEALTH-BOARDS-031

DCA Waiver DCA-20-45, Order Waiving Restrictions on Pharmacies, Pharmacists and Pharmacy Technicians Relating to Ordering, Collecting Specimens for, and Performing COVID-19 Tests

Order Waiving Restrictions on Pharmacies, Pharmacists and Pharmacy Technicians Relating to Ordering, Collecting Specimens for, and Performing COVID-19 Tests (point-of-care testing in pharmacies)

Kimberly Kirchmeyer, Director, Department of Consumer Affairs, California Department of Consumer Affairs, Director (California State Board of Pharmacy); State level (Sector regulator)

Dates: In force from Aug. 25, 2020 to Sept. 30, 2021
Quarters: 2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersOther
Functions reached: DX diagnostics (pharmacy point-of-care COVID-19 testing); SC pharmacy operations; HR scope of practice (technicians); CB patients
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

The Director waives Business and Professions Code section 1206.5, subdivision (a), section 1209, subdivision (a)(2), and section 1265, subdivision (b) to the extent they prohibit a pharmacy, pharmacist or pharmacy technician from performing on [site COVID-19 tests]... this Order remain[s] subject to the direct supervision and control of a supervising pharmacist, pursuant to Business and Professions Code section 4115, subdivision (a).... This Order is effective immediately, and may be amended from time to time in the discretion of the Director.

Enforcement: Conditions of the waiver; Bus. & Prof. Code § 4301; § 1320 (clinical laboratory law)

Citation: Kimberly Kirchmeyer, Director, Department of Consumer Affairs, DCA Waiver DCA-20-45, Order Waiving Restrictions on Pharmacies, Pharmacists and Pharmacy Technicians Relating to Ordering, Collecting Specimens for, and Performing COVID-19 Tests (Aug. 25, 2020) (Ex. AGY-ST-HEALTH-BOARDS-031) Open the exhibit

Ex. AGY-ST-COURTS-004

In re: COVID-19 State of Emergency, En Banc No. 4, Misc. No. 263

En banc decision rescinding, as of Sept. 1, 2020, the suspension of the report-deadline rules and continuing the other March 18, 2020 suspensions

Workers' Compensation Appeals Board of the State of California (en banc), California Workers' Compensation Appeals Board (statewide) (Court)

Dates: In force from Sept. 1, 2020; end: n/a (partial restoration instrument); 'Suspension of the other Rules as outlined… (issued July 16, 2020)
Quarters: 2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Courts and public offices
Functions reached: CT courts and agencies
Grade: Primary source read
Days in this quarter: 0

The Appeals Board hereby rescinds its suspension of WCAB Rules 10961(a), 10962(c), 10990(f)(3)(E), and 10995(c)(3) as of September 1, 2020.... Suspension of the other Rules as outlined in the March 18, 2020 en banc decision remains in effect until further notice.

Enforcement: Binding en banc precedent (Cal. Code Regs. tit. 8, § 10325)

Citation: Workers' Compensation Appeals Board of the State of California (en banc), In re: COVID-19 State of Emergency, En Banc No. 4, Misc. No. 263 (July 16, 2020) (Ex. AGY-ST-COURTS-004) Open the exhibit

Ex. AGY-ST-LABOR-WORKPLACE-014

Senate Bill 1159 (Chapter 85, Statutes of 2020)

Workers' compensation: COVID-19 disputable presumptions (§ 3212.86 all employees Mar. 19 to July 5, 2020; § 3212.87 first responders and health care; § 3212.88 employees who test positive during an outbreak at the place of employment) and employer duty to report positive tests to the claims administrator within three business days

California Legislature; approved by Governor Newsom, California; Legislature (administered by the Division of Workers' Compensation, Department of Industrial Relations) (State)

Dates: In force from Sept. 17, 2020 to Jan. 1, 2023
Quarters: 2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesQuarantine and isolationOther
Functions reached: HR workers' compensation administration and reporting; WF (medical removal of infected employees); OP administration; PF production floor and every worksite (outbreak definition)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

3212.88. (a) This section applies to employees who are not described in Section 3212.87, who test positive during an outbreak at the employee's specific place of employment, and whose employer has five or more employees. (b) The term "injury," as used in this division, includes illness or death resulting from COVID-19 if all of the following circumstances apply... An "outbreak" exists if within 14 calendar days one of the following occurs at a specific place of employment: (A) If the employer has 100 employees or fewer at a specific place of employment, 4 employees test positive for COVID-19.

Enforcement: Civil penalty up to $10,000 for an employer that intentionally submits false or misleading outbreak information or fails to report (§ 3212.88(k)); Labor Commissioner

Citation: California Legislature; approved by Governor Newsom, Senate Bill 1159 (Chapter 85, Statutes of 2020) (Sept. 17, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-014) Open the exhibit

Ex. AGY-ST-LABOR-WORKPLACE-002

Finding of Emergency, Government Code section 11346.1: Proposed Emergency Regulation, COVID-19 Prevention (Title 8, §§ 3205, 3205.1, 3205.2, 3205.3, 3205.4), Business Meeting November 19, 2020

Finding of Emergency: COVID-19 Prevention emergency temporary standards

Occupational Safety and Health Standards Board, California; Occupational Safety and Health Standards Board (Cal/OSHA), Department of Industrial Relations (Sector regulator)

Dates: In force from Nov. 30, 2020 to June 17, 2021 (issued Nov. 19, 2020)
Quarters: 2020 Q42021 Q12021 Q22021 Q3
Limitations: Face-covering requirementWorkplace rulesQuarantine and isolationSupply chain
Functions reached: EMP written COVID-19 Prevention Program, hazard identification, distancing, face coverings, ventilation, cleaning; WF exclusion of COVID-19 cases and exposed employees with pay maintenance; outbreak testing; HR training and communication; SC employer-provided housing and transportation (§§ 3205.3, 3205.4)
Grade: Primary source read
Days in this quarter: 0

The Board finds that immediate action must be taken to avoid serious harm to the public peace, health, safety, or general welfare... Proposed subsection (c) requires employers to establish, implement, and maintain an effective, written COVID-19 Prevention Program (Program).

Enforcement: Cal/OSHA citations and civil penalties, Labor Code § 6317 et seq.; Labor Code §§ 60.5 and 6308 (the Division is charged with enforcement of the California Occupational Safety and Health Act, Labor Code § 6300 et seq.)

Citation: Occupational Safety and Health Standards Board, Finding of Emergency, Government Code section 11346.1: Proposed Emergency Regulation, COVID-19 Prevention (Title 8, §§ 3205, 3205.1, 3205.2, 3205.3, 3205.4), Business Meeting November 19, 2020 (Nov. 19, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-002) Open the exhibit

Ex. AGY-ST-HEALTH-BOARDS-036

DCA Waiver DCA-21-105, Order Waiving Restrictions on Registered Nurse Temporary Licenses

Order Waiving Restrictions on Registered Nurse Temporary Licenses (applicants applying July 1, 2020 - June 30, 2021)

Kimberly Kirchmeyer, Director, Department of Consumer Affairs, California Department of Consumer Affairs, Director (Board of Registered Nursing); State level (Sector regulator)

Dates: In force from Jan. 25, 2021 to Sept. 30, 2021
Quarters: 2021 Q12021 Q22021 Q3
Limitations: Health care ordersOther
Functions reached: HR credentialing (nurse temporary licenses); WF workforce
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Accordingly, for registered nurse license applicants that apply for licensure pursuant to Business and Professions Code section 2732.1, subdivision (b), between July 1, 2020, and June 30, 2021, the Director waives Business and Professions Code section 2733, subdivision (a)(1)(A), and California Code of [Regulations... to the extent they limit the duration of a temporary license]. This order is effective immediately but may be amended as circumstances require.

Enforcement: Conditions of the waiver; Bus. & Prof. Code § 2761

Citation: Kimberly Kirchmeyer, Director, Department of Consumer Affairs, DCA Waiver DCA-21-105, Order Waiving Restrictions on Registered Nurse Temporary Licenses (Jan. 25, 2021) (Ex. AGY-ST-HEALTH-BOARDS-036) Open the exhibit

Ex. AGY-ST-ALCOHOL-067

Seventh Notice of Regulatory Relief

Seventh Notice of Regulatory Relief (items 18-19: renewal of charitable-promotion relief; relief from the Type 75 requirement to produce 100 barrels of beer annually during the state of emergency)

California Department of Alcoholic Beverage Control, California (State alcoholic-beverage regulator) (Sector regulator)

Dates: In force from Mar. 1, 2021 to Sept. 30, 2021
Quarters: 2021 Q12021 Q22021 Q3
Limitations: Alcohol and barsOther
Functions reached: PF production (brewpubs); BA; CB
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Unless otherwise noted, those temporary relief measures remain in place, and the Department now issues the following relief to allow Type-75 Brewpub-Restaurants to produce less than the statutorily required 100 barrels of beer during the current state of emergency: 19. Relief from Type-75 Requirement to Produce 100 Barrels of Beer Annually

Enforcement: Relief withdrawable

Citation: California Department of Alcoholic Beverage Control, Seventh Notice of Regulatory Relief (Mar. 1, 2021) (Ex. AGY-ST-ALCOHOL-067) Open the exhibit

Ex. AGY-ST-HEALTH-BOARDS-037

DCA Waiver DCA-21-137, Order Waiving Restrictions on Licensed Midwives, Physician Assistants, Respiratory Care Practitioners, and Veterinarians Ordering and Administering COVID-19 Vaccines in Association with State or Local Vaccination Efforts

Order Waiving Restrictions on Licensed Midwives, Physician Assistants, Respiratory Care Practitioners, and Veterinarians Ordering and Administering COVID-19 Vaccines

Kimberly Kirchmeyer, Director, Department of Consumer Affairs, California Department of Consumer Affairs, Director (Medical Board; Physician Assistant Board; Respiratory Care Board; Veterinary Medical Board); State level (Sector regulator)

Dates: In force from Mar. 30, 2021 to Sept. 30, 2021
Quarters: 2021 Q12021 Q22021 Q3
Limitations: Health care ordersVaccination or testingOther
Functions reached: HR scope of practice (veterinarians and others redeployed to vaccination); WF workforce; CB patients
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

the Director waives any statutory or regulatory provision in Division 2 of the Code and the implementing regulations, to the extent that such provision prohibits any licensed midwife, physician assistant, respiratory care practitioner, or veterinarian from independently ordering or administering COVID-19 vaccines, [in association with State or local vaccination efforts]. This waiver is effective immediately but may be amended as circumstances require.

Enforcement: Conditions of the waiver; practice-act discipline provisions

Citation: Kimberly Kirchmeyer, Director, Department of Consumer Affairs, DCA Waiver DCA-21-137, Order Waiving Restrictions on Licensed Midwives, Physician Assistants, Respiratory Care Practitioners, and Veterinarians Ordering and Administering COVID-19 Vaccines in Association with State or Local Vaccination Efforts (Mar. 30, 2021) (Ex. AGY-ST-HEALTH-BOARDS-037) Open the exhibit

Ex. AGY-ST-HEALTH-BOARDS-038

DCA Waiver DCA-21-152, Order Waiving License Renewal Requirements (Division 2) [supersedes DCA-21-134]

Order Waiving License Renewal Requirements (renewal examinations and continuing education waived for Division 2 licenses expiring Mar. 31, 2020 - July 31, 2021)

Kimberly Kirchmeyer, Director, Department of Consumer Affairs, California Department of Consumer Affairs, Director (all Division 2 healing-arts boards); State level (Sector regulator)

Dates: In force from June 3, 2021 to July 31, 2021
Quarters: 2021 Q22021 Q3
Limitations: Health care ordersOther
Functions reached: HR credentialing and renewal (every healing-arts profession)
Grade: Primary source read
Days in this quarter: 31 (in force on the first day)

Accordingly, for individuals whose active licenses expire between March 31, 2020, and July 31, 2021, the Director temporarily waives: 1. any statutory or regulatory requirement that individuals renewing a license pursuant to Division 2 of the Code take and pass an examination in order [to renew; and 2. any continuing-education requirement].

Enforcement: Conditions of the waiver; practice-act discipline provisions

Citation: Kimberly Kirchmeyer, Director, Department of Consumer Affairs, DCA Waiver DCA-21-152, Order Waiving License Renewal Requirements (Division 2) [supersedes DCA-21-134] (June 3, 2021) (Ex. AGY-ST-HEALTH-BOARDS-038) Open the exhibit

Ex. AGY-ST-TRADE-BOARDS-050

DCA Waiver DCA-21-153, Order Waiving License Renewal Requirements (Division 3 licenses expiring Mar. 31, 2020-July 31, 2021; supersedes DCA-21-135)

Order Waiving License Renewal Requirements (Division 3), June 3, 2021

California DCA, Director Kimberly Kirchmeyer, California; Department of Consumer Affairs (Division 3 boards) (Sector regulator)

Dates: In force from June 3, 2021 to Sept. 30, 2021
Quarters: 2021 Q22021 Q3
Limitations: Other
Functions reached: HR; OP
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Accordingly, for individuals whose licenses expire between March 31, [2020], and July 31, 2021, the Director temporarily waives any statutory or [regulatory requirement that an individual renewing a license pursuant to] Division 3 of the Code complete, or demonstrate compliance with, any [continuing education].... The October 22, 2020, December 15, 2020, February 26, 2021, and March 30, 2021, orders are hereby withdrawn and rescinded.

Enforcement: DCA order

Citation: California DCA, Director Kimberly Kirchmeyer, DCA Waiver DCA-21-153, Order Waiving License Renewal Requirements (Division 3 licenses expiring Mar. 31, 2020-July 31, 2021; supersedes DCA-21-135) (June 3, 2021) (Ex. AGY-ST-TRADE-BOARDS-050) Open the exhibit

Ex. AGY-ST-CORRECTIONS-EMA-GUARD-016

CDCR/CCHCS memorandum, 'Clarification of Ongoing COVID-19 Protocols in Correctional Facilities' (June 15, 2021; archived June 23, 2021)

No change to CDCR's directive on protective equipment upon the State's June 15, 2021 reopening: masks continue to be required in correctional facilities regardless of vaccination status; current memoranda on masking and physical distancing remain in force at all institutions, regional offices and headquarters

CDCR and CCHCS (Secretary Kathleen Allison), California Department of Corrections and Rehabilitation and CCHCS; State level (State)

Dates: In force from June 15, 2021 to Aug. 2, 2021
Quarters: 2021 Q22021 Q3
Limitations: Face-covering requirementWorkplace rules
Functions reached: EMP masking and distancing of every contractor on institutional grounds after the State reopening; VS visitors; OP regional offices and headquarters
Grade: Primary source read
Days in this quarter: 33 (in force on the first day)

Even though the governor has lifted pandemic orders for many, this action comes with the expectation that CDCR continues to follow Centers for Disease Control and Prevention's (CDC) guidelines requiring masks in correctional facilities. As a result, there will be no changes to CDCR's current directive on protective equipment for staff and incarcerated people. CDCR and CCHCS will continue to follow current department memorandums/directives on masking, physical distancing, and other COVID-19 response efforts at all institutions, regional offices, and headquarters.... the CDC issued guidelines on June 9, 2021, for state and local correctional and detention facilities and noted that regardless of vaccination status, masks are required.

Enforcement: Departmental directive; condition of access to institutions

Citation: CDCR and CCHCS (Secretary Kathleen Allison), CDCR/CCHCS memorandum, 'Clarification of Ongoing COVID-19 Protocols in Correctional Facilities' (June 15, 2021; archived June 23, 2021) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-016) Open the exhibit

Ex. AGY-ST-HEALTH-BOARDS-039

DCA Waiver DCA-21-165, Order Extending DCA-20-02, 20-57, and 20-91, Order Waiving License Reactivation or Restoration Requirements

Order Waiving License Reactivation or Restoration Requirements (extension of Mar. 31, 2020 order)

Kimberly Kirchmeyer, Director, Department of Consumer Affairs, California Department of Consumer Affairs, Director (all Division 2 healing-arts boards); State level (Sector regulator)

Dates: In force from July 1, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Health care ordersOther
Functions reached: HR credentialing (reactivation); WF workforce
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Accordingly, the Director temporarily waives any statutory or regulatory requirement that an individual seeking to reactivate or restore a license originally issued pursuant to Division 2 of the Code: Complete, or demonstrate compliance with, any continuing education... This Order is effective immediately and may be amended as circumstances require.

Enforcement: Conditions of the waiver; practice-act discipline provisions

Citation: Kimberly Kirchmeyer, Director, Department of Consumer Affairs, DCA Waiver DCA-21-165, Order Extending DCA-20-02, 20-57, and 20-91, Order Waiving License Reactivation or Restoration Requirements (July 1, 2021) (Ex. AGY-ST-HEALTH-BOARDS-039) Open the exhibit

Ex. AGY-ST-HEALTH-BOARDS-040

DCA Waiver DCA-21-173, Order Further Extending DCA-21, 20-42, 20-59, 20-99, 21-126, and 21-151, Order Waiving Restrictions on Telemedicine and Extending Time to Refill Prescriptions

Order Further Extending the June 4, 2020 veterinary telemedicine and prescription-refill waiver (to Aug. 31, 2021)

Kimberly Kirchmeyer, Director, Department of Consumer Affairs, California Department of Consumer Affairs, Director (Veterinary Medical Board); State level (Sector regulator)

Dates: In force from July 1, 2021 to Aug. 31, 2021
Quarters: 2021 Q3
Limitations: Health care ordersOther
Functions reached: VET veterinary clinical services (telemedicine); PR prescriptions; CB animal owners
Grade: Primary source read
Days in this quarter: 62 (in force on the first day)

Accordingly, to enable the use of telemedicine to diagnose and treat animals in cases where a veterinarian-client-patient relationship is already established, the Director waives California Code of Regulations, title 16, section 2032.1, subdivisions (b)(2) and (3), to the extent they require veterinarians to perform an [in-person examination]... this order terminates on August 31, 2021, unless further [extended].

Enforcement: Conditions of the waiver; Bus. & Prof. Code § 4883

Citation: Kimberly Kirchmeyer, Director, Department of Consumer Affairs, DCA Waiver DCA-21-173, Order Further Extending DCA-21, 20-42, 20-59, 20-99, 21-126, and 21-151, Order Waiving Restrictions on Telemedicine and Extending Time to Refill Prescriptions (July 1, 2021) (Ex. AGY-ST-HEALTH-BOARDS-040) Open the exhibit

Ex. AGY-ST-EDUCATION-HIGHER-ED-008

University of California Policy, SARS-CoV-2 (COVID-19) Vaccination Program (final policy issued July 15, 2021)

Systemwide requirement that students, faculty and staff who access UC locations be vaccinated against COVID-19 (with medical, disability and religious exceptions) as a condition of physical access for the fall 2021 term

President Michael V. Drake, M.D. (Interim President Drake; policy issued by the Office of the President), University of California, Office of the President; State level (State)

Dates: In force from July 15, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Workplace rulesVaccination or testing
Functions reached: IN in-person instruction conditioned on vaccination; CP housing; HR onboarding and compliance; WF campus workforce; CB students
Grade: Confirmed from a secondary source
Days in this quarter: 78 (in force on the last day)

Enforcement: Exclusion from UC locations and programs for non-compliance (policy terms); Cal. Const. art. IX, s. 9

Citation: President Michael V. Drake, M.D. (Interim President Drake; policy issued by the Office of the President), University of California Policy, SARS-CoV-2 (COVID-19) Vaccination Program (final policy issued July 15, 2021) (Ex. AGY-ST-EDUCATION-HIGHER-ED-008)

Ex. AGY-ST-HEALTH-BOARDS-041

DCA Waiver DCA-21-175, Order Waiving License Renewal Requirements (Division 2) [supersedes DCA-21-152]

Order Waiving License Renewal Requirements (renewal examinations and continuing education waived for Division 2 licenses expiring Mar. 31, 2020 - Sept. 30, 2021)

Kimberly Kirchmeyer, Director, Department of Consumer Affairs, California Department of Consumer Affairs, Director (all Division 2 healing-arts boards); State level (Sector regulator)

Dates: In force from July 26, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Health care ordersOther
Functions reached: HR credentialing and renewal (every healing-arts profession)
Grade: Primary source read
Days in this quarter: 67 (in force on the last day)

Accordingly, for individuals whose active licenses expire between March 31, 2020, and September 30, 2021, the Director temporarily waives: 1. any statutory or regulatory requirement that individuals renewing a license pursuant to Division 2 of the Code take and pass an examination in order [to renew; and 2. any continuing-education requirement].

Enforcement: Conditions of the waiver; practice-act discipline provisions

Citation: Kimberly Kirchmeyer, Director, Department of Consumer Affairs, DCA Waiver DCA-21-175, Order Waiving License Renewal Requirements (Division 2) [supersedes DCA-21-152] (July 26, 2021) (Ex. AGY-ST-HEALTH-BOARDS-041) Open the exhibit

Ex. AGY-ST-TRADE-BOARDS-051

DCA Waiver DCA-21-176, Order Waiving License Renewal Requirements (Division 3 licenses expiring Mar. 31, 2020-Sept. 30, 2021; supersedes DCA-21-153)

Order Waiving License Renewal Requirements (Division 3), July 2021

California DCA, Director Kimberly Kirchmeyer, California; Department of Consumer Affairs (Division 3 boards) (Sector regulator)

Dates: In force from July 26, 2021 to Sept. 28, 2021
Quarters: 2021 Q3
Limitations: Other
Functions reached: HR continuing education for every non-health licensed trade in California through Sept. 30, 2021; OP
Grade: Primary source read
Days in this quarter: 65

Pursuant to the Governor's Executive Orders N-40-20, N-75-20, and N-08-21, [the Director of the Department of] Consumer Affairs may, for licensing agencies within the Department, waive any [statutory or regulatory continuing education requirements pertaining to] individuals licensed pursuant to Division 3 of the Business and Professions Code. Accordingly, for individuals whose licenses expire between March 31, 2020, and September 30, 2021, the Director temporarily waives any statutory or regulatory requirement that an individual renewing a license pursuant to Division 3 of the [Code complete, or demonstrate compliance with, any continuing education].

Enforcement: DCA order

Citation: California DCA, Director Kimberly Kirchmeyer, DCA Waiver DCA-21-176, Order Waiving License Renewal Requirements (Division 3 licenses expiring Mar. 31, 2020-Sept. 30, 2021; supersedes DCA-21-153) (July 26, 2021) (Ex. AGY-ST-TRADE-BOARDS-051) Open the exhibit

Ex. AGY-ST-EDUCATION-HIGHER-ED-035

California State University to Implement COVID-19 Vaccination Requirement for Fall 2021 Term (July 27, 2021) and the Interim CSU COVID-19 Vaccination Policy

Requirement that CSU students, faculty and staff accessing campus facilities be vaccinated (with exemptions) for the fall 2021 term

Chancellor Joseph I. Castro, California State University (Chancellor's Office); State level (State)

Dates: In force from July 27, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Workplace rulesVaccination or testing
Functions reached: IN in-person instruction conditioned on vaccination; HR compliance; WF campus workforce; CB students
Grade: Confirmed from a secondary source
Days in this quarter: 66 (in force on the last day)

Enforcement: Exclusion from campus facilities and programs for non-compliance (policy terms)

Citation: Chancellor Joseph I. Castro, California State University to Implement COVID-19 Vaccination Requirement for Fall 2021 Term (July 27, 2021) and the Interim CSU COVID-19 Vaccination Policy (Ex. AGY-ST-EDUCATION-HIGHER-ED-035) Open the exhibit

Ex. AGY-ST-HEALTH-SUBORDERS-110

Guidance for the Use of Face Coverings (effective July 28, 2021)

Masks required for all individuals regardless of vaccination status in health care settings, long-term care, K-12 schools, child care and youth settings, public transit and transportation hubs, homeless and emergency shelters, cooling centers, correctional and detention facilities; masks required for unvaccinated persons in all indoor public settings and businesses; businesses may choose verification, self-attestation or universal masking

California Department of Public Health (State Public Health Officer), California - Department of Public Health (State health department; State Public Health Officer) (State)

Dates: In force from July 28, 2021 to Dec. 15, 2021
Quarters: 2021 Q3
Limitations: Face-covering requirementSchools and child careHealth care ordersWorkplace rules
Functions reached: SF sales floor and premises (mask rules for unvaccinated customers; business verification duty); IC health-care settings (universal masking); WF workforce (school, child care, transit); HR employer policies; CB customers
Grade: Primary source read
Days in this quarter: 65 (in force on the last day)

Note: This guidance is effective July 28, 2021 and supersedes all prior face [covering guidance].... In California, unvaccinated persons continue to be required to wear masks in all indoor public settings.... Masks are required for all individuals in the following indoor settings, regardless of vaccination status: [public transit and transportation hubs; indoors in K-12 schools, childcare and other youth settings; healthcare settings including long-term care facilities; State and local correctional facilities and detention centers; homeless shelters, emergency shelters and cooling centers]... Additionally, masks are required for unvaccinated individuals in indoor public settings and businesses... Guidance for Businesses, Venue Operators or Hosts [must choose verification, self-attestation or universal masking].

Enforcement: Health & Safety Code § 120295 (violation of the State Public Health Officer's order is a misdemeanor); Cal/OSHA COVID-19 Prevention ETS, 8 CCR § 3205 (workplace face-covering rules for unvaccinated employees)

Citation: California Department of Public Health (State Public Health Officer), Guidance for the Use of Face Coverings (effective July 28, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-110) Open the exhibit

Ex. AGY-ST-CORRECTIONS-EMA-GUARD-009

CDCR/CCHCS memorandum, 'COVID-19 Vaccination Status Verification Requirements' (as archived July 30, 2021)

Proof of full vaccination or regular COVID-19 testing for all CDCR and CCHCS State employees, registry providers and other contract workers, effective Aug. 2, 2021; procedure, N95 or KN95 masks required of employees and visitors at every institution regardless of vaccination status

CDCR and CCHCS (Employee Health Program), implementing CalHR, California Department of Corrections and Rehabilitation and CCHCS, implementing a California Department of Human Resources requirement; State level (State)

Dates: In force from Aug. 2, 2021 to Aug. 19, 2021 (issued July 30, 2021)
Quarters: 2021 Q3
Limitations: Face-covering requirementWorkplace rulesVaccination or testing
Functions reached: HR registry (travel nurse) and contract staffing firms supplying the prisons; WF workforce of every health-care and staffing vendor; EMP masking of vendors and visitors at 35 institutions; VS visiting
Grade: Primary source read
Days in this quarter: 18

Effective August 2, 2021, all CDCR and CCHCS state employees, registry providers, and other contract workers, shall show proof of full-vaccination status, or they will be subject to regular intervals of COVID-19 testing. Self-attestation of full-vaccination status is no longer sufficient to be exempt from COVID-19 testing protocols.... When visiting, working, or performing duties at any CDCR institution or facility, employees and visitors shall wear either a procedure, N95, or KN95 mask at all times, with limited exceptions, regardless of vaccination status.... Hiring Authorities shall ensure unvaccinated and partially-vaccinated state employees, registry providers and other contract workers, and staff without record of full vaccination, receive regular and ongoing mandatory COVID-19 testing.

Enforcement: Condition of access and employment; staff declining to share status 'shall be treated as unvaccinated' and subject to testing and masking

Citation: CDCR and CCHCS (Employee Health Program), implementing CalHR, CDCR/CCHCS memorandum, 'COVID-19 Vaccination Status Verification Requirements' (as archived July 30, 2021) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-009) Open the exhibit

Ex. AGY-ST-HEALTH-SUBORDERS-091

AFL 21-28 (as revised), Coronavirus Disease 2019 (COVID-19) Testing, Vaccination Verification and Personal Protective Equipment for Health Care Personnel at Skilled Nursing Facilities

SNFs must verify HCP vaccination status and test unvaccinated HCP under the July 26, 2021 order (effective Aug. 9, 2021; facilities in compliance no later than Aug. 23, 2021); later revisions add booster and twice-weekly testing requirements

Cassie Dunham, Deputy Director, Center for Health Care Quality, CDPH, California - Department of Public Health, Center for Health Care Quality (State)

Dates: In force from Aug. 9, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testing
Functions reached: HR workforce (vaccination verification; testing of the unvaccinated); IC infection control and PPE; OF documentation
Grade: Confirmed from a secondary source
Days in this quarter: 53 (in force on the last day)

The Public Health Order issued July 26, 2021 related to unvaccinated workers in high risk setting becomes effective August 9, 2021.... [Facilities must be in] compliance no later than August 23, 2021.... CDPH is requiring HCP to be up to date with vaccinations and receive boosters by March 1, 2022, unless exempt.... [Unvaccinated or unboosted HCP] must be tested for COVID-19 at least twice weekly. Facilities must begin testing of all booster-eligible HCP who have not yet received their booster by December 27, 2021.

Enforcement: Health & Safety Code § 120295 (violation of a public health order); § 1280.1

Citation: Cassie Dunham, Deputy Director, Center for Health Care Quality, CDPH, AFL 21-28 (as revised), Coronavirus Disease 2019 (COVID-19) Testing, Vaccination Verification and Personal Protective Equipment for Health Care Personnel at Skilled Nursing Facilities (Aug. 9, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-091) Open the exhibit

Ex. AGY-ST-HEALTH-SUBORDERS-086

AFL 20-22.9, Guidance for Limiting the Transmission of COVID-19 in Skilled Nursing Facilities (revision of Aug. 12, 2021; series begun March 2020)

Skilled nursing facilities: visitation rules; from Aug. 12, 2021 visitors who are unvaccinated or incompletely vaccinated must show documentation of a negative test for indoor visitation; facilities must have a plan for tracking verified visitor vaccination status and must document verification

California Department of Public Health, Center for Health Care Quality, California - Department of Public Health, Center for Health Care Quality (State health department; health-facility licensing) (State)

Dates: In force from Aug. 12, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Travel and quarantineHealth care ordersVaccination or testingOther
Functions reached: VS visitation (vaccination or test verification at the door); IC infection control; OF documentation (verification plans and records); CB families
Grade: Primary source read
Days in this quarter: 50 (in force on the last day)

Visitors who are unvaccinated or incompletely vaccinated must show documentation of a [negative COVID-19 test]... [Facilities] must have a plan in place for tracking verified visitor vaccination status. Documentation of the verification must be [maintained]... Visitors that are unvaccinated or incompletely vaccinated and are seeking indoor visitation must show [proof of a negative test]; the test used must either have Emergency Use Authorization by the U.S. Food and Drug Administration or be operating [under a laboratory-developed test]... Facilities shall conduct visitation through different means based on the facility's structure and residents' needs.

Enforcement: Health & Safety Code §§ 1280.1 (administrative penalties), 1290; § 120295 (violation of a public health order)

Citation: California Department of Public Health, Center for Health Care Quality, AFL 20-22.9, Guidance for Limiting the Transmission of COVID-19 in Skilled Nursing Facilities (revision of Aug. 12, 2021; series begun March 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-086) Open the exhibit

Ex. AGY-ST-HEALTH-BOARDS-042

DCA Waiver DCA-21-193, Order Further Extending DCA-21, 20-42, 20-59, 20-99, 21-126, 21-151, and 21-173, Order Waiving Restrictions on Telemedicine and Extending Time to Refill Prescriptions

Order Further Extending the June 4, 2020 veterinary telemedicine and prescription-refill waiver (to Oct. 31, 2021)

Kimberly Kirchmeyer, Director, Department of Consumer Affairs, California Department of Consumer Affairs, Director (Veterinary Medical Board); State level (Sector regulator)

Dates: In force from Aug. 31, 2021 to Oct. 31, 2021
Quarters: 2021 Q3
Limitations: Health care ordersOther
Functions reached: VET veterinary clinical services (telemedicine); PR prescriptions and refills; CB animal owners
Grade: Primary source read
Days in this quarter: 31 (in force on the last day)

Accordingly, to enable the use of telemedicine to diagnose and treat animals in cases where a veterinarian-client-patient relationship is already established, the Director waives California Code of Regulations, title 16, section 2032.1, subdivisions (b)(2) and (3), to the extent they require veterinarians to perform an [in-person examination]... the Director waives California Code of Regulations, title 16, section 2032.1, subdivision (c), to the extent it prohibits a veterinarian from prescribing a drug for a duration longer than one year from the date the veterinarian examined the animal and prescribed the drug, subject to the condition that any such [prescription...]... this order terminates on October 31, 2021, unless [further extended].

Enforcement: Conditions of the waiver; Bus. & Prof. Code § 4883

Citation: Kimberly Kirchmeyer, Director, Department of Consumer Affairs, DCA Waiver DCA-21-193, Order Further Extending DCA-21, 20-42, 20-59, 20-99, 21-126, 21-151, and 21-173, Order Waiving Restrictions on Telemedicine and Extending Time to Refill Prescriptions (Aug. 31, 2021) (Ex. AGY-ST-HEALTH-BOARDS-042) Open the exhibit

Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-031

Board Report No. 091-21/22 (Rep-091-21/22), Proposed Resolution Requiring COVID-19 Vaccinations for Eligible Students (special Board meeting, Sept. 9, 2021), with the Superintendent's Resolution Requesting the Board of Education of the Los Angeles Unified School District to Require COVID-19 Vaccination for Eligible Students

Resolution requiring COVID-19 vaccination of all students twelve and older who access in-person instruction on District facilities (adopted as amended, Ex. 032)

Board of Education of the City of Los Angeles; Interim Superintendent Megan K. Reilly (Office of the Superintendent), Los Angeles Unified School District Board of Education, California (City)

Dates: In force from Sept. 9, 2021 to Dec. 14, 2021
Quarters: 2021 Q3
Limitations: Schools and child careWorkplace rulesVaccination or testing
Functions reached: IN access to in-person instruction conditioned on vaccination; AC athletics and extracurriculars (earlier deadlines); HR employee vaccination requirement (recited); WF; CB families
Grade: Primary source read
Days in this quarter: 22 (in force on the last day)

The proposed Resolution would require all Los Angeles Unified School District ('LAUSD' or 'District') and charter school students on co-located LAUSD school facilities who are eligible to receive the COVID-19 vaccine, excluding those students with qualified and approved exemptions and conditional admissions, to become vaccinated and provide proof of vaccination pursuant to the timeline outlined below and within the Resolution as a mandatory precondition to accessing LAUSD school facilities.... The COVID-19 pandemic and the national, state, and local orders responding to same have caused considerable challenges for public schools, including but not limited to the closure of all LAUSD school facilities for in-person instruction and resulting in distance learning program implemented by LAUSD through most of the 2020-21 school year. Although LAUSD has returned to in-person instruction for…

Enforcement: Mandatory precondition to access to District facilities; exclusion from in-person programs; Board resolution adopted by the governing board

Citation: Board of Education of the City of Los Angeles; Interim Superintendent Megan K. Reilly (Office of the Superintendent), Board Report No. 091-21/22 (Rep-091-21/22), Proposed Resolution Requiring COVID-19 Vaccinations for Eligible Students (special Board meeting, Sept. 9, 2021), with the Superintendent's Resolution Requesting the Board of Education of the Los Angeles Unified School District to Require COVID-19 Vaccination for Eligible Students (Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-031) Open the exhibit

Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-032

Stamped Order of Business, Special Board Meeting of September 9, 2021 (Board Report No. 091-21/22: ADOPTED AS AMENDED)

Record of adoption of the student vaccination resolution (Version 2 of report and resolution)

Board of Education of the City of Los Angeles, Los Angeles Unified School District Board of Education, California (City)

Dates: In force from Sept. 9, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Schools and child careVaccination or testing
Functions reached: IN; AC; WF
Grade: Primary source read
Days in this quarter: 22 (in force on the last day)

1. Board of Education Report No. 091 - 21/22 ADOPTED AS AMENDED Office of the Superintendent (Adopted Version 2 of report and resolution) (Proposed Resolution Requiring COVID-19 Vaccinations for Eligible Students) Recommends approval of a resolution requiring COVID-19 vaccinations for all students who access in-person instructional programs operated on District facilities, who are 12 years of age and older.

Enforcement: Board vote

Citation: Board of Education of the City of Los Angeles, Stamped Order of Business, Special Board Meeting of September 9, 2021 (Board Report No. 091-21/22: ADOPTED AS AMENDED) (Sept. 9, 2021) (Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-032) Open the exhibit

Ex. AGY-ST-HEALTH-SUBORDERS-092

AFL 21-34, Coronavirus Disease 2019 (COVID-19) Vaccine Requirement for Healthcare Personnel (HCP)

All facilities: HCP must be fully vaccinated by Sept. 30, 2021 unless exempt; facilities must document HCP vaccination or exemption status by Sept. 30, 2021; HCP includes all paid and unpaid individuals working in indoor settings where care is provided

CDPH, Center for Health Care Quality, California - Department of Public Health, Center for Health Care Quality (State)

Dates: In force from Sept. 9, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testing
Functions reached: HR workforce (vaccination as a condition of working indoors in any licensed facility from Sept. 30, 2021); IC infection control; OF documentation of status and exemptions; WF workforce (contractors, vendors, students and volunteers included)
Grade: Primary source read
Days in this quarter: 22 (in force on the last day)

This AFL notifies all facilities of the August 5, 2021 Public Health Order related to mandatory vaccination [of health care workers]... This AFL requires HCP to receive COVID-19 vaccination. HCP must ensure they have received either the [second dose of a two-dose regimen or a single-dose regimen by September 30,] 2021, unless exempt. Facilities must document HCP COVID-19 vaccination or exemption status by September 30, 2021 to be in [compliance]... HCP subject to the vaccine requirement include all paid and unpaid individuals who work in indoor settings where [care is provided to patients or where patients have access]... To be eligible for a Qualified Medical Reasons exemption, the HCP must also provide their employer with a written [statement from a licensed practitioner].

Enforcement: Health & Safety Code § 120295 (violation of the Public Health Officer Order is a misdemeanor); § 1280.1 (administrative penalties); facility licensure

Citation: CDPH, Center for Health Care Quality, AFL 21-34, Coronavirus Disease 2019 (COVID-19) Vaccine Requirement for Healthcare Personnel (HCP) (Sept. 9, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-092) Open the exhibit

Ex. AGY-ST-HEALTH-BOARDS-043

DCA Waiver DCA-21-194, Order Waiving License Renewal Requirements (Division 2)

Order Waiving License Renewal Requirements (renewal examinations and continuing education waived for Division 2 licenses expiring Oct. 1 - Oct. 31, 2021)

Kimberly Kirchmeyer, Director, Department of Consumer Affairs, California Department of Consumer Affairs, Director (all Division 2 healing-arts boards); State level (Sector regulator)

Dates: In force from Sept. 28, 2021 to Oct. 31, 2021
Quarters: 2021 Q3
Limitations: Health care ordersOther
Functions reached: HR credentialing and renewal (every healing-arts profession)
Grade: Primary source read
Days in this quarter: 3 (in force on the last day)

Accordingly, for individuals whose active licenses expire between October 1, 2021, and October 31, 2021, the Director temporarily waives: 1. any statutory or regulatory requirement that individuals renewing a license pursuant to Division 2 of the Code take and pass an examination in order [to renew; and 2. any continuing-education requirement].

Enforcement: Conditions of the waiver; practice-act discipline provisions

Citation: Kimberly Kirchmeyer, Director, Department of Consumer Affairs, DCA Waiver DCA-21-194, Order Waiving License Renewal Requirements (Division 2) (Sept. 28, 2021) (Ex. AGY-ST-HEALTH-BOARDS-043) Open the exhibit

Ex. AGY-ST-TRADE-BOARDS-052

DCA Waiver DCA-21-195, Order Waiving License Renewal Requirements (Division 3 licenses expiring Oct. 1-31, 2021)

Order Waiving License Renewal Requirements (Division 3), Sept. 28, 2021

California DCA, Director Kimberly Kirchmeyer, California; Department of Consumer Affairs (Division 3 boards) (Sector regulator)

Dates: In force from Sept. 28, 2021 to Oct. 31, 2021
Quarters: 2021 Q3
Limitations: Other
Functions reached: HR; OP
Grade: Primary source read
Days in this quarter: 3 (in force on the last day)

Accordingly, for individuals whose licenses expire between October 1, 2021, and October 31, 2021, the Director temporarily waives any statutory or regulatory requirement that an individual renewing a license pursuant to Division 3 of the [Code complete, or demonstrate compliance with, any continuing education].... These waivers are effective immediately but may be amended as [circumstances require].

Enforcement: DCA order

Citation: California DCA, Director Kimberly Kirchmeyer, DCA Waiver DCA-21-195, Order Waiving License Renewal Requirements (Division 3 licenses expiring Oct. 1-31, 2021) (Sept. 28, 2021) (Ex. AGY-ST-TRADE-BOARDS-052) Open the exhibit

End of general restrictions, State of California: Executive Order N-07-21 (June 11, 2021) rescinding EO N-33-20 and EO N-60-20 including all aspects of the Blueprint for a Safer Economy; State Public Health Officer Order of June 11, 2021 superseding the March 19, May 7, July 13 and August 28, 2020 orders (Exs. CA-027, CA-029) (2021-06-15). What remained: State of Emergency (CA-001, to Feb. 28, 2023); SPHO Order of June 11, 2021 (CA-029; posted Sept. 21, 2021, CA-036): face coverings per CDPH guidance (CA-035), mega-event vaccination or testing rules, mandatory K-12 and child-care guidance (CA-034); Cal/OSHA ETS readopted June 17, 2021 (CA-024, CA-067) binding every employer; EO N-08-21 provisions through June 30 and Sept. 30, 2021 (CA-028); SB 95 supplemental paid sick leave through Sept. 30, 2021 (CA-061); AB 832 eviction protections through Sept. 30, 2021 (CA-062); AB 685 exposure notices (CA-065); EO N-84-20 quarantine conformity (CA-022); from July 26-Sept. 28, 2021 the vaccination and testing orders on health-care, dental, clinic, congregate, school, correctional, adult-care and State workers and on hospital visitors (CA-031, CA-030, CA-032, CA-033, CA-038, CA-037, CA-039); county mask and vaccination-proof orders (metro files).

Preemption of local orders, State of California: None at any time. California's statewide orders were floors. SPHO Order of May 7, 2020 para. 1: 'a local health jurisdiction may implement or continue more restrictive public health measures if the jurisdiction's Local Health Officer believes conditions in that jurisdiction warrant it' (CA-015). SPHO Order of Aug. 28, 2020 para. 4: 'A local health jurisdiction may continue to implement or maintain more restrictive public health measures if the jurisdiction's Local Health Officer determines that health conditions in that jurisdiction warrant such measures' (CA-017). Regional Stay at Home Order para. 9 supersedes only conflicting CDPH terms in triggered regions (CA-020). County health officers reimposed indoor mask mandates in July-Aug. 2021 (Los Angeles July 17; Sacramento and Yolo July 30; the Bay Area counties Aug. 3) and vaccination-proof orders (San Francisco Aug. 20; Contra Costa Sept. 22) under that reserved authority; see the LA, SFO, SAC, SAN and RIV metro files.

Third quarter of 2021: the instruments in force, State of California

In force during the third quarter of 2021 (an order in force on any day of the quarter is an order in force during it):

CA-001
CA-029
CA-036
CA-035
CA-034
CA-024
CA-067
CA-031
CA-030
CA-032
CA-033
CA-038
CA-037
CA-028
CA-061
CA-062
CA-065
CA-022
CA-003
CA-006
CA-011
CA-012
county orders in the LA, SFO, SAC, SAN and RIV metro files

5. Standing duties in California

California bound every employer by three standing chains of law that made the pandemic measures compulsory whether or not any single emergency order named the employer. First, the Health and Safety Code gave the State Department of Public Health power to quarantine, isolate, inspect and disinfect persons and places and to take the measures necessary to prevent spread (sections 120140, 120145; DUT-CA-001), commanded every local health officer to take the measures necessary to prevent spread and to enforce the department's quarantine and isolation orders (sections 120175, 120195; DUT-CA-002), empowered local health officers to take any preventive measure during a declared emergency (section 101040; DUT-CA-004), and made disobedience a misdemeanor (sections 120275, 120295; DUT-CA-003). Every State Public Health Officer order in the library recites these sections as its authority (CA-010, CA-015, CA-017, CA-020, CA-029). Second, the Emergency Services Act provides that the Governor's orders and regulations shall have the force and effect of law (Gov. Code section 8567(a); DUT-CA-005), vests the Governor during a state of emergency with all police power vested in the State (section 8627; DUT-CA-006), authorizes local governing bodies to promulgate orders during a local emergency (section 8634; DUT-CA-008), and makes it a misdemeanor to refuse or wilfully neglect to obey any lawful order issued under the Act (section 8665; DUT-CA-007); the Court of Appeal held on May 5, 2021 that the Act authorizes quasi-legislative orders and is not an unconstitutional delegation (DUT-CA-018). Third, the Labor Code commands every employer to furnish a place of employment that is safe and healthful, to do every other thing reasonably necessary to protect the life, safety and health of employees, and to comply with occupational safety and health standards, rules, regulations and orders (sections 6400-6404, 6407; DUT-CA-009), backed by misdemeanor and civil penalties (sections 6423, 6427-6429; DUT-CA-010); Title 8 section 3203 requires every employer to maintain a written Injury and Illness Prevention Program with procedures for identifying, evaluating and correcting workplace hazards (DUT-CA-011); Cal/OSHA stated on July 16, 2020 that existing regulations require employers to implement effective measures against recognized health hazards such as COVID-19 and that employers in businesses that interact with the public must follow the latest public health orders (DUT-CA-012); the COVID-19 Prevention Emergency Temporary Standards (CA-023, CA-024), AB 685 (CA-065), SB 95 (CA-061) and SB 1159 (DUT-CA-016) added specific pandemic duties. California enacted no general COVID-19 liability shield: the one shield bill, AB 1035, would have conditioned immunity on having implemented and abided by all applicable state and local health laws, regulations and protocols, and it died in the Senate Judiciary Committee (DUT-CA-017). The standard of care was therefore the duty itself: under Evidence Code section 669 the violation of a statute, ordinance or regulation is presumed to be a failure to exercise due care (DUT-CA-013), and the courts treated the health orders and Cal/OSHA duties as the measure of an employer's conduct (DUT-CA-019, DUT-CA-020). The reopening orders made continued operation conditional on the industry guidance's 'necessary modifications' (CA-015 paragraphs 2-3; CA-017 paragraphs 1 and 8), and the guidance documents used 'must' for face coverings, protective equipment, signage and Cal/OSHA compliance (DUT-CA-014); the June 11, 2021 order kept paragraphs 1-3 mandatory and made the remaining guidance a recommendation from June 15, 2021 (CA-029 paragraph 4).

The State's standing duties

Ex. DUT-CA-001

Statute: Health and Safety Code, Division 105, Part 1, Chapter 2 (sections 120125-120155), powers of the State Department of Public Health over communicable disease

Health and Safety Code sections 120125-120155: examination into causes of communicable disease; reportable-disease list; isolation and quarantine regulations; places of quarantine; measures to ascertain and prevent spread; quarantine, isolation, inspection and disinfection of persons and places; destruction of infected property

California Legislature (codified text published by the Legislative Counsel, leginfo.legislature.ca.gov), California (State)

Dates: Standing (1996-01-01)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Business closureQuarantine and isolationStanding dutyOther
Character: statutory authority
Grade: Primary source read

120145. The department may quarantine, isolate, inspect, and disinfect persons, animals, houses, rooms, other property, places, cities, or localities, whenever in its judgment the action is necessary to protect or preserve the public health.... 120140.... the department may take measures as are necessary to ascertain the nature of the disease and prevent its spread.

Enforcement: Violation of section 120130 is a misdemeanor punishable by a fine of $50 to $1,000 or imprisonment up to 90 days or both, a separate offense for each day (section 120295; DUT-CA-003); refusal to conform to a department rule, order or regulation respecting quarantine or disinfection is a misdemeanor (section 120275; DUT-CA-003).

Citation: California Legislature (codified text published by the Legislative Counsel, leginfo.legislature.ca.gov), Statute: Health and Safety Code, Division 105, Part 1, Chapter 2 (sections 120125-120155), powers of the State Department of Public Health over communicable disease (standing) (Ex. DUT-CA-001) Open the exhibit

Ex. DUT-CA-002

Statute: Health and Safety Code, Division 105, Part 1, Chapter 3 (sections 120175-120250), duties of local health officers in communicable disease control

Health and Safety Code sections 120175-120250: duty of each health officer to take measures necessary to prevent the spread of disease; duty to enforce the department's quarantine and isolation orders; places of quarantine; related duties

California Legislature (codified text published by the Legislative Counsel), California (State)

Dates: Standing (1996-01-01)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Business closureGathering capQuarantine and isolationStanding duty
Character: statutory duty
Grade: Primary source read

120175. Each health officer knowing or having reason to believe that any case of the diseases made reportable by regulation of the department, or any other contagious, infectious or communicable disease exists, or has recently existed, within the territory under his or her jurisdiction, shall take measures as may be necessary to prevent the spread of the disease or occurrence of additional cases.

Enforcement: Violation of any section of this chapter other than section 120195 is a misdemeanor punishable by a fine of $50 to $1,000 or imprisonment up to 90 days or both, each day a separate offense (section 120295; DUT-CA-003).

Citation: California Legislature (codified text published by the Legislative Counsel), Statute: Health and Safety Code, Division 105, Part 1, Chapter 3 (sections 120175-120250), duties of local health officers in communicable disease control (standing) (Ex. DUT-CA-002) Open the exhibit

Ex. DUT-CA-003

Statute: Health and Safety Code, Division 105, Part 1, Chapter 4 (sections 120275-120305), penalties for violating communicable-disease control orders and regulations

Health and Safety Code sections 120275-120305: misdemeanor for violating or refusing to conform to a department rule, order or regulation respecting quarantine or disinfection; confinement until compliance for violating a local health officer's order; misdemeanor for violating section 120130 or Chapter 3, with fine and imprisonment and a separate offense for each day

California Legislature (codified text published by the Legislative Counsel), California (State)

Dates: Standing (1996-01-01)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Standing duty
Character: order penalty
Grade: Primary source read

120275. Any person who, after notice, violates, or who, upon the demand of any health officer, refuses or neglects to conform to, any rule, order, or regulation prescribed by the department respecting a quarantine or disinfection of persons, animals, things, or places, is guilty of a misdemeanor.

Enforcement: Section 120275: misdemeanor. Section 120295: 'a misdemeanor, punishable by a fine of not less than fifty dollars ($50) nor more than one thousand dollars ($1,000), or by imprisonment for a term of not more than 90 days, or by both. He or she is guilty of a separate offense for each day that the violation continued.' Section 120280: for violation of a local health officer's order served under…

Citation: California Legislature (codified text published by the Legislative Counsel), Statute: Health and Safety Code, Division 105, Part 1, Chapter 4 (sections 120275-120305), penalties for violating communicable-disease control orders and regulations (standing) (Ex. DUT-CA-003) Open the exhibit

Ex. DUT-CA-004

Statute: Health and Safety Code section 101040, preventive measures by the local health officer during a state of emergency or local emergency

Health and Safety Code section 101040: the local health officer may take any preventive measure necessary to protect and preserve the public health from any public health hazard during a state of war emergency, state of emergency or local emergency

California Legislature (codified text published by the Legislative Counsel), California (State)

Dates: Standing (2008-01-01)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Business closureStanding dutyOther
Character: statutory authority
Grade: Primary source read

(a) The local health officer may take any preventive measure that may be necessary to protect and preserve the public health from any public health hazard during any "state of war emergency," "state of emergency," or "local emergency,"... (b) "Preventive measure" means abatement, correction, removal or any other protective step that may be taken against any public health hazard

Enforcement: None stated in the section. Local orders issued under it were enforced through Gov. Code section 8665 (DUT-CA-007) where issued under a local emergency, Health and Safety Code section 120275 (DUT-CA-003) where they concerned quarantine or disinfection, and county and city ordinances.

Citation: California Legislature (codified text published by the Legislative Counsel), Statute: Health and Safety Code section 101040, preventive measures by the local health officer during a state of emergency or local emergency (standing) (Ex. DUT-CA-004) Open the exhibit

Ex. DUT-CA-005

Statute: Government Code sections 8565-8574.7 (Emergency Services Act, Article 3, Powers of the Governor)

Government Code sections 8565-8574.7: the Governor's orders and regulations under the Act 'shall have the force and effect of law' (section 8567); suspension of regulatory statutes during an emergency (section 8571); related powers

California Legislature (codified text published by the Legislative Counsel), California (State)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declarationStanding duty
Character: statutory authority
Grade: Primary source read

8567. (a) The Governor may make, amend, and rescind orders and regulations necessary to carry out the provisions of this chapter. The orders and regulations shall have the force and effect of law.... (b) Orders and regulations... issued during a state of war emergency or state of emergency shall be in writing and shall take effect immediately upon their issuance.

Enforcement: Gov. Code section 8665 (DUT-CA-007): misdemeanor, fine up to $1,000 and/or imprisonment up to six months, for refusing or wilfully neglecting to obey any lawful order or regulation issued under the chapter.

Citation: California Legislature (codified text published by the Legislative Counsel), Statute: Government Code sections 8565-8574.7 (Emergency Services Act, Article 3, Powers of the Governor) (standing) (Ex. DUT-CA-005) Open the exhibit

Ex. DUT-CA-006

Statute: Government Code sections 8625-8629 (Emergency Services Act, Article 13, State of Emergency)

Government Code sections 8625-8629: proclamation of a state of emergency; the Governor's complete authority over State agencies and the right to exercise all police power vested in the State; the duty to promulgate, issue and enforce orders and regulations

California Legislature (codified text published by the Legislative Counsel), California (State)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declarationStanding duty
Character: statutory authority
Grade: Primary source read

8627. During a state of emergency the Governor shall, to the extent he deems necessary, have complete authority over all agencies of the state government and the right to exercise within the area designated all police power vested in the state... In exercise thereof, he shall promulgate, issue, and enforce such orders and regulations as he deems necessary

Enforcement: Gov. Code section 8665 (DUT-CA-007).

Citation: California Legislature (codified text published by the Legislative Counsel), Statute: Government Code sections 8625-8629 (Emergency Services Act, Article 13, State of Emergency) (standing) (Ex. DUT-CA-006) Open the exhibit

Ex. DUT-CA-007

Statute: Government Code section 8665 (Emergency Services Act penalty)

Government Code section 8665: misdemeanor for violating the Act or refusing or wilfully neglecting to obey any lawful order or regulation promulgated or issued under it

California Legislature (codified text published by the Legislative Counsel), California (State)

Dates: Standing (1984-01-01)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Standing duty
Character: order penalty
Grade: Primary source read

Any person who violates any of the provisions of this chapter or who refuses or willfully neglects to obey any lawful order or regulation promulgated or issued as provided in this chapter, shall be guilty of a misdemeanor... punishable by a fine of not to exceed one thousand dollars ($1,000) or by imprisonment for not to exceed six months or by both such fine and imprisonment.

Enforcement: Misdemeanor; fine up to $1,000, imprisonment up to six months, or both.

Citation: California Legislature (codified text published by the Legislative Counsel), Statute: Government Code section 8665 (Emergency Services Act penalty) (standing) (Ex. DUT-CA-007) Open the exhibit

Ex. DUT-CA-008

Statute: Government Code sections 8630-8634 (Emergency Services Act, Article 14, Local Emergency)

Government Code sections 8630-8634: proclamation of a local emergency; power of the governing body of a political subdivision, or officials it designates, to promulgate orders and regulations necessary to provide for the protection of life and property

California Legislature (codified text published by the Legislative Counsel), California (State)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declarationCurfew and hoursStanding duty
Character: statutory authority
Grade: Primary source read

8634. During a local emergency the governing body of a political subdivision, or officials designated thereby, may promulgate orders and regulations necessary to provide for the protection of life and property... Such orders and regulations and amendments and rescissions thereof shall be in writing and shall be given widespread publicity and notice.

Enforcement: Gov. Code section 8665 (DUT-CA-007).

Citation: California Legislature (codified text published by the Legislative Counsel), Statute: Government Code sections 8630-8634 (Emergency Services Act, Article 14, Local Emergency) (standing) (Ex. DUT-CA-008) Open the exhibit

Ex. DUT-CA-009

Statute: Labor Code, Division 5, Part 1, Chapter 3 (sections 6400-6413.5), Responsibilities and Duties of Employers and Employees

Labor Code sections 6400-6413.5: every employer shall furnish a safe and healthful place of employment (6400); shall furnish safeguards and adopt safe practices and do every other thing reasonably necessary to protect the life, safety and health of employees (6401); shall establish, implement and maintain an effective written injury prevention program (6401.7); shall not require or permit employees to be in an unsafe place of employment (6402); shall not fail to adopt safe methods (6403); shall not maintain an unsafe place of employment (6404); shall comply with occupational safety and health standards, rules, regulations and orders (6407); COVID-19 exposure notice (6409.6)

California Legislature (codified text published by the Legislative Counsel), California (State)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesStanding duty
Character: workplace duty
Grade: Primary source read

6400(a): Every employer shall furnish employment and a place of employment that is safe and healthful for the employees therein. 6401:... Every employer shall do every other thing reasonably necessary to protect the life, safety, and health of employees. 6402: No employer shall require, or permit any employee to go or be in any employment or place of employment which is not safe and healthful.

Enforcement: Labor Code section 6423 (misdemeanor: knowing or negligent violation of a standard or order deemed serious; up to six months and $5,000), sections 6427-6429 (civil penalties per violation, indexed), section 6325 (prohibition of use of a place of employment on imminent hazard) (DUT-CA-010; CA-065).

Citation: California Legislature (codified text published by the Legislative Counsel), Statute: Labor Code, Division 5, Part 1, Chapter 3 (sections 6400-6413.5), Responsibilities and Duties of Employers and Employees (standing) (Ex. DUT-CA-009) Open the exhibit

Ex. DUT-CA-010

Statute: Labor Code, Division 5, Part 1, Chapter 4 (sections 6423-6436), Violations and Penalties

Labor Code sections 6423-6436: misdemeanor for knowing or negligent violation of a standard or order deemed serious, for repeated violations creating a real and apparent hazard, and for failure to abate; civil penalties for non-serious, serious, willful and repeated violations

California Legislature (codified text published by the Legislative Counsel), California (State)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesStanding duty
Character: order penalty
Grade: Primary source read

every employer and every officer, management official, or supervisor having direction, management, control, or custody of any employment, place of employment, or of any other employee, who does any of the following is guilty of a misdemeanor: (1) Knowingly or negligently violates any standard, order, or special order, or any provision of this division... deemed to be a serious violation

Enforcement: Section 6423(b): imprisonment up to six months or a fine up to $5,000 or both for a paragraph (1) violation; (c) up to one year and $15,000 for failure to report a death. Section 6427: civil penalty up to $12,471 per non-serious violation (indexed annually from Jan. 1, 2018); section 6428: up to $25,000 per serious violation, with no good-faith or history adjustment for an employer without an…

Citation: California Legislature (codified text published by the Legislative Counsel), Statute: Labor Code, Division 5, Part 1, Chapter 4 (sections 6423-6436), Violations and Penalties (standing) (Ex. DUT-CA-010) Open the exhibit

Ex. DUT-CA-011

Regulation: California Code of Regulations, Title 8, section 3203, Injury and Illness Prevention Program

8 C.C.R. section 3203: every employer shall establish, implement and maintain an effective written Injury and Illness Prevention Program with procedures for identifying, evaluating and correcting workplace hazards and for training employees

Occupational Safety and Health Standards Board, Department of Industrial Relations (regulation published by DIR), California (State)

Dates: Standing (1991-07-01)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesStanding duty
Character: workplace duty
Grade: Primary source read

every employer shall establish, implement and maintain an effective Injury and Illness Prevention Program... The Program shall be in writing and, shall, at a minimum:... (4) Include procedures for identifying and evaluating work place hazards... (6) Include methods and/or procedures for correcting unsafe or unhealthy conditions, work practices and work procedures in a timely manner

Enforcement: Cal/OSHA citations and civil penalties, Labor Code sections 6427-6429; criminal liability under section 6423 (DUT-CA-010).

Citation: Occupational Safety and Health Standards Board, Department of Industrial Relations (regulation published by DIR), Regulation: California Code of Regulations, Title 8, section 3203, Injury and Illness Prevention Program (standing) (Ex. DUT-CA-011) Open the exhibit

Ex. DUT-CA-012

Agency news release No. 2020-63, 'Cal/OSHA Urges Employers to Follow the State's Guidance on Protecting Workers from COVID-19'

Cal/OSHA Release 2020-63 (July 16, 2020): existing regulations require employers to protect employees from recognized health hazards such as COVID-19; employers must modify work for six-foot distancing, provide disinfection time and supplies, provide face coverings, screen workers for symptoms and keep ill workers home; employers that interact with the public must follow the latest public health orders

Department of Industrial Relations, Division of Occupational Safety and Health (Cal/OSHA), California (State)

Dates: Standing
Quarters: 2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Face-covering requirementWorkplace rulesStanding duty
Character: agency position statement
Grade: Primary source read

Existing regulations require employers to implement effective measures to protect employees from worksite hazards, including recognized health hazards such as COVID-19. Employers must take steps to: Modify work or the worksite to allow people to be at least six feet apart... Employers in businesses that interact with the public must follow the latest public health orders

Enforcement: Cal/OSHA citations and civil penalties (Labor Code sections 6427-6429) and misdemeanor liability (section 6423) for violation of the underlying regulations (DUT-CA-010).

Citation: Department of Industrial Relations, Division of Occupational Safety and Health (Cal/OSHA), Agency news release No. 2020-63, 'Cal/OSHA Urges Employers to Follow the State's Guidance on Protecting Workers from COVID-19' (standing) (Ex. DUT-CA-012) Open the exhibit

Ex. DUT-CA-013

Statute: Evidence Code section 669, presumption of failure to exercise due care from violation of a statute, ordinance or regulation

Evidence Code section 669: the failure of a person to exercise due care is presumed if the person violated a statute, ordinance or regulation of a public entity, the violation proximately caused death or injury, the harm was of the kind the enactment was designed to prevent, and the injured person was within the protected class

California Legislature (codified text published by the Legislative Counsel), California (State)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Standing dutyOther
Character: statutory duty
Grade: Primary source read

(a) The failure of a person to exercise due care is presumed if: (1) He violated a statute, ordinance, or regulation of a public entity; (2) The violation proximately caused death or injury to person or property; (3) The death or injury resulted from an occurrence of the nature which the statute, ordinance, or regulation was designed to prevent; and (4)...

Enforcement: Civil: presumption of negligence in any action for death or injury (tort exposure to customers, visitors and, as litigated in DUT-CA-019 and DUT-CA-020, employees' household members).

Citation: California Legislature (codified text published by the Legislative Counsel), Statute: Evidence Code section 669, presumption of failure to exercise due care from violation of a statute, ordinance or regulation (standing) (Ex. DUT-CA-013) Open the exhibit

Ex. DUT-CA-014

COVID-19 Industry Guidance: Retail (July 29, 2020 version), covid19.ca.gov

COVID-19 Industry Guidance: Retail (July 29, 2020): the statewide operating conditions for retail establishments, with mandatory face coverings for workers and the public, employer-provided face coverings and protective equipment, signage, worksite-specific plans, screening, distancing and cleaning protocols, and compliance with all Cal/OSHA standards

California Department of Public Health and Division of Occupational Safety and Health (Cal/OSHA), under the State Public Health Officer orders of May 7, 2020 (CA-015 paragraph 2, 'necessary modifications') and Aug. 28, 2020 (CA-017 paragraphs 1 and 8), California (State)

Dates: Standing (2020-07-29 (this version; the first Retail guidance issued May 7, 2020 with the Stage 2 order))
Quarters: 2020 Q32020 Q42021 Q12021 Q2
Limitations: Capacity limitFace-covering requirementWorkplace rulesStanding dutyOperating condition
Character: order operating condition
Grade: Primary source read

People in California must wear face coverings when they are engaged in work, whether at the workplace or performing work off-site, when: Interacting in-person with any member of the public... Employers must provide face coverings to workers or reimburse workers for the reasonable cost of obtaining them.... Employers must provide and ensure workers use all required protective equipment

Enforcement: Through the incorporating orders: Health and Safety Code section 120275 et seq. (DUT-CA-003) and Gov. Code section 8665 (DUT-CA-007); through the underlying regulations: Cal/OSHA citations and penalties (DUT-CA-010).

Citation: California Department of Public Health and Division of Occupational Safety and Health (Cal/OSHA), under the State Public Health Officer orders of May 7, 2020 (CA-015 paragraph 2, 'necessary modifications') and Aug. 28, 2020 (CA-017 paragraphs 1 and 8), COVID-19 Industry Guidance: Retail (July 29, 2020 version), covid19.ca.gov (Ex. DUT-CA-014) Open the exhibit

Ex. DUT-CA-015

Statute: Health and Safety Code section 114409 (California Retail Food Code), permit suspension and closure on an imminent health hazard

Health and Safety Code section 114409: if any imminent health hazard is found and is not immediately corrected, the enforcement officer may temporarily suspend the permit and order the food facility immediately closed

California Legislature (codified text published by the Legislative Counsel), California (State)

Dates: Standing (2013-01-01)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Business closureStanding dutyOperating condition
Character: sanitary code duty
Grade: Primary source read

(a) If any imminent health hazard is found, unless the hazard is immediately corrected, an enforcement officer may temporarily suspend the permit and order the food facility or cottage food operation immediately closed. (b) Whenever a permit is suspended as the result of an imminent health hazard, the enforcement officer shall issue to the permitholder a notice

Enforcement: Permit suspension and immediate closure, with notice and hearing rights (subdivisions (a)-(b)).

Citation: California Legislature (codified text published by the Legislative Counsel), Statute: Health and Safety Code section 114409 (California Retail Food Code), permit suspension and closure on an imminent health hazard (standing) (Ex. DUT-CA-015) Open the exhibit

Ex. DUT-CA-016

Senate Bill 1159 (Hill), Stats. 2020, ch. 85, adding Labor Code sections 77.8, 3212.86, 3212.87 and 3212.88

SB 1159: Workers' compensation: COVID-19: critical workers. Rebuttable presumption that an employee's COVID-19 illness or death arose out of and in the course of employment (section 3212.86, for work performed March 19 to July 5, 2020; section 3212.87, health care and safety workers; section 3212.88, employees of employers with five or more employees who test positive during an outbreak at the place of employment), in effect until Jan. 1, 2023

California Legislature; approved by Governor Gavin Newsom Sept. 17, 2020, California (State)

Dates: Standing (2020-09-17 (urgency statute; section 3212.86 covers work performed on or after March 19, 2020))
Quarters: 2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesQuarantine and isolationStanding duty
Character: workplace duty
Grade: Primary source read

3212.88. (a) This section applies to employees who are not described in Section 3212.87, who test positive during an outbreak at the employee's specific place of employment, and whose employer has five or more employees.... (e) (1) An injury described in subdivision (b) is presumed to arise out of and in the course of the employment, except as provided in this subdivision.

Enforcement: Workers' compensation liability without fault; the presumption binds the appeals board unless controverted (section 3212.88(e)(1)).

Citation: California Legislature; approved by Governor Gavin Newsom Sept. 17, 2020, Senate Bill 1159 (Hill), Stats. 2020, ch. 85, adding Labor Code sections 77.8, 3212.86, 3212.87 and 3212.88 (Sept. 17, 2020) (Ex. DUT-CA-016) Open the exhibit

Ex. DUT-CA-017

Assembly Bill 1035 (2019-2020): 'COVID-19 emergency: small businesses: immunity from civil liability' (bill status: 'Inactive Bill - Died')

AB 1035: an act to add and repeal Section 1714.28 of the Civil Code, relating to civil liability, and declaring the urgency thereof. Amended in Senate June 25, 2020 and referred to the Senate Judiciary Committee; 'From Senate committee without further action' Nov. 30, 2020; Died

California Legislature (Assembly Bill 1035, Ramos and Mayes, 2019-2020 Regular Session); bill status published by the Legislative Counsel, California (State)

Dates: Standing (never)
Limitations: Other
Character: not enacted
Grade: Primary source read

AB-1035 COVID-19 emergency: small businesses: immunity from civil liability. (2019-2020)... An act to add and repeal Section 1714.28 of the Civil Code, relating to civil liability, and declaring the urgency thereof, to take effect immediately.... Committee Location: Sen Judiciary... Inactive Bill - Died... 11/30/20 From Senate committee without further action.

Enforcement: n/a

Citation: California Legislature (Assembly Bill 1035, Ramos and Mayes, 2019-2020 Regular Session); bill status published by the Legislative Counsel, Assembly Bill 1035 (2019-2020): 'COVID-19 emergency: small businesses: immunity from civil liability' (bill status: 'Inactive Bill - Died') (Nov. 30, 2020) (Ex. DUT-CA-017) Open the exhibit

Ex. DUT-CA-018

Published opinion: Newsom v. Superior Court (Gallagher), No. C093006 (Cal. Ct. App. May 5, 2021), 63 Cal.App.5th 1099

Newsom v. Superior Court of Sutter County (Gallagher, real parties in interest): the Emergency Services Act authorizes the Governor to issue quasi-legislative orders during a state of emergency; such orders have 'the force and effect of law'; section 8627 is not an unconstitutional delegation of legislative power

California Court of Appeal, Third Appellate District (Robie, J., with Hull and Mauro, JJ.), California (Court)

Dates: Standing (2021-05-05)
Quarters: 2021 Q22021 Q3
Limitations: Emergency declarationStanding duty
Character: adjudication
Grade: Primary source read

The superior court erred in interpreting the Emergency Services Act to prohibit the Governor from issuing quasi-legislative orders in an emergency. We conclude the issuance of such orders did not constitute an unconstitutional delegation of legislative power.... section 8567, subdivision (a), provides that... such "orders and regulations shall have the force and effect of law."

Enforcement: n/a (the penalty for disobeying the orders the decision construes is Gov. Code section 8665, DUT-CA-007)

Citation: California Court of Appeal, Third Appellate District (Robie, J., with Hull and Mauro, JJ.), Published opinion: Newsom v. Superior Court (Gallagher), No. C093006 (Cal. Ct. App. May 5, 2021), 63 Cal.App.5th 1099 (standing) (Ex. DUT-CA-018) Open the exhibit

Ex. DUT-CA-019

Published opinion: See's Candies, Inc. v. Superior Court (Ek), No. B312241 (Cal. Ct. App. Dec. 21, 2021), 73 Cal.App.5th 66

See's Candies, Inc. v. Superior Court: a wrongful-death action alleging that an employee contracted COVID-19 at work 'because of defendants' failure to implement adequate safety measures' and infected her husband is not barred by workers' compensation exclusivity; the derivative-injury doctrine does not reach the household member's claim

California Court of Appeal, Second Appellate District, California (Court)

Dates: Standing (2021-12-21)
Limitations: Workplace rulesStanding duty
Character: adjudication
Grade: Primary source read

Plaintiffs allege that Mrs. Ek, defendants' employee, contracted COVID-19 at work because of defendants' failure to implement adequate safety measures. They claim that Mr. Ek subsequently caught the disease from Mrs. Ek while she convalesced at home. He died from the disease a month later.

Enforcement: Civil liability in tort (wrongful death, negligence) outside workers' compensation exclusivity.

Citation: California Court of Appeal, Second Appellate District, Published opinion: See's Candies, Inc. v. Superior Court (Ek), No. B312241 (Cal. Ct. App. Dec. 21, 2021), 73 Cal.App.5th 66 (Ex. DUT-CA-019) Open the exhibit

Ex. DUT-CA-020

Opinion: Kuciemba v. Victory Woodworks, Inc., No. S274191 (Cal. July 6, 2023), 14 Cal.5th 993

Kuciemba v. Victory Woodworks: employers 'allowed to continue operations during this time were subject to strict regulations designed to limit transmission of the virus'; the county health order 'mandated specific health and safety precautions'; the employer remains under 'the default duty to use due care in its operations'; no tort duty runs to employees' household members

Supreme Court of California (Corrigan, J., for a unanimous court), California (Court)

Dates: Standing (2023-07-06)
Limitations: Workplace rulesStanding duty
Character: adjudication
Grade: Primary source read

employers allowed to continue operations during this time were subject to strict regulations designed to limit transmission of the virus. As relevant here, the City and County of San Francisco's April 29, 2020 health order mandated specific health and safety precautions to prevent the spread of COVID-19 at construction jobsites.... does not exempt Victory from the default duty to use due care

Enforcement: Civil liability to employees under Civil Code section 1714 and workers' compensation; the court held no tort duty to nonemployee household members.

Citation: Supreme Court of California (Corrigan, J., for a unanimous court), Opinion: Kuciemba v. Victory Woodworks, Inc., No. S274191 (Cal. July 6, 2023), 14 Cal.5th 993 (Ex. DUT-CA-020) Open the exhibit

Federal standing duties

Ex. DUT-FED-001

29 U.S.C. 654 (OSH Act § 5, the general duty clause)

Duties of employers and employees

Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesStanding duty
Character: statutory duty
Grade: Primary source read

(a) Each employer-- (1) shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees; (2) shall comply with occupational safety and health standards promulgated under this chapter. (b) Each employee shall comply with occupational safety and health standards and all rules, regulations, and orders issued pursuant to this chapter which are applicable to his own actions and conduct.

Enforcement: 29 U.S.C. 666: civil penalties for serious, other-than-serious, willful and repeated violations (2020-2021 maxima $13,494 per serious violation and $134,937 per willful or repeated violation, 29 C.F.R. 1903.15(d)); willful violations causing death are criminal (29 U.S.C. 666(e)).

Citation: Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001) Open the exhibit

Ex. DUT-FED-002

29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation)

Judicial review; discharge or discrimination against employee for exercise of rights

Congress (OSH Act § 11(c)), United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesStanding duty
Character: statutory duty
Grade: Primary source read

No person shall discharge or in any manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter or has testified or is about to testify in any such proceeding or because of the exercise by such employee on behalf of himself or others of any right afforded by this chapter.

Enforcement: 29 U.S.C. 660(c)(2): Secretary's suit in district court for reinstatement with back pay and 'all appropriate relief'

Citation: Congress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002) Open the exhibit

Ex. DUT-FED-003

29 C.F.R. 1910.132 (personal protective equipment, general requirements)

General requirements (Subpart I, Personal Protective Equipment)

Occupational Safety and Health Administration (standard promulgated under 29 U.S.C. 655), United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesStanding duty
Character: regulatory duty
Grade: Primary source read

(a) Application. Protective equipment, including personal protective equipment for eyes, face, head, and extremities, protective clothing, respiratory devices, and protective shields and barriers, shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards of processes or environment... (d)(1) The employer shall assess the workplace to determine if hazards are present, or are likely to be present, which necessitate the use of personal protective equipment (PPE).

Enforcement: 29 U.S.C. 666 (civil penalties per violation)

Citation: Occupational Safety and Health Administration (standard promulgated under 29 U.S.C. 655), 29 C.F.R. 1910.132 (personal protective equipment, general requirements) (standing) (Ex. DUT-FED-003) Open the exhibit

Ex. DUT-FED-004

29 C.F.R. 1910.134 (respiratory protection)

Respiratory protection

Occupational Safety and Health Administration, United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersWorkplace rulesStanding duty
Character: regulatory duty
Grade: Primary source read

(a)(2) A respirator shall be provided to each employee when such equipment is necessary to protect the health of such employee. The employer shall provide the respirators which are applicable and suitable for the purpose intended. The employer shall be responsible for the establishment and maintenance of a respiratory protection program... (c)(1)... the employer to develop and implement a written respiratory protection program with required worksite-specific procedures and elements for required respirator use.

Enforcement: 29 U.S.C. 666

Citation: Occupational Safety and Health Administration, 29 C.F.R. 1910.134 (respiratory protection) (standing) (Ex. DUT-FED-004) Open the exhibit

Ex. DUT-FED-005

29 C.F.R. 1910.141 (sanitation)

Sanitation (Subpart J)

Occupational Safety and Health Administration, United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesStanding duty
Character: regulatory duty
Grade: Primary source read

(a)(3)(i) All places of employment shall be kept clean to the extent that the nature of the work allows.... (d)(1) Washing facilities shall be maintained in a sanitary condition.

Enforcement: 29 U.S.C. 666

Citation: Occupational Safety and Health Administration, 29 C.F.R. 1910.141 (sanitation) (standing) (Ex. DUT-FED-005) Open the exhibit

Ex. DUT-FED-006

29 C.F.R. part 1904 (recording and reporting occupational injuries and illnesses), §§ 1904.4, 1904.5, 1904.7, 1904.39

Recording and Reporting Occupational Injuries and Illnesses

Occupational Safety and Health Administration, United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesStanding duty
Character: regulatory duty
Grade: Primary source read

§ 1904.39(a)(1): Within eight (8) hours after the death of any employee as a result of a work-related incident, you must report the fatality to the Occupational Safety and Health Administration (OSHA)... (a)(2): Within twenty-four (24) hours after the in-patient hospitalization of one or more employees... as a result of a work-related incident, you must report the in-patient hospitalization... to OSHA.

Enforcement: 29 U.S.C. 666

Citation: Occupational Safety and Health Administration, 29 C.F.R. part 1904 (recording and reporting occupational injuries and illnesses), §§ 1904.4, 1904.5, 1904.7, 1904.39 (standing) (Ex. DUT-FED-006) Open the exhibit

Ex. DUT-FED-007

29 C.F.R. 1910.1030 (bloodborne pathogens)

Bloodborne pathogens

Occupational Safety and Health Administration, United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersWorkplace rulesStanding duty
Character: regulatory duty
Grade: Primary source read

(c)(1)(i) Each employer having an employee(s) with occupational exposure as defined by paragraph (b) of this section shall establish a written Exposure Control Plan designed to eliminate or minimize employee exposure.... (d)(1) Universal precautions shall be observed to prevent contact with blood or other potentially infectious materials.

Enforcement: 29 U.S.C. 666

Citation: Occupational Safety and Health Administration, 29 C.F.R. 1910.1030 (bloodborne pathogens) (standing) (Ex. DUT-FED-007) Open the exhibit

Ex. DUT-FED-008

29 C.F.R. part 1977 (discrimination against employees exercising rights under the OSH Act), § 1977.12(b)(2)

Discrimination Against Employees Exercising Rights Under the Williams-Steiger Occupational Safety and Health Act of 1970

Occupational Safety and Health Administration (interpretive regulations under OSH Act § 11(c)), United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesStanding duty
Character: regulatory duty
Grade: Primary source read

§ 1977.12(b)(2):... If the employee, with no reasonable alternative, refuses in good faith to expose himself to the dangerous condition, he would be protected against subsequent discrimination. The condition causing the employee's apprehension of death or injury must be of such a nature that a reasonable person, under the circumstances then confronting the employee, would conclude that there is a real danger of death or serious injury and that there is insufficient time, due to the urgency of the situation, to eliminate the danger through resort to regular statutory enforcement channels.

Enforcement: 29 U.S.C. 660(c)(2)

Citation: Occupational Safety and Health Administration (interpretive regulations under OSH Act § 11(c)), 29 C.F.R. part 1977 (discrimination against employees exercising rights under the OSH Act), § 1977.12(b)(2) (standing) (Ex. DUT-FED-008) Open the exhibit

Ex. DUT-FED-009

OSHA COVID-19 'Standards' page (statement of the general duty clause and the standing standards applicable to SARS-CoV-2)

COVID-19 - Standards (OSHA Safety and Health Topics)

Occupational Safety and Health Administration (agency web publication, COVID-19 Safety and Health Topics, 'Standards'), United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesStanding duty
Character: agency position statement
Grade: Primary source read

The General Duty Clause, Section 5(a)(1) of the Occupational Safety and Health (OSH) Act of 1970, 29 USC 654(a)(1), which requires employers to furnish to each worker 'employment and a place of employment, which are free from recognized hazards that are causing or are likely to cause death or serious physical harm.'... OSHA's Bloodborne Pathogens standard (29 CFR 1910.1030) applies to occupational exposure to human blood... Recordkeeping and Reporting Occupational Injuries and Illness (29 CFR 1904)... 1910.132, General requirements... 1910.134.

Enforcement: as the underlying provisions provide

Citation: Occupational Safety and Health Administration (agency web publication, COVID-19 Safety and Health Topics, 'Standards'), OSHA COVID-19 'Standards' page (statement of the general duty clause and the standing standards applicable to SARS-CoV-2) (standing) (Ex. DUT-FED-009) Open the exhibit

Ex. DUT-FED-010

Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (posted Jan. 29, 2021)

Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace

Occupational Safety and Health Administration (issued under Executive Order 13999 § 2(a)), United States (Federal)

Dates: Standing (2021-01-29)
Quarters: 2021 Q12021 Q2
Limitations: Face-covering requirementWorkplace rulesQuarantine and isolation
Character: agency guidance recommendation
Grade: Primary source read

This guidance is not a standard or regulation, and it creates no new legal obligations. It contains recommendations as well as descriptions of existing mandatory safety and health standards.... Employers should implement COVID-19 Prevention Programs in the workplace.... In addition, the Act's General Duty Clause, Section 5(a)(1), requires employers to provide their workers with a workplace free from recognized hazards that are causing or likely to cause death or serious physical harm.... employers still are required under the General Duty Clause, Section 5(a)(1) of the OSH Act, to...

Enforcement: none in the guidance; the general duty clause and standards it describes carry 29 U.S.C. 666 penalties

Citation: Occupational Safety and Health Administration (issued under Executive Order 13999 § 2(a)), Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (posted Jan. 29, 2021) (Ex. DUT-FED-010) Open the exhibit

Ex. DUT-FED-011

Protecting Workers guidance, as updated August 13, 2021

Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (posted January 29, 2021; updated June 10 and August 13, 2021)

Occupational Safety and Health Administration, United States (Federal)

Dates: Standing (2021-08-13)
Quarters: 2021 Q3
Limitations: Face-covering requirementWorkplace rulesVaccination or testing
Character: agency guidance recommendation
Grade: Primary source read

Guidance posted January 29, 2021; Updated June 10, [2021]; Summary of changes August 13, 2021... [recommendations for workers who are unvaccinated or otherwise at-risk, and] new guidance involving workers who are fully vaccinated but [in areas of substantial or high transmission].

Enforcement: as the general duty clause provides

Citation: Occupational Safety and Health Administration, Protecting Workers guidance, as updated August 13, 2021 (Aug. 13, 2021) (Ex. DUT-FED-011) Open the exhibit

Ex. DUT-FED-013

Guidance on Returning to Work (OSHA 4045, June 2020)

Guidance on Returning to Work

Occupational Safety and Health Administration, United States (Federal)

Dates: Standing (2020-06)
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Capacity limitFace-covering requirementWorkplace rules
Character: agency guidance recommendation
Grade: Primary source read

This guidance is not a standard or regulation, and it creates no new legal obligations. It contains recommendations as well as descriptions of mandatory safety and health standards.... In addition, the Act's General Duty Clause, Section 5(a)(1), requires employers to provide their employees with a workplace free from recognized hazards likely to cause death or serious physical harm.

Enforcement: as the general duty clause and standards provide

Citation: Occupational Safety and Health Administration, Guidance on Returning to Work (OSHA 4045, June 2020) (June 17, 2020) (Ex. DUT-FED-013) Open the exhibit

Ex. DUT-FED-015

Citation and Notification of Penalty, Smithfield Packaged Meats Corp., Sioux Falls, SD (general duty clause, one serious violation)

OSHA Inspection Detail 1472736, Smithfield Packaged Meats Corp.

OSHA, Sioux Falls Area Office (enforcement record: inspection detail, Inspection No. 1472736), United States (South Dakota) (Federal)

Dates: Standing (2020-09-09)
Quarters: 2020 Q3
Limitations: Workplace rules
Character: enforcement record
Grade: Primary source read

NAICS: 311611/Animal (except Poultry) Slaughtering... Inspection Type: Complaint... Initial Violations 1 [Serious]... Initial Penalty $13,494.

Enforcement: $13,494 proposed

Citation: OSHA, Sioux Falls Area Office (enforcement record: inspection detail, Inspection No. 1472736), Citation and Notification of Penalty, Smithfield Packaged Meats Corp., Sioux Falls, SD (general duty clause, one serious violation) (Sept. 9, 2020) (Ex. DUT-FED-015) Open the exhibit

Ex. DUT-FED-016

Citation and Notification of Penalty, JBS Foods Inc. (Swift Beef Co.), Greeley, CO (general duty clause, serious; plus other-than-serious)

OSHA Inspection Detail 1475131, JBS Foods Inc.

OSHA, Denver Area Office (Inspection No. 1475131), United States (Colorado) (Federal)

Dates: Standing (2020-09-11)
Quarters: 2020 Q3
Limitations: Workplace rules
Character: enforcement record
Grade: Primary source read

NAICS: 311612/Meat Processed from Carcasses... Initial Penalty $13,494... $2,121... $15,615.

Enforcement: $15,615 proposed

Citation: OSHA, Denver Area Office (Inspection No. 1475131), Citation and Notification of Penalty, JBS Foods Inc. (Swift Beef Co.), Greeley, CO (general duty clause, serious; plus other-than-serious) (Sept. 11, 2020) (Ex. DUT-FED-016) Open the exhibit

Ex. DUT-FED-017

Citation, Midwest Warehouse and Distribution System Inc., Naperville, IL (general duty clause)

OSHA Inspection Detail 1501560, Midwest Warehouse and Distribution

OSHA, Naperville/Chicago North Area Office (Inspection No. 1501560), United States (Illinois) (Federal)

Dates: Standing (2021-04-22)
Quarters: 2021 Q2
Limitations: Workplace rules
Character: enforcement record
Grade: Primary source read

NAICS: 493110/General Warehousing and Storage... Initial Penalty $12,288... Current Penalty $10,788.

Enforcement: $12,288 proposed; $10,788 assessed

Citation: OSHA, Naperville/Chicago North Area Office (Inspection No. 1501560), Citation, Midwest Warehouse and Distribution System Inc., Naperville, IL (general duty clause) (Apr. 22, 2021) (Ex. DUT-FED-017) Open the exhibit

Ex. DUT-FED-018

Citation, Somerset Dental Group, Glastonbury, CT (respiratory protection)

OSHA Inspection Detail 1505094, Somerset Dental Group

OSHA, Hartford Area Office (Inspection No. 1505094), United States (Connecticut) (Federal)

Dates: Standing (2021-04-15)
Quarters: 2020 Q42021 Q2
Limitations: Health care ordersWorkplace rules
Character: enforcement record
Grade: Primary source read

NAICS: 621210/Offices of Dentists... Initial Penalty $3,979... Current Penalty $2,785.

Enforcement: $3,979 proposed; $2,785 assessed

Citation: OSHA, Hartford Area Office (Inspection No. 1505094), Citation, Somerset Dental Group, Glastonbury, CT (respiratory protection) (Apr. 15, 2021) (Ex. DUT-FED-018) Open the exhibit

Ex. DUT-FED-019

Citation, Wintonbury Care Center, Bloomfield, CT (respiratory protection; reporting)

OSHA Inspection Detail 1472908, Wintonbury Care Center

OSHA, Hartford Area Office (Inspection No. 1472908), United States (Connecticut) (Federal)

Dates: Standing (2020-10-09)
Quarters: 2020 Q4
Limitations: Health care ordersWorkplace rules
Character: enforcement record
Grade: Primary source read

NAICS: 623110/Nursing Care Facilities (Skilled Nursing Facilities)... Initial Penalty $13,494... $1,928... $15,422.

Enforcement: $15,422 proposed

Citation: OSHA, Hartford Area Office (Inspection No. 1472908), Citation, Wintonbury Care Center, Bloomfield, CT (respiratory protection; reporting) (Oct. 9, 2020) (Ex. DUT-FED-019) Open the exhibit

Ex. DUT-FED-020

Common COVID-19 Citations: Helping Employers Better Protect Workers and Comply with OSHA Regulations (Nov. 2020)

Common COVID-19 Citations

Occupational Safety and Health Administration, United States (Federal)

Dates: Standing (2020-11-06)
Quarters: 2020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersWorkplace rules
Character: agency enforcement summary
Grade: Primary source read

.. complaints, referrals, or fatalities in industries such as: hospitals and healthcare, nursing homes and long term care settings, and meat/poultry processing facilities.... 1910.134(c)(1) The employer did not establish, implement, or update a written respiratory protection program with worksite-specific procedures.... 1904.39(a)(1) The employer did not report a fatality to OSHA within eight hours... 1910.132(d)(1) Note: these citations occurred in the healthcare sector...

Enforcement: as the standards provide

Citation: Occupational Safety and Health Administration, Common COVID-19 Citations: Helping Employers Better Protect Workers and Comply with OSHA Regulations (Nov. 2020) (standing) (Ex. DUT-FED-020) Open the exhibit

Ex. DUT-FED-021

Citation, Hackensack Meridian Health Jersey Shore University Medical Center, Neptune, NJ (respiratory protection; recordkeeping)

OSHA Inspection Detail 1480762, Hackensack Meridian Health (Neptune)

OSHA, Avenel Area Office (Inspection No. 1480762), United States (New Jersey) (Federal)

Dates: Standing (2020-12-08)
Quarters: 2020 Q4
Limitations: Health care ordersWorkplace rules
Character: enforcement record
Grade: Primary source read

NAICS: 622110/General Medical and Surgical Hospitals... 19100134 A02 12/08/2020... $13,494... 19040004 A 12/08/2020... $1,928.

Enforcement: $15,422 proposed

Citation: OSHA, Avenel Area Office (Inspection No. 1480762), Citation, Hackensack Meridian Health Jersey Shore University Medical Center, Neptune, NJ (respiratory protection; recordkeeping) (Dec. 8, 2020) (Ex. DUT-FED-021) Open the exhibit

Ex. DUT-FED-022

Citation, United States Postal Service, Washington, DC (general duty clause)

OSHA Inspection Detail 1522210, U.S. Postal Service

OSHA, Baltimore/Washington Area Office (Inspection No. 1522210), United States (District of Columbia) (Federal)

Dates: Standing (2021-04-20)
Quarters: 2021 Q2
Limitations: Workplace rules
Character: enforcement record
Grade: Primary source read

NAICS: 491110/Postal Service... Initial Penalty... $11,704 [willful/repeat column]... $11,704.

Enforcement: $11,704 proposed

Citation: OSHA, Baltimore/Washington Area Office (Inspection No. 1522210), Citation, United States Postal Service, Washington, DC (general duty clause) (Apr. 20, 2021) (Ex. DUT-FED-022) Open the exhibit

Ex. DUT-FED-023

42 C.F.R. 483.80 (infection control; COVID-19 reporting; COVID-19 testing)

§ 483.80 Infection control

Centers for Medicare & Medicaid Services (condition of participation for long-term care facilities), United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testingStanding duty
Character: regulatory duty
Grade: Primary source read

(a)... The facility must establish and maintain an infection prevention and control program designed to provide a safe, sanitary, and comfortable environment and to help prevent the development and transmission of communicable diseases and infections.... (g) COVID-19 reporting. The facility must-- (1) Electronically report information about COVID-19 in a standardized format specified by the Secretary.... (h) COVID-19 Testing. The LTC facility must test residents and facility staff, including individuals providing services under arrangement and volunteers, for COVID-19.

Enforcement: 42 C.F.R. part 488, subpart F: civil money penalties, denial of payment, termination; QSO-20-29-NH sets CMPs for reporting failures; QSO-20-38-NH sets enforcement for testing failures (Exs. FED-161, -168)

Citation: Centers for Medicare & Medicaid Services (condition of participation for long-term care facilities), 42 C.F.R. 483.80 (infection control; COVID-19 reporting; COVID-19 testing) (standing) (Ex. DUT-FED-023) Open the exhibit

Ex. DUT-FED-024

42 C.F.R. 482.42 (hospital infection prevention and control and antibiotic stewardship programs; COVID-19 reporting)

§ 482.42 Condition of participation: Infection prevention and control and antibiotic stewardship programs

Centers for Medicare & Medicaid Services (hospital condition of participation), United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersWorkplace rulesStanding duty
Character: regulatory duty
Grade: Primary source read

The hospital must have active hospital-wide programs for the surveillance, prevention, and control of HAIs and other infectious diseases, and for the optimization of antibiotic use through stewardship.

Enforcement: 42 C.F.R. 489.53: termination of the provider agreement; QSO-20-31 and -35 enforcement (Exs. FED-165, -166)

Citation: Centers for Medicare & Medicaid Services (hospital condition of participation), 42 C.F.R. 482.42 (hospital infection prevention and control and antibiotic stewardship programs; COVID-19 reporting) (standing) (Ex. DUT-FED-024) Open the exhibit

Ex. DUT-FED-025

42 U.S.C. 247d-6d (PREP Act targeted liability protections)

Targeted liability protections for pandemic and epidemic products and security countermeasures

Congress (Public Readiness and Emergency Preparedness Act, Pub. L. 109-148, div. C, § 2 (2005), as amended by the CARES Act § 3103), United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Standing dutyOther
Character: liability shield condition
Grade: Primary source read

(a)(1)... a covered person shall be immune from suit and liability under Federal and State law with respect to all claims for loss caused by, arising out of, relating to, or resulting from the administration to or the use by an individual of a covered countermeasure if a declaration under subsection (b) has been issued with respect to such countermeasure.... (3) Certain conditions. Subject to the other provisions of this section, immunity under paragraph (1) with respect to a covered countermeasure applies only if-- (A) the countermeasure was administered or used during the effective period of the declaration...; (B) the countermeasure was administered or used for the category or categories of diseases... specified in the declaration; and (C) in addition, in the case of a covered person who is a program planner or qualified person with respect to the administration or use of the…

Enforcement: loss of immunity when the conditions are not met

Citation: Congress (Public Readiness and Emergency Preparedness Act, Pub. L. 109-148, div. C, § 2 (2005), as amended by the CARES Act § 3103), 42 U.S.C. 247d-6d (PREP Act targeted liability protections) (standing) (Ex. DUT-FED-025) Open the exhibit

Ex. DUT-FED-026

Advisory Opinion 20-04 on the Public Readiness and Emergency Preparedness Act and the Secretary's Declaration under the Act (Oct. 22, 2020, as modified Oct. 23, 2020)

Advisory Opinion 20-04 on the PREP Act and the Secretary's Declaration

Department of Health and Human Services, Office of the General Counsel (Robert P. Charrow, General Counsel), United States (Federal)

Dates: Standing (2020-10-23 (interpretive; states the Department's reading))
Quarters: 2020 Q42021 Q12021 Q22021 Q3
Limitations: Other
Character: agency interpretation
Grade: Primary source read

In short, any individual or organization can potentially be a program planner and receive PREP Act coverage. So for example, private businesses, public and private transportation providers, public and private schools, and religious organizations are all eligible for PREP Act coverage when they act [in accordance with the Declaration]... a program planner can be a 'private sector employer or community group' that 'carries out the described activities.'... Such entities may also include businesses, schools, and places of worship.

Enforcement: loss of immunity when the Declaration's conditions are not met

Citation: Department of Health and Human Services, Office of the General Counsel (Robert P. Charrow, General Counsel), Advisory Opinion 20-04 on the Public Readiness and Emergency Preparedness Act and the Secretary's Declaration under the Act (Oct. 22, 2020, as modified Oct. 23, 2020) (standing) (Ex. DUT-FED-026) Open the exhibit

Ex. DUT-FED-027

Fourth Amendment to the Declaration Under the PREP Act for Medical Countermeasures Against COVID-19 and Republication of the Declaration, 85 Fed. Reg. 79190

Fourth Amendment to the Declaration Under the Public Readiness and Emergency Preparedness Act for Medical Countermeasures Against COVID-19 and Republication of the Declaration

Secretary of Health and Human Services (Alex M. Azar II), United States (Federal)

Dates: Standing (2020-12-03 (effective through Oct. 1, 2024 as then stated))
Quarters: 2020 Q42021 Q12021 Q22021 Q3
Limitations: Vaccination or testingOther
Character: liability shield condition
Grade: Primary source read

(g) Makes explicit in Section IX that there can be situations where not administering a covered countermeasure to a particular individual can fall within the PREP Act and this Declaration's liability protections.... liability protections for all Covered Countermeasures... used in accordance with the public health and medical response of the Authority Having Jurisdiction...

Enforcement: loss of immunity outside the Declaration's conditions

Citation: Secretary of Health and Human Services (Alex M. Azar II), Fourth Amendment to the Declaration Under the PREP Act for Medical Countermeasures Against COVID-19 and Republication of the Declaration, 85 Fed. Reg. 79190 (Dec. 3, 2020) (Ex. DUT-FED-027) Open the exhibit

Ex. DUT-FED-029

Safety Alert for Operators (SAFO) 20009, COVID-19: Updated Interim Occupational Health and Safety Guidance for Air Carriers and Crews

SAFO 20009: COVID-19: Updated Interim Occupational Health and Safety Guidance for Air Carriers and Crews

Federal Aviation Administration, Flight Standards Service (with the CDC), United States (Federal)

Dates: Standing (2020-04-17)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Face-covering requirementTravel and quarantineWorkplace rules
Character: agency guidance recommendation
Grade: Primary source read

A SAFO contains important safety information and may include recommended action. SAFO content should be especially valuable to air carriers in meeting their statutory duty to provide service with the highest possible degree of safety in the public interest.... Recommended Action: The FAA and CDC recommend and expect that all U.S.-based air carriers and crewmembers, all non-U.S.-based air carriers operating flights with a U.S. nexus, and all non-U.S.-based crewmembers on flights with a U.S. nexus implement and use their company-developed COVID-19 preparedness plans and procedures in conjunction with the FAA and CDC occupational health and safety guidance in the attached appendix...

Enforcement: none in the SAFO

Citation: Federal Aviation Administration, Flight Standards Service (with the CDC), Safety Alert for Operators (SAFO) 20009, COVID-19: Updated Interim Occupational Health and Safety Guidance for Air Carriers and Crews (Apr. 17, 2020) (Ex. DUT-FED-029) Open the exhibit

Ex. DUT-FED-030

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (technical assistance Q&A, as updated Sept. 8, 2020)

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws

Equal Employment Opportunity Commission (technical assistance), United States (Federal)

Dates: Standing (2020-09-08)
Quarters: 2020 Q32020 Q4
Limitations: Workplace rulesQuarantine and isolation
Character: agency guidance permissive
Grade: Primary source read

A.3. When may an ADA-covered employer take the body temperature of employees during the COVID-19 pandemic? Generally, measuring an employee's body temperature is a medical examination. Because the CDC and state/local health authorities have acknowledged community spread of COVID-19 and issued attendant precautions, employers may measure employees' body temperature.... an individual with the virus will pose a direct threat to the health of others. Therefore an employer may choose to administer COVID-19 testing to employees before initially permitting them to enter the workplace... An employer may require employees to wear protective gear (for example, masks and gloves) and observe infection control practices (for example, regular hand washing and social distancing protocols).

Enforcement: none; the document defines what the ADA permits

Citation: Equal Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (technical assistance Q&A, as updated Sept. 8, 2020) (Ex. DUT-FED-030) Open the exhibit

Ex. DUT-FED-031

42 U.S.C. 12113 (ADA defenses; direct threat)

Defenses

Congress (Americans with Disabilities Act § 103), United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesStanding duty
Character: statutory framework
Grade: Primary source read

(b) Qualification standards. The term 'qualification standards' may include a requirement that an individual shall not pose a direct threat to the health or safety of other individuals in the workplace.

Enforcement: not applicable (a defense)

Citation: Congress (Americans with Disabilities Act § 103), 42 U.S.C. 12113 (ADA defenses; direct threat) (standing) (Ex. DUT-FED-031) Open the exhibit

Ex. DUT-FED-032

29 C.F.R. 1630.2(r) (definition of direct threat)

§ 1630.2 Definitions

Equal Employment Opportunity Commission (regulation), United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesStanding duty
Character: regulatory framework
Grade: Primary source read

(r) Direct Threat means a significant risk of substantial harm to the health or safety of the individual or others that cannot be eliminated or reduced by reasonable accommodation. The determination that an individual poses a 'direct threat' shall be based on an individualized assessment... based on a reasonable medical judgment that relies on the most current medical knowledge and/or on the best available objective evidence.

Enforcement: not applicable

Citation: Equal Employment Opportunity Commission (regulation), 29 C.F.R. 1630.2(r) (definition of direct threat) (standing) (Ex. DUT-FED-032) Open the exhibit

Ex. DUT-FED-033

29 C.F.R. 1630.15 (defenses; direct threat as a qualification standard)

§ 1630.15 Defenses

Equal Employment Opportunity Commission (regulation), United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesStanding duty
Character: regulatory framework
Grade: Primary source read

(b)(2) Direct threat as a qualification standard. The term 'qualification standard' may include a requirement that an individual shall not pose a direct threat to the health or safety of the individual or others in the workplace.

Enforcement: not applicable

Citation: Equal Employment Opportunity Commission (regulation), 29 C.F.R. 1630.15 (defenses; direct threat as a qualification standard) (standing) (Ex. DUT-FED-033) Open the exhibit

Ex. DUT-FED-034

Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19) (as revised March 21, 2020)

Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19)

Centers for Disease Control and Prevention, United States (Federal)

Dates: Standing (2020-03-21)
Quarters: 2020 Q2
Limitations: Workplace rulesQuarantine and isolation
Character: agency guidance recommendation
Grade: Primary source read

Below are changes as of March 21, 2020: Updated cleaning and disinfection guidance; Updated best practices for conducting social distancing; Updated strategies and recommendations that can be implemented now to respond to COVID-19.... Employers should plan to respond in a flexible way... Actively encourage sick employees to stay home... Employees who have symptoms... should notify their supervisor and stay home.... Separate sick employees... Support respiratory etiquette and hand hygiene for employees, customers, and worksite visitors... Perform routine environmental cleaning and disinfection.

Enforcement: none in the guidance

Citation: Centers for Disease Control and Prevention, Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19) (as revised March 21, 2020) (Mar. 21, 2020) (Ex. DUT-FED-034) Open the exhibit

Ex. DUT-FED-035

Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020 (as revised May 6, 2020)

Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020

Centers for Disease Control and Prevention, United States (Federal)

Dates: Standing (2020-05-06)
Quarters: 2020 Q22020 Q32020 Q42021 Q1
Limitations: Face-covering requirementWorkplace rulesQuarantine and isolation
Character: agency guidance recommendation
Grade: Primary source read

Below are changes as of May 6, 2020: Updated strategies and recommendations for employers responding to COVID-19, including those seeking to resume normal or phased business operations: Conducting daily health checks; Conducting a hazard assessment of the workplace; Encouraging employees to wear cloth face coverings in the workplace, if appropriate; Implementing policies and practices for social distancing in the workplace; Improving the building ventilation system... personal protective equipment (PPE) that employers may use to help prevent the spread of COVID-19 in the workplace.

Enforcement: none in the guidance

Citation: Centers for Disease Control and Prevention, Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020 (as revised May 6, 2020) (Ex. DUT-FED-035) Open the exhibit

Ex. DUT-FED-037

Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Relating to COVID-19), March 18, 2020

Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002

Federal Motor Carrier Safety Administration (Jim Mullen, Acting Administrator), United States (Federal)

Dates: Standing (2020-03-18)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Travel and quarantineWorkplace rulesSupply chain
Character: emergency relief with mandatory conditio
Grade: Primary source read

The President has declared a nationwide emergency pursuant to 42 U.S.C. § 5191(b)... Direct assistance means transportation and other relief services provided by a motor carrier or its driver(s) incident to the immediate restoration of essential services (such as medical care) or essential supplies (such as food and fuel)... [a driver] must be permitted at least 10 consecutive hours off duty before the driver is required to return to the motor carrier's terminal or the driver's normal reporting location.

Enforcement: 49 U.S.C. 521(b) civil penalties for operating outside the relief's conditions

Citation: Federal Motor Carrier Safety Administration (Jim Mullen, Acting Administrator), Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Relating to COVID-19), March 18, 2020 (Mar. 18, 2020) (Ex. DUT-FED-037) Open the exhibit

Ex. DUT-FED-060

Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the Coronavirus Disease 2019 (COVID-19) Pandemic (updated July 15, 2020)

Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the COVID-19 Pandemic

Centers for Disease Control and Prevention, United States (Federal)

Dates: Standing (2020-07-15)
Quarters: 2020 Q32020 Q4
Limitations: Face-covering requirementHealth care ordersWorkplace rulesQuarantine and isolation
Character: agency guidance recommendation
Grade: Primary source read

Updated July 15, 2020... Recommended routine infection prevention and control (IPC) practices during the COVID-19 pandemic: CDC recommends using additional infection prevention and control practices during the COVID-19 pandemic, along with standard practices recommended as a part of routine healthcare delivery to all patients.... Respirators with exhalation valves are not recommended for source control and should not be used during surgical procedures...

Enforcement: none in the guidance; CMS conditions of participation supply the sanction for participating providers

Citation: Centers for Disease Control and Prevention, Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the Coronavirus Disease 2019 (COVID-19) Pandemic (updated July 15, 2020) (Ex. DUT-FED-060) Open the exhibit

Ex. DUT-FED-061

Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and the Occupational Safety and Health Administration (OSHA) (Apr. 26, 2020)

Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA

Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint), United States (Federal)

Dates: Standing (2020-04-26)
Quarters: 2020 Q22020 Q3
Limitations: Face-covering requirementWorkplace rulesQuarantine and isolationSupply chain
Character: agency guidance recommendation
Grade: Primary source read

CDC's Critical Infrastructure Guidance advises that critical infrastructure workers may be permitted to continue work following potential exposure to COVID-19, provided they remain asymptomatic and additional precautions are implemented to protect them and the community. All meat and poultry processing facilities developing plans for continuing operations in the setting of COVID-19 occurring among workers or in the surrounding community should (1) work directly with appropriate state and local public health officials and occupational safety and health professionals; (2) incorporate relevant aspects of CDC guidance, including but not limited to this document and the CDC's Critical Infrastructure Guidance; and (3) incorporate guidance from other authoritative sources or regulatory bodies as needed.

Enforcement: none in the guidance; the general duty clause supplied the sanction

Citation: Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint), Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and the Occupational Safety and Health Administration (OSHA) (Apr. 26, 2020) (Ex. DUT-FED-061) Open the exhibit

Ex. DUT-FED-062

Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA (updated July 9, 2020)

Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA (Updated July 9, 2020)

Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint), United States (Federal)

Dates: Standing (2020-07-09)
Quarters: 2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Face-covering requirementWorkplace rulesQuarantine and isolation
Character: agency guidance recommendation
Grade: Primary source read

Updated July 9, 2020... critical infrastructure workers may be permitted to continue work following potential exposure to COVID-19, provided they remain asymptomatic, have not had a positive test result for COVID-19, and additional precautions are implemented to protect them and the community.

Enforcement: none in the guidance

Citation: Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint), Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA (updated July 9, 2020) (Ex. DUT-FED-062) Open the exhibit

Ex. DUT-FED-063

Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed COVID-19 (Apr. 8, 2020)

Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed COVID-19

Centers for Disease Control and Prevention, United States (Federal)

Dates: Standing (2020-04-08)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Face-covering requirementWorkplace rulesQuarantine and isolation
Character: agency guidance recommendation
Grade: Primary source read

critical infrastructure workers may be permitted to continue work following potential exposure to COVID-19, provided they remain asymptomatic and additional precautions are implemented to protect them and the community.... Pre-Screen: Employers should measure the employee's temperature and assess symptoms prior to them starting work.... Wear a Mask: The employee should wear a face mask at all times while in the workplace for 14 days after last exposure.... Social Distance: The employee should maintain 6 feet and practice social distancing as work duties permit in the workplace.... Disinfect and Clean work spaces...

Enforcement: none in the guidance

Citation: Centers for Disease Control and Prevention, Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed COVID-19 (Apr. 8, 2020) (Ex. DUT-FED-063) Open the exhibit

Ex. DUT-FED-064

Considerations for Restaurants and Bars (updated May 27, 2020)

Considerations for Restaurants and Bars

Centers for Disease Control and Prevention, United States (Federal)

Dates: Standing (2020-05-27)
Quarters: 2020 Q22020 Q3
Limitations: Capacity limitFace-covering requirementWorkplace rules
Character: agency guidance recommendation
Grade: Primary source read

Updated May 27, 2020. As restaurants and bars resume operations in some areas of the United States, CDC offers the following considerations for ways in which operators can protect employees, customers, and communities and slow the spread of COVID-19. Restaurants and bars can determine, in collaboration with state and local health officials, whether and how to implement these considerations...

Enforcement: none in the guidance

Citation: Centers for Disease Control and Prevention, Considerations for Restaurants and Bars (updated May 27, 2020) (Ex. DUT-FED-064) Open the exhibit

Ex. DUT-FED-065

Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Mar. 13, 2020)

Emergency Declaration Under 49 CFR § 390.23 No. 2020-002

Federal Motor Carrier Safety Administration, United States (Federal)

Dates: Standing (2020-03-13)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Travel and quarantineWorkplace rulesSupply chain
Character: emergency relief with mandatory conditio
Grade: Primary source read

an emergency exists that warrants an exemption from Parts 390 through 399 of the Federal Motor Carrier Safety Regulations... for motor carriers and drivers providing direct assistance in support of emergency relief efforts related to the COVID-19 outbreaks... Direct assistance terminates when a driver or commercial motor vehicle is used in interstate commerce to transport cargo or provide services that are not in support of emergency relief efforts... [the driver] must be permitted at least 10 consecutive hours off duty before the driver is required to return... Nothing contained in this Emergency Declaration shall be construed as an exemption from the controlled substances and alcohol use and testing requirements (49 CFR Part 382), the commercial driver's license requirements (49 CFR Part 383), the financial responsibility (insurance) requirements (49 CFR Part 387), the hazardous…

Enforcement: 49 U.S.C. 521(b)

Citation: Federal Motor Carrier Safety Administration, Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Mar. 13, 2020) (Ex. DUT-FED-065) Open the exhibit

Ex. DUT-FED-066

News release, U.S. Department of Labor Reminds Employers That They Cannot Retaliate Against Workers Reporting Unsafe Conditions During Coronavirus Pandemic (Apr. 8, 2020)

U.S. Department of Labor Reminds Employers That They Cannot Retaliate Against Workers Reporting Unsafe Conditions During Coronavirus Pandemic

Occupational Safety and Health Administration (Principal Deputy Assistant Secretary Loren Sweatt), national news release, United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rules
Character: agency position statement
Grade: Primary source read

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) is reminding employers that it is illegal to retaliate against workers because they report unsafe and unhealthful working conditions during the coronavirus pandemic. Acts of retaliation can include terminations, demotions, denials of overtime or promotion, or reductions in pay or hours. 'Employees have the right to safe and healthy workplaces,' said Principal Deputy Assistant Secretary Loren Sweatt.

Enforcement: 29 U.S.C. 660(c)(2)

Citation: Occupational Safety and Health Administration (Principal Deputy Assistant Secretary Loren Sweatt), national news release, News release, U.S. Department of Labor Reminds Employers That They Cannot Retaliate Against Workers Reporting Unsafe Conditions During Coronavirus Pandemic (Apr. 8, 2020) (standing) (Ex. DUT-FED-066) Open the exhibit

Ex. DUT-FED-067

News release, U.S. Department of Labor's OSHA Announces $3,930,381 In Coronavirus Violations (Jan. 8, 2021)

U.S. Department of Labor's OSHA Announces $3,930,381 In Coronavirus Violations

Occupational Safety and Health Administration, national news release, United States (Federal)

Dates: Standing (2021-01-08)
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Health care ordersWorkplace rules
Character: enforcement record
Grade: Primary source read

Since the start of the coronavirus pandemic through Dec. 31, 2020, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has issued citations arising from 300 inspections for violations relating to coronavirus, resulting in proposed penalties totaling $3,930,381. OSHA inspections have resulted in the agency citing employers for violations, including failures to: Implement a written respiratory protection program; Provide a medical evaluation, respirator fit test, training on the proper use of a respirator and personal protective equipment; Report an injury, illness or fatality; Record an injury or illness on OSHA recordkeeping forms; and Comply with the General Duty Clause of the Occupational Safety and Health Act of 1970.

Enforcement: as stated

Citation: Occupational Safety and Health Administration, national news release, News release, U.S. Department of Labor's OSHA Announces $3,930,381 In Coronavirus Violations (Jan. 8, 2021) (Ex. DUT-FED-067) Open the exhibit

Ex. DUT-FED-069

News release, US Department of Labor cites insurance agency for exposing workers to coronavirus at Denver location where employee died with COVID-19 (Fred Loya Insurance Agency Inc.; Inspection No. 1528139; citation Oct. 1, 2021)

US Department of Labor cites insurance agency for exposing workers to coronavirus at Denver location where employee died with COVID-19

Occupational Safety and Health Administration, Region 8 (Denver Area Office; Area Director Amanda Kupper), United States (Colorado) (Federal)

Dates: Standing (2021-10-01)
Quarters: 2021 Q22021 Q3
Limitations: Workplace rules
Character: enforcement record
Grade: Primary source read

A federal workplace health investigation found that an auto insurance company ignored coronavirus safety requirements and allowed others displaying symptoms to work at the same Denver location where an employee died with COVID-19.... [OSHA] initiated an investigation on April 21, 2021, and found Fred Loya Insurance Agency Inc. did not safely distance employees, failed to implement a health and safety plan and allowed symptomatic workers to remain on site. The company faces $23,406 in proposed penalties.

Enforcement: $23,406 proposed

Citation: Occupational Safety and Health Administration, Region 8 (Denver Area Office; Area Director Amanda Kupper), News release, US Department of Labor cites insurance agency for exposing workers to coronavirus at Denver location where employee died with COVID-19 (Fred Loya Insurance Agency Inc.; Inspection No. 1528139; citation Oct. 1, 2021) (Oct. 7, 2021) (Ex. DUT-FED-069) Open the exhibit

Ex. DUT-FED-070

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated Dec. 16, 2020, adding Section K on vaccinations)

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (updated Dec. 16, 2020)

Equal Employment Opportunity Commission (technical assistance), United States (Federal)

Dates: Standing (2020-12-16)
Quarters: 2020 Q42021 Q12021 Q2
Limitations: Workplace rulesVaccination or testingQuarantine and isolation
Character: agency guidance permissive
Grade: Primary source read

Applying this standard to the current circumstances of the COVID-19 pandemic, employers may take screening steps to determine if employees entering the workplace have COVID-19 because an individual with the virus will pose a direct threat to the health of others. Therefore an employer may choose to administer COVID-19 testing to employees before initially permitting them to enter the workplace and/or periodically to determine if their presence in the workplace poses a direct threat to others.... An employer may exclude those with COVID-19, or symptoms associated with COVID-19, from the workplace because, as EEOC has stated, their presence would pose a direct threat to the health or safety of others.

Enforcement: none; defines what the ADA permits

Citation: Equal Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated Dec. 16, 2020, adding Section K on vaccinations) (Ex. DUT-FED-070) Open the exhibit

Ex. DUT-FED-071

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated May 28, 2021, revising Section K)

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (updated May 28, 2021)

Equal Employment Opportunity Commission (technical assistance), United States (Federal)

Dates: Standing (2021-05-28)
Quarters: 2021 Q22021 Q3
Limitations: Workplace rulesVaccination or testingQuarantine and isolation
Character: agency guidance permissive
Grade: Primary source read

Updated on May 28, 2021.... K.1. Under the ADA, Title VII, and other federal employment nondiscrimination laws, may an employer require all employees physically entering the workplace to be vaccinated for COVID-19? (5/28/21) The federal EEO laws do not prevent an employer from requiring all employees physically entering the workplace to be vaccinated for COVID-19, subject to the reasonable accommodation provisions of Title VII and the ADA and other EEO considerations discussed below.

Enforcement: none

Citation: Equal Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated May 28, 2021, revising Section K) (Ex. DUT-FED-071) Open the exhibit

Ex. DUT-FED-072

Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (as updated June 10, 2021)

Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (updated June 10, 2021)

Occupational Safety and Health Administration, United States (Federal)

Dates: Standing (2021-06-10)
Quarters: 2021 Q22021 Q3
Limitations: Face-covering requirementWorkplace rulesVaccination or testing
Character: agency guidance recommendation
Grade: Primary source read

Unless otherwise required by federal, state, local, tribal, or territorial laws, rules, and regulations, most employers no longer need to take steps to protect their fully vaccinated workers who are not otherwise at-risk from COVID-19 exposure.... CDC advises that most fully vaccinated people can resume activities without wearing masks or physically distancing, except where required by federal, state, local, tribal, or territorial laws, rules and regulations, including local business and workplace guidance.

Enforcement: as the general duty clause provides

Citation: Occupational Safety and Health Administration, Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (as updated June 10, 2021) (Ex. DUT-FED-072) Open the exhibit

Ex. DUT-FED-073

Secretary of Labor v. Ariana Murrell-Rosario d/b/a Liberty Tax Service, OSHRC Docket No. 21-0432, Decision and Order (June 6, 2022)

Decision and Order, OSHRC Docket No. 21-0432 (Liberty Tax Service, Lynn, Massachusetts)

Occupational Safety and Health Review Commission, Chief Administrative Law Judge Covette Rooney, United States (Occupational Safety and Health Review Commission) (Court)

Dates: Standing (2022-06-06)
Quarters: 2021 Q12021 Q2
Limitations: Face-covering requirementWorkplace rules
Character: adjudication
Grade: Primary source read

As a result of the inspection OSHA issued a Citation and Notification of Penalty (Citation) on April 8, 2021, for an alleged willful violation of section 5(a)(1) (general duty clause) of the OSH Act with a proposed penalty of $136,532. The Citation alleged Respondent had not protected its employees from the recognized hazard of SARS-CoV-2 (severe acute respiratory syndrome coronavirus 2), the virus that causes COVID-19.... For the reasons set forth below, the undersigned affirms the willful violation of the General Duty Clause and assesses a penalty of $95,500.... As set forth above, the Secretary has proved Respondent violated section 5(a)(1) of the Act... ORDER... Citation 1, Item 1, alleging a Willful violation of section 5 (a)(1) of the OSH Act is AFFIRMED and a penalty of $95,500 is ASSESSED.

Enforcement: $95,500 assessed (of $136,532 proposed)

Citation: Occupational Safety and Health Review Commission, Chief Administrative Law Judge Covette Rooney, Secretary of Labor v. Ariana Murrell-Rosario d/b/a Liberty Tax Service, OSHRC Docket No. 21-0432, Decision and Order (June 6, 2022) (Ex. DUT-FED-073) Open the exhibit

6. Partial suspension, element by element, for this business

This section applies the five-step test of section 3 to a business in California with the instruments this report found for the quarters selected and no others: the order; the function of the business it reached; the change it compelled, in its own words; the days of the quarter on which it was in force; and the statute's answer. Where the Library holds only federal-layer and standing-duty instruments for a quarter, the section says so and applies the test to those instruments.

Third quarter of 2021 (July 1, 2021 to Sept. 30, 2021)

Step one, the orders. In the third quarter of 2021 the Library holds 284 instruments in force for this selection: 27 instruments from the State of California (Governor Gavin Newsom, Executive Order N-25-20 (Mar. 12, 2020) (Ex. CA-003); Governor Gavin Newsom, Proclamation of a State of Emergency (Mar. 4, 2020) (Ex. CA-001); Governor Gavin Newsom, Executive Order N-29-20 (Mar. 17, 2020) (Ex. CA-006); and 24 more), 46 instruments from the agencies, boards and authorities of California (California Department of Public Health (State Public Health Officer), Beyond the Blueprint for Industry and Business Sectors (Including Guidance for Mega Events), update effective Sept. 20, 2021 (Ex. AGY-ST-HEALTH-SUBORDERS-111); Board of Education of the City of Los Angeles (Governing Board of the Los Angeles Unified School District); Superintendent Austin Beutner, Board Report No. 308-19/20 (Rep-308-19/20), Adoption of Authorization to Take Any and All Necessary Actions to Prepare and Respond Effectively to the Novel Coronavirus (COVID-19); Resolution Declaring Emergency Conditions Exist at Los Angeles Unified Schools and Offices (Mar. 10, 2020) (Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-028); California Department of Corrections and Rehabilitation (Secretary Ralph Diaz) and CCHCS, CDCR 'COVID-19 Response Efforts' chronology (as archived Apr. 30, 2020) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-007); and 43 more), 167 federal instruments (Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290); U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398); Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031); and 164 more) and 44 standing duties (California Legislature (codified text published by the Legislative Counsel, leginfo.legislature.ca.gov), Statute: Health and Safety Code, Division 105, Part 1, Chapter 2 (sections 120125-120155), powers of the State Department of Public Health over communicable disease (standing) (Ex. DUT-CA-001); California Legislature (codified text published by the Legislative Counsel), Statute: Health and Safety Code, Division 105, Part 1, Chapter 3 (sections 120175-120250), duties of local health officers in communicable disease control (standing) (Ex. DUT-CA-002); and 42 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions, in the Library's own labels: WF (Ex. AGY-ST-LABOR-WORKPLACE-014); WF workforce (Ex. AGY-ST-COURTS-001); HR (Ex. CA-022); HR credentialing (Ex. CA-012); CT courts and agencies (Ex. AGY-ST-COURTS-006); IC infection control (Ex. CA-012); OP (Ex. AGY-ST-INSURANCE-BANKING-048); IN in-person instruction (Ex. AGY-ST-HEALTH-BOARDS-022); BA (Ex. AGY-ST-ALCOHOL-061); CB (Ex. AGY-ST-ALCOHOL-061).

Step three, the change compelled. California Department of Public Health (State Public Health Officer), Beyond the Blueprint for Industry and Business Sectors (Including Guidance for Mega Events), update effective Sept. 20, 2021 (Ex. AGY-ST-HEALTH-SUBORDERS-111) ordered: "Applied vaccine verification or negative testing requirement to Indoor Mega Events involving 1,000 or more [attendees]... Removed self-attestation as a mode for both vaccine verification and for verification of negative COVID-19 test for indoor events scheduled after September 20, 2021.... CDPH is…" Enforcement: Health & Safety Code § 120295; local health officer enforcement Board of Education of the City of Los Angeles (Governing Board of the Los Angeles Unified School District); Superintendent Austin Beutner, Board Report No. 308-19/20 (Rep-308-19/20), Adoption of Authorization to Take Any and All Necessary Actions to Prepare and Respond Effectively to the Novel Coronavirus (COVID-19); Resolution Declaring Emergency Conditions Exist at Los Angeles Unified Schools and Offices (Mar. 10, 2020) (Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-028) ordered: "1. Authorize the Superintendent and/or his designee to take any and all actions necessary to ensure the continuation of public education, and the health and safety of the students and staff at the District Sites, including, but not limited to: the relocation of students and staff, provision of daily…" Enforcement: Board resolution; Cal. Pub. Cont. Code § 20113 emergency-contracting authority; disaster-service-worker designation under Cal. Gov't Code § 3100 California Department of Corrections and Rehabilitation (Secretary Ralph Diaz) and CCHCS, CDCR 'COVID-19 Response Efforts' chronology (as archived Apr. 30, 2020) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-007) ordered: "On March 20, 2020, CDCR suspended large-scale construction projects located within the secure perimeter of CDCR facilities. Limited construction activities are continuing as necessary to make work areas safe and protect construction areas from deterioration during the suspension. While the…" Enforcement: Departmental directives binding on staff and contractors as conditions of access to institutions (Penal Code § 5054; Cal. Code Regs. tit. 15, § 3170 et seq.)… The operative words of every other instrument of the quarter are quoted in section 5.

Step four, the quarter. The quarter's record runs from July 1, 2021 to Sept. 30, 2021, 92 days. Beyond the Blueprint for Industry and Business Sectors (Including Guidance for Mega… (Ex. AGY-ST-HEALTH-SUBORDERS-111) was in force from Sept. 20, 2021 to Nov. 1, 2021, 11 of the quarter's 92 days; Board Report No. 308-19/20 (Rep-308-19/20), Adoption of Authorization to Take Any and All… (Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-028) was in force from Mar. 10, 2020 to Sept. 30, 2021, 92 of the quarter's 92 days; CDCR 'COVID-19 Response Efforts' chronology (as archived Apr. 30, 2020) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-007) was in force from Mar. 11, 2020 to Aug. 2, 2021, 33 of the quarter's 92 days. Of the 73 instruments in the quarter's record, 42 were in force on its first day, 61 on its last day and 38 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of the business; each change compelled in step three is a delay, interruption or termination of that portion; and but for the orders, no law required it. On the definitions the United States agreed to and the court adopted in Tri-State, the operation was partially suspended during the third quarter of 2021 due to orders from an appropriate governmental authority limiting commerce, travel or group meetings due to COVID-19. The statute asks nothing further: not whether the business was essential or stayed open, not whether it could telework, not whose customers the orders addressed, and not for a percentage.

7. Exhibit list

Every instrument cited in this report, by exhibit identifier: 258 records, of which The COVID Project holds the document for 253. The record URL opens the instrument's page in the Library; the exhibit URL opens the document itself where it is held.

Exhibit	Instrument	Issuer	Date	Citation	Record URL	Exhibit file
Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-028	Board Report No. 308-19/20 (Rep-308-19/20), Adoption of Authorization to Take Any and All Necessary Actions to Prepare and Respond Effectively to the Novel…	Board of Education of the City of Los Angeles (Governing Board of the Los Angeles Unified School District); Superintendent Austin Beutner	Mar. 10, 2020	Board of Education of the City of Los Angeles (Governing Board of the Los Angeles Unified School District); Superintendent Austin Beutner, Board Report No. 308-19/20 (Rep-308-19/20), Adoption of Authorization to Take Any and All Necessary Actions to Prepare and Respond Effectively to the Novel Coronavirus (COVID-19); Resolution Declaring Emergency Conditions Exist at Los Angeles Unified Schools and Offices (Mar. 10, 2020) (Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-028)	/library/AGY-LOCAL-DISTRICTS-AUTHORITIES-028	/exhibit/AGY-LOCAL-DISTRICTS-AUTHORITIES-028
Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-031	Board Report No. 091-21/22 (Rep-091-21/22), Proposed Resolution Requiring COVID-19 Vaccinations for Eligible Students (special Board meeting, Sept. 9, 2021)…	Board of Education of the City of Los Angeles; Interim Superintendent Megan K. Reilly (Office of the Superintendent)	Sept. 9, 2021	Board of Education of the City of Los Angeles; Interim Superintendent Megan K. Reilly (Office of the Superintendent), Board Report No. 091-21/22 (Rep-091-21/22), Proposed Resolution Requiring COVID-19 Vaccinations for Eligible Students (special Board meeting, Sept. 9, 2021), with the Superintendent's Resolution Requesting the Board of Education of the Los Angeles Unified School District to Require COVID-19 Vaccination for Eligible Students (Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-031)	/library/AGY-LOCAL-DISTRICTS-AUTHORITIES-031	/exhibit/AGY-LOCAL-DISTRICTS-AUTHORITIES-031
Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-032	Stamped Order of Business, Special Board Meeting of September 9, 2021 (Board Report No. 091-21/22: ADOPTED AS AMENDED)	Board of Education of the City of Los Angeles	Sept. 9, 2021	Board of Education of the City of Los Angeles, Stamped Order of Business, Special Board Meeting of September 9, 2021 (Board Report No. 091-21/22: ADOPTED AS AMENDED) (Sept. 9, 2021) (Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-032)	/library/AGY-LOCAL-DISTRICTS-AUTHORITIES-032	/exhibit/AGY-LOCAL-DISTRICTS-AUTHORITIES-032
Ex. AGY-ST-ALCOHOL-061	First Notice of Regulatory Relief	California Department of Alcoholic Beverage Control	Mar. 19, 2020	California Department of Alcoholic Beverage Control, First Notice of Regulatory Relief (Mar. 19, 2020) (Ex. AGY-ST-ALCOHOL-061)	/library/AGY-ST-ALCOHOL-061	/exhibit/AGY-ST-ALCOHOL-061
Ex. AGY-ST-ALCOHOL-064	Fourth Notice of Regulatory Relief	California Department of Alcoholic Beverage Control	May 15, 2020	California Department of Alcoholic Beverage Control, Fourth Notice of Regulatory Relief (May 15, 2020) (Ex. AGY-ST-ALCOHOL-064)	/library/AGY-ST-ALCOHOL-064	/exhibit/AGY-ST-ALCOHOL-064
Ex. AGY-ST-ALCOHOL-067	Seventh Notice of Regulatory Relief	California Department of Alcoholic Beverage Control	Mar. 1, 2021	California Department of Alcoholic Beverage Control, Seventh Notice of Regulatory Relief (Mar. 1, 2021) (Ex. AGY-ST-ALCOHOL-067)	/library/AGY-ST-ALCOHOL-067	/exhibit/AGY-ST-ALCOHOL-067
Ex. AGY-ST-CORRECTIONS-EMA-GUARD-007	CDCR 'COVID-19 Response Efforts' chronology (as archived Apr. 30, 2020)	California Department of Corrections and Rehabilitation (Secretary Ralph Diaz) and CCHCS	Apr. 30, 2020	California Department of Corrections and Rehabilitation (Secretary Ralph Diaz) and CCHCS, CDCR 'COVID-19 Response Efforts' chronology (as archived Apr. 30, 2020) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-007)	/library/AGY-ST-CORRECTIONS-EMA-GUARD-007	/exhibit/AGY-ST-CORRECTIONS-EMA-GUARD-007
Ex. AGY-ST-CORRECTIONS-EMA-GUARD-009	CDCR/CCHCS memorandum, 'COVID-19 Vaccination Status Verification Requirements' (as archived July 30, 2021)	CDCR and CCHCS (Employee Health Program), implementing CalHR	July 30, 2021	CDCR and CCHCS (Employee Health Program), implementing CalHR, CDCR/CCHCS memorandum, 'COVID-19 Vaccination Status Verification Requirements' (as archived July 30, 2021) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-009)	/library/AGY-ST-CORRECTIONS-EMA-GUARD-009	/exhibit/AGY-ST-CORRECTIONS-EMA-GUARD-009
Ex. AGY-ST-CORRECTIONS-EMA-GUARD-016	CDCR/CCHCS memorandum, 'Clarification of Ongoing COVID-19 Protocols in Correctional Facilities' (June 15, 2021; archived June 23, 2021)	CDCR and CCHCS (Secretary Kathleen Allison)	June 15, 2021	CDCR and CCHCS (Secretary Kathleen Allison), CDCR/CCHCS memorandum, 'Clarification of Ongoing COVID-19 Protocols in Correctional Facilities' (June 15, 2021; archived June 23, 2021) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-016)	/library/AGY-ST-CORRECTIONS-EMA-GUARD-016	/exhibit/AGY-ST-CORRECTIONS-EMA-GUARD-016
Ex. AGY-ST-COURTS-001	In re: COVID-19 State of Emergency, En Banc, Misc. No. 260	Workers' Compensation Appeals Board of the State of California (en banc)	Mar. 18, 2020	Workers' Compensation Appeals Board of the State of California (en banc), In re: COVID-19 State of Emergency, En Banc, Misc. No. 260 (Mar. 18, 2020) (Ex. AGY-ST-COURTS-001)	/library/AGY-ST-COURTS-001	/exhibit/AGY-ST-COURTS-001
Ex. AGY-ST-COURTS-002	In re: COVID-19 State of Emergency, En Banc No. 2, Misc. No. 261	Workers' Compensation Appeals Board of the State of California (en banc)	Apr. 6, 2020	Workers' Compensation Appeals Board of the State of California (en banc), In re: COVID-19 State of Emergency, En Banc No. 2, Misc. No. 261 (Apr. 6, 2020) (Ex. AGY-ST-COURTS-002)	/library/AGY-ST-COURTS-002	/exhibit/AGY-ST-COURTS-002
Ex. AGY-ST-COURTS-004	In re: COVID-19 State of Emergency, En Banc No. 4, Misc. No. 263	Workers' Compensation Appeals Board of the State of California (en banc)	July 16, 2020	Workers' Compensation Appeals Board of the State of California (en banc), In re: COVID-19 State of Emergency, En Banc No. 4, Misc. No. 263 (July 16, 2020) (Ex. AGY-ST-COURTS-004)	/library/AGY-ST-COURTS-004	/exhibit/AGY-ST-COURTS-004
Ex. AGY-ST-COURTS-006	In re: COVID-19 State of Emergency, En Banc No. 7, Misc. No. 266	Workers' Compensation Appeals Board of the State of California (en banc)	Dec. 15, 2020	Workers' Compensation Appeals Board of the State of California (en banc), In re: COVID-19 State of Emergency, En Banc No. 7, Misc. No. 266 (Dec. 15, 2020) (Ex. AGY-ST-COURTS-006)	/library/AGY-ST-COURTS-006	/exhibit/AGY-ST-COURTS-006
Ex. AGY-ST-COURTS-068	California Rules of Court, Appendix I: Emergency Rules Related to COVID-19 (Emergency rules 1-13, adopted April 6, 2020, as amended)	Judicial Council of California	Apr. 6, 2020	Judicial Council of California, California Rules of Court, Appendix I: Emergency Rules Related to COVID-19 (Emergency rules 1-13, adopted April 6, 2020, as amended) (Apr. 6, 2020) (Ex. AGY-ST-COURTS-068)	/library/AGY-ST-COURTS-068	/exhibit/AGY-ST-COURTS-068
Ex. AGY-ST-EDUCATION-HIGHER-ED-008	University of California Policy, SARS-CoV-2 (COVID-19) Vaccination Program (final policy issued July 15, 2021)	President Michael V. Drake, M.D. (Interim President Drake; policy issued by the Office of the President)	July 15, 2021	President Michael V. Drake, M.D. (Interim President Drake; policy issued by the Office of the President), University of California Policy, SARS-CoV-2 (COVID-19) Vaccination Program (final policy issued July 15, 2021) (Ex. AGY-ST-EDUCATION-HIGHER-ED-008)	/library/AGY-ST-EDUCATION-HIGHER-ED-008
Ex. AGY-ST-EDUCATION-HIGHER-ED-035	California State University to Implement COVID-19 Vaccination Requirement for Fall 2021 Term (July 27, 2021) and the Interim CSU COVID-19 Vaccination Policy	Chancellor Joseph I. Castro	July 27, 2021	Chancellor Joseph I. Castro, California State University to Implement COVID-19 Vaccination Requirement for Fall 2021 Term (July 27, 2021) and the Interim CSU COVID-19 Vaccination Policy (Ex. AGY-ST-EDUCATION-HIGHER-ED-035)	/library/AGY-ST-EDUCATION-HIGHER-ED-035	/exhibit/AGY-ST-EDUCATION-HIGHER-ED-035
Ex. AGY-ST-HEALTH-BOARDS-021	DCA Waiver DCA-20-02, Order Waiving License Reactivation or Restoration Requirements	Kimberly Kirchmeyer, Director, Department of Consumer Affairs	Mar. 31, 2020	Kimberly Kirchmeyer, Director, Department of Consumer Affairs, DCA Waiver DCA-20-02, Order Waiving License Reactivation or Restoration Requirements (Mar. 31, 2020) (Ex. AGY-ST-HEALTH-BOARDS-021)	/library/AGY-ST-HEALTH-BOARDS-021	/exhibit/AGY-ST-HEALTH-BOARDS-021
Ex. AGY-ST-HEALTH-BOARDS-022	DCA Waiver DCA-20-03, Order Waiving Restrictions on Nursing Student Clinical Hours	Kimberly Kirchmeyer, Director, Department of Consumer Affairs	Apr. 3, 2020	Kimberly Kirchmeyer, Director, Department of Consumer Affairs, DCA Waiver DCA-20-03, Order Waiving Restrictions on Nursing Student Clinical Hours (Apr. 3, 2020) (Ex. AGY-ST-HEALTH-BOARDS-022)	/library/AGY-ST-HEALTH-BOARDS-022	/exhibit/AGY-ST-HEALTH-BOARDS-022
Ex. AGY-ST-HEALTH-BOARDS-023	DCA Waiver DCA-20-04, Order Waiving Physician Assistant Supervision Requirements	Kimberly Kirchmeyer, Director, Department of Consumer Affairs	Apr. 14, 2020	Kimberly Kirchmeyer, Director, Department of Consumer Affairs, DCA Waiver DCA-20-04, Order Waiving Physician Assistant Supervision Requirements (Apr. 14, 2020) (Ex. AGY-ST-HEALTH-BOARDS-023)	/library/AGY-ST-HEALTH-BOARDS-023	/exhibit/AGY-ST-HEALTH-BOARDS-023
Ex. AGY-ST-HEALTH-BOARDS-024	DCA Waiver DCA-20-09, Order Waiving In-Person Physician Examination Requirement for Continued Physical Therapy Treatment	Kimberly Kirchmeyer, Director, Department of Consumer Affairs	May 6, 2020	Kimberly Kirchmeyer, Director, Department of Consumer Affairs, DCA Waiver DCA-20-09, Order Waiving In-Person Physician Examination Requirement for Continued Physical Therapy Treatment (May 6, 2020) (Ex. AGY-ST-HEALTH-BOARDS-024)	/library/AGY-ST-HEALTH-BOARDS-024	/exhibit/AGY-ST-HEALTH-BOARDS-024
Ex. AGY-ST-HEALTH-BOARDS-025	DCA Waiver DCA-20-10, Order Waiving Face-to-Face Supervision Requirements for Psychology Trainees	Kimberly Kirchmeyer, Director, Department of Consumer Affairs	May 6, 2020	Kimberly Kirchmeyer, Director, Department of Consumer Affairs, DCA Waiver DCA-20-10, Order Waiving Face-to-Face Supervision Requirements for Psychology Trainees (May 6, 2020) (Ex. AGY-ST-HEALTH-BOARDS-025)	/library/AGY-ST-HEALTH-BOARDS-025	/exhibit/AGY-ST-HEALTH-BOARDS-025
Ex. AGY-ST-HEALTH-BOARDS-026	DCA Waiver DCA-20-12, Order Waiving Face-to-Face Training and Supervision Requirements for Marriage Family Therapists, Professional Clinical Counselors, and…	Kimberly Kirchmeyer, Director, Department of Consumer Affairs	May 6, 2020	Kimberly Kirchmeyer, Director, Department of Consumer Affairs, DCA Waiver DCA-20-12, Order Waiving Face-to-Face Training and Supervision Requirements for Marriage Family Therapists, Professional Clinical Counselors, and Clinical Social Workers (May 6, 2020) (Ex. AGY-ST-HEALTH-BOARDS-026)	/library/AGY-ST-HEALTH-BOARDS-026	/exhibit/AGY-ST-HEALTH-BOARDS-026
Ex. AGY-ST-HEALTH-BOARDS-027	DCA Waiver DCA-20-13, Order Waiving Postgraduate Training License Deadline	Kimberly Kirchmeyer, Director, Department of Consumer Affairs	May 6, 2020	Kimberly Kirchmeyer, Director, Department of Consumer Affairs, DCA Waiver DCA-20-13, Order Waiving Postgraduate Training License Deadline (May 6, 2020) (Ex. AGY-ST-HEALTH-BOARDS-027)	/library/AGY-ST-HEALTH-BOARDS-027	/exhibit/AGY-ST-HEALTH-BOARDS-027
Ex. AGY-ST-HEALTH-BOARDS-029	DCA Waiver DCA-20-21, Order Waiving Restrictions on Telemedicine and Extending Time to Refill Prescriptions (Veterinary Medical Board)	Kimberly Kirchmeyer, Director, Department of Consumer Affairs	June 4, 2020	Kimberly Kirchmeyer, Director, Department of Consumer Affairs, DCA Waiver DCA-20-21, Order Waiving Restrictions on Telemedicine and Extending Time to Refill Prescriptions (Veterinary Medical Board) (June 4, 2020) (Ex. AGY-ST-HEALTH-BOARDS-029)	/library/AGY-ST-HEALTH-BOARDS-029	/exhibit/AGY-ST-HEALTH-BOARDS-029
Ex. AGY-ST-HEALTH-BOARDS-030	DCA Waiver DCA-20-22, Order Waiving Face-to-Face Training Requirement (Veterinary Medical Board)	Kimberly Kirchmeyer, Director, Department of Consumer Affairs	June 4, 2020	Kimberly Kirchmeyer, Director, Department of Consumer Affairs, DCA Waiver DCA-20-22, Order Waiving Face-to-Face Training Requirement (Veterinary Medical Board) (June 4, 2020) (Ex. AGY-ST-HEALTH-BOARDS-030)	/library/AGY-ST-HEALTH-BOARDS-030	/exhibit/AGY-ST-HEALTH-BOARDS-030
Ex. AGY-ST-HEALTH-BOARDS-031	DCA Waiver DCA-20-45, Order Waiving Restrictions on Pharmacies, Pharmacists and Pharmacy Technicians Relating to Ordering, Collecting Specimens for, and…	Kimberly Kirchmeyer, Director, Department of Consumer Affairs	Aug. 25, 2020	Kimberly Kirchmeyer, Director, Department of Consumer Affairs, DCA Waiver DCA-20-45, Order Waiving Restrictions on Pharmacies, Pharmacists and Pharmacy Technicians Relating to Ordering, Collecting Specimens for, and Performing COVID-19 Tests (Aug. 25, 2020) (Ex. AGY-ST-HEALTH-BOARDS-031)	/library/AGY-ST-HEALTH-BOARDS-031	/exhibit/AGY-ST-HEALTH-BOARDS-031
Ex. AGY-ST-HEALTH-BOARDS-036	DCA Waiver DCA-21-105, Order Waiving Restrictions on Registered Nurse Temporary Licenses	Kimberly Kirchmeyer, Director, Department of Consumer Affairs	Jan. 25, 2021	Kimberly Kirchmeyer, Director, Department of Consumer Affairs, DCA Waiver DCA-21-105, Order Waiving Restrictions on Registered Nurse Temporary Licenses (Jan. 25, 2021) (Ex. AGY-ST-HEALTH-BOARDS-036)	/library/AGY-ST-HEALTH-BOARDS-036	/exhibit/AGY-ST-HEALTH-BOARDS-036
Ex. AGY-ST-HEALTH-BOARDS-037	DCA Waiver DCA-21-137, Order Waiving Restrictions on Licensed Midwives, Physician Assistants, Respiratory Care Practitioners, and Veterinarians Ordering and…	Kimberly Kirchmeyer, Director, Department of Consumer Affairs	Mar. 30, 2021	Kimberly Kirchmeyer, Director, Department of Consumer Affairs, DCA Waiver DCA-21-137, Order Waiving Restrictions on Licensed Midwives, Physician Assistants, Respiratory Care Practitioners, and Veterinarians Ordering and Administering COVID-19 Vaccines in Association with State or Local Vaccination Efforts (Mar. 30, 2021) (Ex. AGY-ST-HEALTH-BOARDS-037)	/library/AGY-ST-HEALTH-BOARDS-037	/exhibit/AGY-ST-HEALTH-BOARDS-037
Ex. AGY-ST-HEALTH-BOARDS-038	DCA Waiver DCA-21-152, Order Waiving License Renewal Requirements (Division 2) [supersedes DCA-21-134]	Kimberly Kirchmeyer, Director, Department of Consumer Affairs	June 3, 2021	Kimberly Kirchmeyer, Director, Department of Consumer Affairs, DCA Waiver DCA-21-152, Order Waiving License Renewal Requirements (Division 2) [supersedes DCA-21-134] (June 3, 2021) (Ex. AGY-ST-HEALTH-BOARDS-038)	/library/AGY-ST-HEALTH-BOARDS-038	/exhibit/AGY-ST-HEALTH-BOARDS-038
Ex. AGY-ST-HEALTH-BOARDS-039	DCA Waiver DCA-21-165, Order Extending DCA-20-02, 20-57, and 20-91, Order Waiving License Reactivation or Restoration Requirements	Kimberly Kirchmeyer, Director, Department of Consumer Affairs	July 1, 2021	Kimberly Kirchmeyer, Director, Department of Consumer Affairs, DCA Waiver DCA-21-165, Order Extending DCA-20-02, 20-57, and 20-91, Order Waiving License Reactivation or Restoration Requirements (July 1, 2021) (Ex. AGY-ST-HEALTH-BOARDS-039)	/library/AGY-ST-HEALTH-BOARDS-039	/exhibit/AGY-ST-HEALTH-BOARDS-039
Ex. AGY-ST-HEALTH-BOARDS-040	DCA Waiver DCA-21-173, Order Further Extending DCA-21, 20-42, 20-59, 20-99, 21-126, and 21-151, Order Waiving Restrictions on Telemedicine and Extending Time to…	Kimberly Kirchmeyer, Director, Department of Consumer Affairs	July 1, 2021	Kimberly Kirchmeyer, Director, Department of Consumer Affairs, DCA Waiver DCA-21-173, Order Further Extending DCA-21, 20-42, 20-59, 20-99, 21-126, and 21-151, Order Waiving Restrictions on Telemedicine and Extending Time to Refill Prescriptions (July 1, 2021) (Ex. AGY-ST-HEALTH-BOARDS-040)	/library/AGY-ST-HEALTH-BOARDS-040	/exhibit/AGY-ST-HEALTH-BOARDS-040
Ex. AGY-ST-HEALTH-BOARDS-041	DCA Waiver DCA-21-175, Order Waiving License Renewal Requirements (Division 2) [supersedes DCA-21-152]	Kimberly Kirchmeyer, Director, Department of Consumer Affairs	July 26, 2021	Kimberly Kirchmeyer, Director, Department of Consumer Affairs, DCA Waiver DCA-21-175, Order Waiving License Renewal Requirements (Division 2) [supersedes DCA-21-152] (July 26, 2021) (Ex. AGY-ST-HEALTH-BOARDS-041)	/library/AGY-ST-HEALTH-BOARDS-041	/exhibit/AGY-ST-HEALTH-BOARDS-041
Ex. AGY-ST-HEALTH-BOARDS-042	DCA Waiver DCA-21-193, Order Further Extending DCA-21, 20-42, 20-59, 20-99, 21-126, 21-151, and 21-173, Order Waiving Restrictions on Telemedicine and Extending…	Kimberly Kirchmeyer, Director, Department of Consumer Affairs	Aug. 31, 2021	Kimberly Kirchmeyer, Director, Department of Consumer Affairs, DCA Waiver DCA-21-193, Order Further Extending DCA-21, 20-42, 20-59, 20-99, 21-126, 21-151, and 21-173, Order Waiving Restrictions on Telemedicine and Extending Time to Refill Prescriptions (Aug. 31, 2021) (Ex. AGY-ST-HEALTH-BOARDS-042)	/library/AGY-ST-HEALTH-BOARDS-042	/exhibit/AGY-ST-HEALTH-BOARDS-042
Ex. AGY-ST-HEALTH-BOARDS-043	DCA Waiver DCA-21-194, Order Waiving License Renewal Requirements (Division 2)	Kimberly Kirchmeyer, Director, Department of Consumer Affairs	Sept. 28, 2021	Kimberly Kirchmeyer, Director, Department of Consumer Affairs, DCA Waiver DCA-21-194, Order Waiving License Renewal Requirements (Division 2) (Sept. 28, 2021) (Ex. AGY-ST-HEALTH-BOARDS-043)	/library/AGY-ST-HEALTH-BOARDS-043	/exhibit/AGY-ST-HEALTH-BOARDS-043
Ex. AGY-ST-HEALTH-SUBORDERS-086	AFL 20-22.9, Guidance for Limiting the Transmission of COVID-19 in Skilled Nursing Facilities (revision of Aug. 12, 2021; series begun March 2020)	California Department of Public Health, Center for Health Care Quality	Aug. 12, 2021	California Department of Public Health, Center for Health Care Quality, AFL 20-22.9, Guidance for Limiting the Transmission of COVID-19 in Skilled Nursing Facilities (revision of Aug. 12, 2021; series begun March 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-086)	/library/AGY-ST-HEALTH-SUBORDERS-086	/exhibit/AGY-ST-HEALTH-SUBORDERS-086
Ex. AGY-ST-HEALTH-SUBORDERS-088	AFL 20-52, Coronavirus Disease 2019 (COVID-19) Mitigation Plan Implementation and Submission	Heidi W. Steinecker, Deputy Director, Center for Health Care Quality, CDPH	May 11, 2020	Heidi W. Steinecker, Deputy Director, Center for Health Care Quality, CDPH, AFL 20-52, Coronavirus Disease 2019 (COVID-19) Mitigation Plan Implementation and Submission (May 11, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-088)	/library/AGY-ST-HEALTH-SUBORDERS-088	/exhibit/AGY-ST-HEALTH-SUBORDERS-088
Ex. AGY-ST-HEALTH-SUBORDERS-091	AFL 21-28 (as revised), Coronavirus Disease 2019 (COVID-19) Testing, Vaccination Verification and Personal Protective Equipment for Health Care Personnel at…	Cassie Dunham, Deputy Director, Center for Health Care Quality, CDPH	Aug. 9, 2021	Cassie Dunham, Deputy Director, Center for Health Care Quality, CDPH, AFL 21-28 (as revised), Coronavirus Disease 2019 (COVID-19) Testing, Vaccination Verification and Personal Protective Equipment for Health Care Personnel at Skilled Nursing Facilities (Aug. 9, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-091)	/library/AGY-ST-HEALTH-SUBORDERS-091	/exhibit/AGY-ST-HEALTH-SUBORDERS-091
Ex. AGY-ST-HEALTH-SUBORDERS-092	AFL 21-34, Coronavirus Disease 2019 (COVID-19) Vaccine Requirement for Healthcare Personnel (HCP)	CDPH, Center for Health Care Quality	Sept. 9, 2021	CDPH, Center for Health Care Quality, AFL 21-34, Coronavirus Disease 2019 (COVID-19) Vaccine Requirement for Healthcare Personnel (HCP) (Sept. 9, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-092)	/library/AGY-ST-HEALTH-SUBORDERS-092	/exhibit/AGY-ST-HEALTH-SUBORDERS-092
Ex. AGY-ST-HEALTH-SUBORDERS-110	Guidance for the Use of Face Coverings (effective July 28, 2021)	California Department of Public Health (State Public Health Officer)	July 28, 2021	California Department of Public Health (State Public Health Officer), Guidance for the Use of Face Coverings (effective July 28, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-110)	/library/AGY-ST-HEALTH-SUBORDERS-110	/exhibit/AGY-ST-HEALTH-SUBORDERS-110
Ex. AGY-ST-HEALTH-SUBORDERS-111	Beyond the Blueprint for Industry and Business Sectors (Including Guidance for Mega Events), update effective Sept. 20, 2021	California Department of Public Health (State Public Health Officer)	Sept. 20, 2021	California Department of Public Health (State Public Health Officer), Beyond the Blueprint for Industry and Business Sectors (Including Guidance for Mega Events), update effective Sept. 20, 2021 (Ex. AGY-ST-HEALTH-SUBORDERS-111)	/library/AGY-ST-HEALTH-SUBORDERS-111	/exhibit/AGY-ST-HEALTH-SUBORDERS-111
Ex. AGY-ST-INSURANCE-BANKING-048	Guidance to Broker-Dealers and Investment Advisers (dated March 30, 2020; file dated March 26, 2020)	Manuel P. Alvarez, Commissioner of Business Oversight	Mar. 30, 2020	Manuel P. Alvarez, Commissioner of Business Oversight, Guidance to Broker-Dealers and Investment Advisers (dated March 30, 2020; file dated March 26, 2020) (Mar. 30, 2020) (Ex. AGY-ST-INSURANCE-BANKING-048)	/library/AGY-ST-INSURANCE-BANKING-048	/exhibit/AGY-ST-INSURANCE-BANKING-048
Ex. AGY-ST-LABOR-WORKPLACE-002	Finding of Emergency, Government Code section 11346.1: Proposed Emergency Regulation, COVID-19 Prevention (Title 8, §§ 3205, 3205.1, 3205.2, 3205.3, 3205.4)…	Occupational Safety and Health Standards Board	Nov. 19, 2020	Occupational Safety and Health Standards Board, Finding of Emergency, Government Code section 11346.1: Proposed Emergency Regulation, COVID-19 Prevention (Title 8, §§ 3205, 3205.1, 3205.2, 3205.3, 3205.4), Business Meeting November 19, 2020 (Nov. 19, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-002)	/library/AGY-ST-LABOR-WORKPLACE-002	/exhibit/AGY-ST-LABOR-WORKPLACE-002
Ex. AGY-ST-LABOR-WORKPLACE-014	Senate Bill 1159 (Chapter 85, Statutes of 2020)	California Legislature; approved by Governor Newsom	Sept. 17, 2020	California Legislature; approved by Governor Newsom, Senate Bill 1159 (Chapter 85, Statutes of 2020) (Sept. 17, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-014)	/library/AGY-ST-LABOR-WORKPLACE-014	/exhibit/AGY-ST-LABOR-WORKPLACE-014
Ex. AGY-ST-TRADE-BOARDS-050	DCA Waiver DCA-21-153, Order Waiving License Renewal Requirements (Division 3 licenses expiring Mar. 31, 2020-July 31, 2021; supersedes DCA-21-135)	California DCA, Director Kimberly Kirchmeyer	June 3, 2021	California DCA, Director Kimberly Kirchmeyer, DCA Waiver DCA-21-153, Order Waiving License Renewal Requirements (Division 3 licenses expiring Mar. 31, 2020-July 31, 2021; supersedes DCA-21-135) (June 3, 2021) (Ex. AGY-ST-TRADE-BOARDS-050)	/library/AGY-ST-TRADE-BOARDS-050	/exhibit/AGY-ST-TRADE-BOARDS-050
Ex. AGY-ST-TRADE-BOARDS-051	DCA Waiver DCA-21-176, Order Waiving License Renewal Requirements (Division 3 licenses expiring Mar. 31, 2020-Sept. 30, 2021; supersedes DCA-21-153)	California DCA, Director Kimberly Kirchmeyer	July 26, 2021	California DCA, Director Kimberly Kirchmeyer, DCA Waiver DCA-21-176, Order Waiving License Renewal Requirements (Division 3 licenses expiring Mar. 31, 2020-Sept. 30, 2021; supersedes DCA-21-153) (July 26, 2021) (Ex. AGY-ST-TRADE-BOARDS-051)	/library/AGY-ST-TRADE-BOARDS-051	/exhibit/AGY-ST-TRADE-BOARDS-051
Ex. AGY-ST-TRADE-BOARDS-052	DCA Waiver DCA-21-195, Order Waiving License Renewal Requirements (Division 3 licenses expiring Oct. 1-31, 2021)	California DCA, Director Kimberly Kirchmeyer	Sept. 28, 2021	California DCA, Director Kimberly Kirchmeyer, DCA Waiver DCA-21-195, Order Waiving License Renewal Requirements (Division 3 licenses expiring Oct. 1-31, 2021) (Sept. 28, 2021) (Ex. AGY-ST-TRADE-BOARDS-052)	/library/AGY-ST-TRADE-BOARDS-052	/exhibit/AGY-ST-TRADE-BOARDS-052
Ex. CA-001	Proclamation of a State of Emergency	Governor Gavin Newsom	Mar. 4, 2020	Governor Gavin Newsom, Proclamation of a State of Emergency (Mar. 4, 2020) (Ex. CA-001)	/library/CA-001	/exhibit/CA-001
Ex. CA-003	Executive Order N-25-20	Governor Gavin Newsom	Mar. 12, 2020	Governor Gavin Newsom, Executive Order N-25-20 (Mar. 12, 2020) (Ex. CA-003)	/library/CA-003	/exhibit/CA-003
Ex. CA-006	Executive Order N-29-20	Governor Gavin Newsom	Mar. 17, 2020	Governor Gavin Newsom, Executive Order N-29-20 (Mar. 17, 2020) (Ex. CA-006)	/library/CA-006	/exhibit/CA-006
Ex. CA-010	State Public Health Officer Order of July 13, 2020	State Public Health Officer Sonia Angell	July 13, 2020	State Public Health Officer Sonia Angell, State Public Health Officer Order of July 13, 2020 (Ex. CA-010)	/library/CA-010	/exhibit/CA-010
Ex. CA-011	Executive Order N-38-20	Governor Gavin Newsom	Mar. 27, 2020	Governor Gavin Newsom, Executive Order N-38-20 (Mar. 27, 2020) (Ex. CA-011)	/library/CA-011	/exhibit/CA-011
Ex. CA-012	Executive Order N-39-20	Governor Gavin Newsom	Mar. 30, 2020	Governor Gavin Newsom, Executive Order N-39-20 (Mar. 30, 2020) (Ex. CA-012)	/library/CA-012	/exhibit/CA-012
Ex. CA-015	State Public Health Officer Order of May 7, 2020	State Public Health Officer Sonia Angell	May 7, 2020	State Public Health Officer Sonia Angell, State Public Health Officer Order of May 7, 2020 (Ex. CA-015)	/library/CA-015	/exhibit/CA-015
Ex. CA-017	State Public Health Officer Order of August 28, 2020 (Blueprint for a Safer Economy)	Acting State Public Health Officer Erica S. Pan	Aug. 28, 2020	Acting State Public Health Officer Erica S. Pan, State Public Health Officer Order of August 28, 2020 (Blueprint for a Safer Economy) (Aug. 28, 2020) (Ex. CA-017)	/library/CA-017	/exhibit/CA-017
Ex. CA-020	Regional Stay at Home Order	Acting State Public Health Officer Erica S. Pan	Dec. 3, 2020	Acting State Public Health Officer Erica S. Pan, Regional Stay at Home Order (Dec. 3, 2020) (Ex. CA-020)	/library/CA-020	/exhibit/CA-020
Ex. CA-022	Executive Order N-84-20	Governor Gavin Newsom	Dec. 14, 2020	Governor Gavin Newsom, Executive Order N-84-20 (Dec. 14, 2020) (Ex. CA-022)	/library/CA-022	/exhibit/CA-022
Ex. CA-023	COVID-19 Prevention Emergency Temporary Standards, 8 C.C.R. secs. 3205, 3205.1, 3205.2, 3205.3, 3205.4	Occupational Safety and Health Standards Board (Cal/OSHA)	Nov. 19, 2020	Occupational Safety and Health Standards Board (Cal/OSHA), COVID-19 Prevention Emergency Temporary Standards, 8 C.C.R. secs. 3205, 3205.1, 3205.2, 3205.3, 3205.4 (Nov. 19, 2020) (Ex. CA-023)	/library/CA-023	/exhibit/CA-023
Ex. CA-024	COVID-19 Prevention Emergency Temporary Standards as readopted, 8 C.C.R. secs. 3205-3205.4	Occupational Safety and Health Standards Board (Cal/OSHA)	June 17, 2021	Occupational Safety and Health Standards Board (Cal/OSHA), COVID-19 Prevention Emergency Temporary Standards as readopted, 8 C.C.R. secs. 3205-3205.4 (June 17, 2021) (Ex. CA-024)	/library/CA-024	/exhibit/CA-024
Ex. CA-027	Executive Order N-07-21	Governor Gavin Newsom	June 11, 2021	Governor Gavin Newsom, Executive Order N-07-21 (June 11, 2021) (Ex. CA-027)	/library/CA-027	/exhibit/CA-027
Ex. CA-028	Executive Order N-08-21	Governor Gavin Newsom	June 11, 2021	Governor Gavin Newsom, Executive Order N-08-21 (June 11, 2021) (Ex. CA-028)	/library/CA-028	/exhibit/CA-028
Ex. CA-029	State Public Health Officer Order of June 11, 2021 (Beyond the Blueprint)	State Public Health Officer Tomas J. Aragon	June 11, 2021	State Public Health Officer Tomas J. Aragon, State Public Health Officer Order of June 11, 2021 (Beyond the Blueprint) (Ex. CA-029)	/library/CA-029	/exhibit/CA-029
Ex. CA-030	State Public Health Officer Order of August 5, 2021 (Health Care Worker Vaccine Requirement)	State Public Health Officer Tomas J. Aragon	Aug. 5, 2021	State Public Health Officer Tomas J. Aragon, State Public Health Officer Order of August 5, 2021 (Health Care Worker Vaccine Requirement) (Aug. 5, 2021) (Ex. CA-030)	/library/CA-030	/exhibit/CA-030
Ex. CA-031	State Public Health Officer Order of July 26, 2021 (Health Care Worker Protections in High-Risk Settings; Unvaccinated Workers in High-Risk Settings)	State Public Health Officer Tomas J. Aragon	July 26, 2021	State Public Health Officer Tomas J. Aragon, State Public Health Officer Order of July 26, 2021 (Health Care Worker Protections in High-Risk Settings; Unvaccinated Workers in High-Risk Settings) (Ex. CA-031)	/library/CA-031	/exhibit/CA-031
Ex. CA-032	State Public Health Officer Order of August 5, 2021 (Requirements for Visitors in Acute Health Care and Long-Term Care Settings)	State Public Health Officer Tomas J. Aragon	Aug. 5, 2021	State Public Health Officer Tomas J. Aragon, State Public Health Officer Order of August 5, 2021 (Requirements for Visitors in Acute Health Care and Long-Term Care Settings) (Aug. 5, 2021) (Ex. CA-032)	/library/CA-032	/exhibit/CA-032
Ex. CA-033	State Public Health Officer Order of August 11, 2021 (Vaccine Verification for Workers in Schools)	State Public Health Officer Tomas J. Aragon	Aug. 11, 2021	State Public Health Officer Tomas J. Aragon, State Public Health Officer Order of August 11, 2021 (Vaccine Verification for Workers in Schools) (Aug. 11, 2021) (Ex. CA-033)	/library/CA-033	/exhibit/CA-033
Ex. CA-034	COVID-19 Public Health Guidance for K-12 Schools in California, 2021-22 School Year	California Department of Public Health	July 12, 2021	California Department of Public Health, COVID-19 Public Health Guidance for K-12 Schools in California, 2021-22 School Year (July 12, 2021) (Ex. CA-034)	/library/CA-034	/exhibit/CA-034
Ex. CA-035	Guidance for the Use of Face Coverings (July 28, 2021)	California Department of Public Health	July 28, 2021	California Department of Public Health, Guidance for the Use of Face Coverings (July 28, 2021) (Ex. CA-035)	/library/CA-035	/exhibit/CA-035
Ex. CA-036	State Public Health Officer Order of June 11, 2021 as posted on CDPH's site and printed September 21, 2021	State Public Health Officer Tomas J. Aragon	June 11, 2021	State Public Health Officer Tomas J. Aragon, State Public Health Officer Order of June 11, 2021 as posted on CDPH's site and printed September 21, 2021 (Ex. CA-036)	/library/CA-036	/exhibit/CA-036
Ex. CA-037	State Public Health Officer Order of September 28, 2021 (Adult Care Facilities and Direct Care Worker Vaccine Requirement)	State Public Health Officer Tomas J. Aragon	Sept. 28, 2021	State Public Health Officer Tomas J. Aragon, State Public Health Officer Order of September 28, 2021 (Adult Care Facilities and Direct Care Worker Vaccine Requirement) (Sept. 28, 2021) (Ex. CA-037)	/library/CA-037	/exhibit/CA-037
Ex. CA-038	State Public Health Officer Order of August 19, 2021 (Correctional Facilities and Detention Centers Health Care Worker Vaccination Order)	State Public Health Officer Tomas J. Aragon	Aug. 19, 2021	State Public Health Officer Tomas J. Aragon, State Public Health Officer Order of August 19, 2021 (Correctional Facilities and Detention Centers Health Care Worker Vaccination Order) (Aug. 19, 2021) (Ex. CA-038)	/library/CA-038	/exhibit/CA-038
Ex. CA-039	State-employee vaccine verification and weekly testing policy (announced July 26, 2021)	Governor Gavin Newsom (announcement); California Department of Human Resources (policy)	July 26, 2021	Governor Gavin Newsom (announcement); California Department of Human Resources (policy), State-employee vaccine verification and weekly testing policy (announced July 26, 2021) (Ex. CA-039)	/library/CA-039	/exhibit/CA-039
Ex. CA-051	Fact sheet: Update - COVID-19 Emergency Temporary Standards, What Employers Need to Know About the Recommended Revisions	Department of Industrial Relations, Division of Occupational Safety and Health (Cal/OSHA)	June 16, 2021	Department of Industrial Relations, Division of Occupational Safety and Health (Cal/OSHA), Fact sheet: Update - COVID-19 Emergency Temporary Standards, What Employers Need to Know About the Recommended Revisions (June 16, 2021) (Ex. CA-051)	/library/CA-051	/exhibit/CA-051
Ex. CA-056	CalHR COVID-19 vaccination verification and testing policy for State employees	California Department of Human Resources (CalHR)	July 26, 2021	California Department of Human Resources (CalHR), CalHR COVID-19 vaccination verification and testing policy for State employees (July 26, 2021) (Ex. CA-056)	/library/CA-056
Ex. CA-057	Notices of Regulatory Relief (First Notice March 19, 2020; Second through Fifth Notices, March-June 2020) and COVID-19 advisories	Department of Alcoholic Beverage Control	Mar. 19, 2020	Department of Alcoholic Beverage Control, Notices of Regulatory Relief (First Notice March 19, 2020; Second through Fifth Notices, March-June 2020) and COVID-19 advisories (Mar. 19, 2020) (Ex. CA-057)	/library/CA-057
Ex. CA-061	Senate Bill 95 (2021)	California Legislature; Governor Newsom (approved)	Mar. 19, 2021	California Legislature; Governor Newsom (approved), Senate Bill 95 (2021) (Mar. 19, 2021) (Ex. CA-061)	/library/CA-061	/exhibit/CA-061
Ex. CA-062	Assembly Bill 832 (2021)	California Legislature; Governor Newsom (approved)	June 28, 2021	California Legislature; Governor Newsom (approved), Assembly Bill 832 (2021) (June 28, 2021) (Ex. CA-062)	/library/CA-062	/exhibit/CA-062
Ex. CA-065	Assembly Bill 685 (2020)	California Legislature; Governor Newsom (approved)	Sept. 17, 2020	California Legislature; Governor Newsom (approved), Assembly Bill 685 (2020) (Sept. 17, 2020) (Ex. CA-065)	/library/CA-065	/exhibit/CA-065
Ex. CA-067	Executive Order N-09-21	Governor Gavin Newsom	June 17, 2021	Governor Gavin Newsom, Executive Order N-09-21 (June 17, 2021) (Ex. CA-067)	/library/CA-067	/exhibit/CA-067
Ex. DUT-CA-001	Statute: Health and Safety Code, Division 105, Part 1, Chapter 2 (sections 120125-120155), powers of the State Department of Public Health over communicable…	California Legislature (codified text published by the Legislative Counsel, leginfo.legislature.ca.gov)	standing	California Legislature (codified text published by the Legislative Counsel, leginfo.legislature.ca.gov), Statute: Health and Safety Code, Division 105, Part 1, Chapter 2 (sections 120125-120155), powers of the State Department of Public Health over communicable disease (standing) (Ex. DUT-CA-001)	/library/DUT-CA-001	/exhibit/DUT-CA-001
Ex. DUT-CA-002	Statute: Health and Safety Code, Division 105, Part 1, Chapter 3 (sections 120175-120250), duties of local health officers in communicable disease control	California Legislature (codified text published by the Legislative Counsel)	standing	California Legislature (codified text published by the Legislative Counsel), Statute: Health and Safety Code, Division 105, Part 1, Chapter 3 (sections 120175-120250), duties of local health officers in communicable disease control (standing) (Ex. DUT-CA-002)	/library/DUT-CA-002	/exhibit/DUT-CA-002
Ex. DUT-CA-003	Statute: Health and Safety Code, Division 105, Part 1, Chapter 4 (sections 120275-120305), penalties for violating communicable-disease control orders and…	California Legislature (codified text published by the Legislative Counsel)	standing	California Legislature (codified text published by the Legislative Counsel), Statute: Health and Safety Code, Division 105, Part 1, Chapter 4 (sections 120275-120305), penalties for violating communicable-disease control orders and regulations (standing) (Ex. DUT-CA-003)	/library/DUT-CA-003	/exhibit/DUT-CA-003
Ex. DUT-CA-004	Statute: Health and Safety Code section 101040, preventive measures by the local health officer during a state of emergency or local emergency	California Legislature (codified text published by the Legislative Counsel)	standing	California Legislature (codified text published by the Legislative Counsel), Statute: Health and Safety Code section 101040, preventive measures by the local health officer during a state of emergency or local emergency (standing) (Ex. DUT-CA-004)	/library/DUT-CA-004	/exhibit/DUT-CA-004
Ex. DUT-CA-005	Statute: Government Code sections 8565-8574.7 (Emergency Services Act, Article 3, Powers of the Governor)	California Legislature (codified text published by the Legislative Counsel)	standing	California Legislature (codified text published by the Legislative Counsel), Statute: Government Code sections 8565-8574.7 (Emergency Services Act, Article 3, Powers of the Governor) (standing) (Ex. DUT-CA-005)	/library/DUT-CA-005	/exhibit/DUT-CA-005
Ex. DUT-CA-006	Statute: Government Code sections 8625-8629 (Emergency Services Act, Article 13, State of Emergency)	California Legislature (codified text published by the Legislative Counsel)	standing	California Legislature (codified text published by the Legislative Counsel), Statute: Government Code sections 8625-8629 (Emergency Services Act, Article 13, State of Emergency) (standing) (Ex. DUT-CA-006)	/library/DUT-CA-006	/exhibit/DUT-CA-006
Ex. DUT-CA-007	Statute: Government Code section 8665 (Emergency Services Act penalty)	California Legislature (codified text published by the Legislative Counsel)	standing	California Legislature (codified text published by the Legislative Counsel), Statute: Government Code section 8665 (Emergency Services Act penalty) (standing) (Ex. DUT-CA-007)	/library/DUT-CA-007	/exhibit/DUT-CA-007
Ex. DUT-CA-008	Statute: Government Code sections 8630-8634 (Emergency Services Act, Article 14, Local Emergency)	California Legislature (codified text published by the Legislative Counsel)	standing	California Legislature (codified text published by the Legislative Counsel), Statute: Government Code sections 8630-8634 (Emergency Services Act, Article 14, Local Emergency) (standing) (Ex. DUT-CA-008)	/library/DUT-CA-008	/exhibit/DUT-CA-008
Ex. DUT-CA-009	Statute: Labor Code, Division 5, Part 1, Chapter 3 (sections 6400-6413.5), Responsibilities and Duties of Employers and Employees	California Legislature (codified text published by the Legislative Counsel)	standing	California Legislature (codified text published by the Legislative Counsel), Statute: Labor Code, Division 5, Part 1, Chapter 3 (sections 6400-6413.5), Responsibilities and Duties of Employers and Employees (standing) (Ex. DUT-CA-009)	/library/DUT-CA-009	/exhibit/DUT-CA-009
Ex. DUT-CA-010	Statute: Labor Code, Division 5, Part 1, Chapter 4 (sections 6423-6436), Violations and Penalties	California Legislature (codified text published by the Legislative Counsel)	standing	California Legislature (codified text published by the Legislative Counsel), Statute: Labor Code, Division 5, Part 1, Chapter 4 (sections 6423-6436), Violations and Penalties (standing) (Ex. DUT-CA-010)	/library/DUT-CA-010	/exhibit/DUT-CA-010
Ex. DUT-CA-011	Regulation: California Code of Regulations, Title 8, section 3203, Injury and Illness Prevention Program	Occupational Safety and Health Standards Board, Department of Industrial Relations (regulation published by DIR)	standing	Occupational Safety and Health Standards Board, Department of Industrial Relations (regulation published by DIR), Regulation: California Code of Regulations, Title 8, section 3203, Injury and Illness Prevention Program (standing) (Ex. DUT-CA-011)	/library/DUT-CA-011	/exhibit/DUT-CA-011
Ex. DUT-CA-012	Agency news release No. 2020-63, 'Cal/OSHA Urges Employers to Follow the State's Guidance on Protecting Workers from COVID-19'	Department of Industrial Relations, Division of Occupational Safety and Health (Cal/OSHA)	standing	Department of Industrial Relations, Division of Occupational Safety and Health (Cal/OSHA), Agency news release No. 2020-63, 'Cal/OSHA Urges Employers to Follow the State's Guidance on Protecting Workers from COVID-19' (standing) (Ex. DUT-CA-012)	/library/DUT-CA-012	/exhibit/DUT-CA-012
Ex. DUT-CA-013	Statute: Evidence Code section 669, presumption of failure to exercise due care from violation of a statute, ordinance or regulation	California Legislature (codified text published by the Legislative Counsel)	standing	California Legislature (codified text published by the Legislative Counsel), Statute: Evidence Code section 669, presumption of failure to exercise due care from violation of a statute, ordinance or regulation (standing) (Ex. DUT-CA-013)	/library/DUT-CA-013	/exhibit/DUT-CA-013
Ex. DUT-CA-014	COVID-19 Industry Guidance: Retail (July 29, 2020 version), covid19.ca.gov	California Department of Public Health and Division of Occupational Safety and Health (Cal/OSHA), under the State Public Health Officer orders of May 7, 2020 (CA-015 paragraph 2, 'necessary modifications') and Aug. 28, 2020 (CA-017 paragraphs 1 and 8)	standing	California Department of Public Health and Division of Occupational Safety and Health (Cal/OSHA), under the State Public Health Officer orders of May 7, 2020 (CA-015 paragraph 2, 'necessary modifications') and Aug. 28, 2020 (CA-017 paragraphs 1 and 8), COVID-19 Industry Guidance: Retail (July 29, 2020 version), covid19.ca.gov (Ex. DUT-CA-014)	/library/DUT-CA-014	/exhibit/DUT-CA-014
Ex. DUT-CA-015	Statute: Health and Safety Code section 114409 (California Retail Food Code), permit suspension and closure on an imminent health hazard	California Legislature (codified text published by the Legislative Counsel)	standing	California Legislature (codified text published by the Legislative Counsel), Statute: Health and Safety Code section 114409 (California Retail Food Code), permit suspension and closure on an imminent health hazard (standing) (Ex. DUT-CA-015)	/library/DUT-CA-015	/exhibit/DUT-CA-015
Ex. DUT-CA-016	Senate Bill 1159 (Hill), Stats. 2020, ch. 85, adding Labor Code sections 77.8, 3212.86, 3212.87 and 3212.88	California Legislature; approved by Governor Gavin Newsom Sept. 17, 2020	standing	California Legislature; approved by Governor Gavin Newsom Sept. 17, 2020, Senate Bill 1159 (Hill), Stats. 2020, ch. 85, adding Labor Code sections 77.8, 3212.86, 3212.87 and 3212.88 (Sept. 17, 2020) (Ex. DUT-CA-016)	/library/DUT-CA-016	/exhibit/DUT-CA-016
Ex. DUT-CA-017	Assembly Bill 1035 (2019-2020): 'COVID-19 emergency: small businesses: immunity from civil liability' (bill status: 'Inactive Bill - Died')	California Legislature (Assembly Bill 1035, Ramos and Mayes, 2019-2020 Regular Session); bill status published by the Legislative Counsel	standing	California Legislature (Assembly Bill 1035, Ramos and Mayes, 2019-2020 Regular Session); bill status published by the Legislative Counsel, Assembly Bill 1035 (2019-2020): 'COVID-19 emergency: small businesses: immunity from civil liability' (bill status: 'Inactive Bill - Died') (Nov. 30, 2020) (Ex. DUT-CA-017)	/library/DUT-CA-017	/exhibit/DUT-CA-017
Ex. DUT-CA-018	Published opinion: Newsom v. Superior Court (Gallagher), No. C093006 (Cal. Ct. App. May 5, 2021), 63 Cal.App.5th 1099	California Court of Appeal, Third Appellate District (Robie, J., with Hull and Mauro, JJ.)	standing	California Court of Appeal, Third Appellate District (Robie, J., with Hull and Mauro, JJ.), Published opinion: Newsom v. Superior Court (Gallagher), No. C093006 (Cal. Ct. App. May 5, 2021), 63 Cal.App.5th 1099 (standing) (Ex. DUT-CA-018)	/library/DUT-CA-018	/exhibit/DUT-CA-018
Ex. DUT-CA-019	Published opinion: See's Candies, Inc. v. Superior Court (Ek), No. B312241 (Cal. Ct. App. Dec. 21, 2021), 73 Cal.App.5th 66	California Court of Appeal, Second Appellate District	standing	California Court of Appeal, Second Appellate District, Published opinion: See's Candies, Inc. v. Superior Court (Ek), No. B312241 (Cal. Ct. App. Dec. 21, 2021), 73 Cal.App.5th 66 (Ex. DUT-CA-019)	/library/DUT-CA-019	/exhibit/DUT-CA-019
Ex. DUT-CA-020	Opinion: Kuciemba v. Victory Woodworks, Inc., No. S274191 (Cal. July 6, 2023), 14 Cal.5th 993	Supreme Court of California (Corrigan, J., for a unanimous court)	standing	Supreme Court of California (Corrigan, J., for a unanimous court), Opinion: Kuciemba v. Victory Woodworks, Inc., No. S274191 (Cal. July 6, 2023), 14 Cal.5th 993 (Ex. DUT-CA-020)	/library/DUT-CA-020	/exhibit/DUT-CA-020
Ex. DUT-FED-001	29 U.S.C. 654 (OSH Act § 5, the general duty clause)	Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593)	standing	Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001)	/library/DUT-FED-001	/exhibit/DUT-FED-001
Ex. DUT-FED-002	29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation)	Congress (OSH Act § 11(c))	standing	Congress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002)	/library/DUT-FED-002	/exhibit/DUT-FED-002
Ex. DUT-FED-003	29 C.F.R. 1910.132 (personal protective equipment, general requirements)	Occupational Safety and Health Administration (standard promulgated under 29 U.S.C. 655)	standing	Occupational Safety and Health Administration (standard promulgated under 29 U.S.C. 655), 29 C.F.R. 1910.132 (personal protective equipment, general requirements) (standing) (Ex. DUT-FED-003)	/library/DUT-FED-003	/exhibit/DUT-FED-003
Ex. DUT-FED-004	29 C.F.R. 1910.134 (respiratory protection)	Occupational Safety and Health Administration	standing	Occupational Safety and Health Administration, 29 C.F.R. 1910.134 (respiratory protection) (standing) (Ex. DUT-FED-004)	/library/DUT-FED-004	/exhibit/DUT-FED-004
Ex. DUT-FED-005	29 C.F.R. 1910.141 (sanitation)	Occupational Safety and Health Administration	standing	Occupational Safety and Health Administration, 29 C.F.R. 1910.141 (sanitation) (standing) (Ex. DUT-FED-005)	/library/DUT-FED-005	/exhibit/DUT-FED-005
Ex. DUT-FED-006	29 C.F.R. part 1904 (recording and reporting occupational injuries and illnesses), §§ 1904.4, 1904.5, 1904.7, 1904.39	Occupational Safety and Health Administration	standing	Occupational Safety and Health Administration, 29 C.F.R. part 1904 (recording and reporting occupational injuries and illnesses), §§ 1904.4, 1904.5, 1904.7, 1904.39 (standing) (Ex. DUT-FED-006)	/library/DUT-FED-006	/exhibit/DUT-FED-006
Ex. DUT-FED-007	29 C.F.R. 1910.1030 (bloodborne pathogens)	Occupational Safety and Health Administration	standing	Occupational Safety and Health Administration, 29 C.F.R. 1910.1030 (bloodborne pathogens) (standing) (Ex. DUT-FED-007)	/library/DUT-FED-007	/exhibit/DUT-FED-007
Ex. DUT-FED-008	29 C.F.R. part 1977 (discrimination against employees exercising rights under the OSH Act), § 1977.12(b)(2)	Occupational Safety and Health Administration (interpretive regulations under OSH Act § 11(c))	standing	Occupational Safety and Health Administration (interpretive regulations under OSH Act § 11(c)), 29 C.F.R. part 1977 (discrimination against employees exercising rights under the OSH Act), § 1977.12(b)(2) (standing) (Ex. DUT-FED-008)	/library/DUT-FED-008	/exhibit/DUT-FED-008
Ex. DUT-FED-009	OSHA COVID-19 'Standards' page (statement of the general duty clause and the standing standards applicable to SARS-CoV-2)	Occupational Safety and Health Administration (agency web publication, COVID-19 Safety and Health Topics, 'Standards')	standing	Occupational Safety and Health Administration (agency web publication, COVID-19 Safety and Health Topics, 'Standards'), OSHA COVID-19 'Standards' page (statement of the general duty clause and the standing standards applicable to SARS-CoV-2) (standing) (Ex. DUT-FED-009)	/library/DUT-FED-009	/exhibit/DUT-FED-009
Ex. DUT-FED-010	Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (posted Jan. 29, 2021)	Occupational Safety and Health Administration (issued under Executive Order 13999 § 2(a))	standing	Occupational Safety and Health Administration (issued under Executive Order 13999 § 2(a)), Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (posted Jan. 29, 2021) (Ex. DUT-FED-010)	/library/DUT-FED-010	/exhibit/DUT-FED-010
Ex. DUT-FED-011	Protecting Workers guidance, as updated August 13, 2021	Occupational Safety and Health Administration	standing	Occupational Safety and Health Administration, Protecting Workers guidance, as updated August 13, 2021 (Aug. 13, 2021) (Ex. DUT-FED-011)	/library/DUT-FED-011	/exhibit/DUT-FED-011
Ex. DUT-FED-013	Guidance on Returning to Work (OSHA 4045, June 2020)	Occupational Safety and Health Administration	standing	Occupational Safety and Health Administration, Guidance on Returning to Work (OSHA 4045, June 2020) (June 17, 2020) (Ex. DUT-FED-013)	/library/DUT-FED-013	/exhibit/DUT-FED-013
Ex. DUT-FED-015	Citation and Notification of Penalty, Smithfield Packaged Meats Corp., Sioux Falls, SD (general duty clause, one serious violation)	OSHA, Sioux Falls Area Office (enforcement record: inspection detail, Inspection No. 1472736)	standing	OSHA, Sioux Falls Area Office (enforcement record: inspection detail, Inspection No. 1472736), Citation and Notification of Penalty, Smithfield Packaged Meats Corp., Sioux Falls, SD (general duty clause, one serious violation) (Sept. 9, 2020) (Ex. DUT-FED-015)	/library/DUT-FED-015	/exhibit/DUT-FED-015
Ex. DUT-FED-016	Citation and Notification of Penalty, JBS Foods Inc. (Swift Beef Co.), Greeley, CO (general duty clause, serious; plus other-than-serious)	OSHA, Denver Area Office (Inspection No. 1475131)	standing	OSHA, Denver Area Office (Inspection No. 1475131), Citation and Notification of Penalty, JBS Foods Inc. (Swift Beef Co.), Greeley, CO (general duty clause, serious; plus other-than-serious) (Sept. 11, 2020) (Ex. DUT-FED-016)	/library/DUT-FED-016	/exhibit/DUT-FED-016
Ex. DUT-FED-017	Citation, Midwest Warehouse and Distribution System Inc., Naperville, IL (general duty clause)	OSHA, Naperville/Chicago North Area Office (Inspection No. 1501560)	standing	OSHA, Naperville/Chicago North Area Office (Inspection No. 1501560), Citation, Midwest Warehouse and Distribution System Inc., Naperville, IL (general duty clause) (Apr. 22, 2021) (Ex. DUT-FED-017)	/library/DUT-FED-017	/exhibit/DUT-FED-017
Ex. DUT-FED-018	Citation, Somerset Dental Group, Glastonbury, CT (respiratory protection)	OSHA, Hartford Area Office (Inspection No. 1505094)	standing	OSHA, Hartford Area Office (Inspection No. 1505094), Citation, Somerset Dental Group, Glastonbury, CT (respiratory protection) (Apr. 15, 2021) (Ex. DUT-FED-018)	/library/DUT-FED-018	/exhibit/DUT-FED-018
Ex. DUT-FED-019	Citation, Wintonbury Care Center, Bloomfield, CT (respiratory protection; reporting)	OSHA, Hartford Area Office (Inspection No. 1472908)	standing	OSHA, Hartford Area Office (Inspection No. 1472908), Citation, Wintonbury Care Center, Bloomfield, CT (respiratory protection; reporting) (Oct. 9, 2020) (Ex. DUT-FED-019)	/library/DUT-FED-019	/exhibit/DUT-FED-019
Ex. DUT-FED-020	Common COVID-19 Citations: Helping Employers Better Protect Workers and Comply with OSHA Regulations (Nov. 2020)	Occupational Safety and Health Administration	standing	Occupational Safety and Health Administration, Common COVID-19 Citations: Helping Employers Better Protect Workers and Comply with OSHA Regulations (Nov. 2020) (standing) (Ex. DUT-FED-020)	/library/DUT-FED-020	/exhibit/DUT-FED-020
Ex. DUT-FED-021	Citation, Hackensack Meridian Health Jersey Shore University Medical Center, Neptune, NJ (respiratory protection; recordkeeping)	OSHA, Avenel Area Office (Inspection No. 1480762)	standing	OSHA, Avenel Area Office (Inspection No. 1480762), Citation, Hackensack Meridian Health Jersey Shore University Medical Center, Neptune, NJ (respiratory protection; recordkeeping) (Dec. 8, 2020) (Ex. DUT-FED-021)	/library/DUT-FED-021	/exhibit/DUT-FED-021
Ex. DUT-FED-022	Citation, United States Postal Service, Washington, DC (general duty clause)	OSHA, Baltimore/Washington Area Office (Inspection No. 1522210)	standing	OSHA, Baltimore/Washington Area Office (Inspection No. 1522210), Citation, United States Postal Service, Washington, DC (general duty clause) (Apr. 20, 2021) (Ex. DUT-FED-022)	/library/DUT-FED-022	/exhibit/DUT-FED-022
Ex. DUT-FED-023	42 C.F.R. 483.80 (infection control; COVID-19 reporting; COVID-19 testing)	Centers for Medicare & Medicaid Services (condition of participation for long-term care facilities)	standing	Centers for Medicare & Medicaid Services (condition of participation for long-term care facilities), 42 C.F.R. 483.80 (infection control; COVID-19 reporting; COVID-19 testing) (standing) (Ex. DUT-FED-023)	/library/DUT-FED-023	/exhibit/DUT-FED-023
Ex. DUT-FED-024	42 C.F.R. 482.42 (hospital infection prevention and control and antibiotic stewardship programs; COVID-19 reporting)	Centers for Medicare & Medicaid Services (hospital condition of participation)	standing	Centers for Medicare & Medicaid Services (hospital condition of participation), 42 C.F.R. 482.42 (hospital infection prevention and control and antibiotic stewardship programs; COVID-19 reporting) (standing) (Ex. DUT-FED-024)	/library/DUT-FED-024	/exhibit/DUT-FED-024
Ex. DUT-FED-025	42 U.S.C. 247d-6d (PREP Act targeted liability protections)	Congress (Public Readiness and Emergency Preparedness Act, Pub. L. 109-148, div. C, § 2 (2005), as amended by the CARES Act § 3103)	standing	Congress (Public Readiness and Emergency Preparedness Act, Pub. L. 109-148, div. C, § 2 (2005), as amended by the CARES Act § 3103), 42 U.S.C. 247d-6d (PREP Act targeted liability protections) (standing) (Ex. DUT-FED-025)	/library/DUT-FED-025	/exhibit/DUT-FED-025
Ex. DUT-FED-026	Advisory Opinion 20-04 on the Public Readiness and Emergency Preparedness Act and the Secretary's Declaration under the Act (Oct. 22, 2020, as modified Oct. 23…	Department of Health and Human Services, Office of the General Counsel (Robert P. Charrow, General Counsel)	standing	Department of Health and Human Services, Office of the General Counsel (Robert P. Charrow, General Counsel), Advisory Opinion 20-04 on the Public Readiness and Emergency Preparedness Act and the Secretary's Declaration under the Act (Oct. 22, 2020, as modified Oct. 23, 2020) (standing) (Ex. DUT-FED-026)	/library/DUT-FED-026	/exhibit/DUT-FED-026
Ex. DUT-FED-027	Fourth Amendment to the Declaration Under the PREP Act for Medical Countermeasures Against COVID-19 and Republication of the Declaration, 85 Fed. Reg. 79190	Secretary of Health and Human Services (Alex M. Azar II)	standing	Secretary of Health and Human Services (Alex M. Azar II), Fourth Amendment to the Declaration Under the PREP Act for Medical Countermeasures Against COVID-19 and Republication of the Declaration, 85 Fed. Reg. 79190 (Dec. 3, 2020) (Ex. DUT-FED-027)	/library/DUT-FED-027	/exhibit/DUT-FED-027
Ex. DUT-FED-029	Safety Alert for Operators (SAFO) 20009, COVID-19: Updated Interim Occupational Health and Safety Guidance for Air Carriers and Crews	Federal Aviation Administration, Flight Standards Service (with the CDC)	standing	Federal Aviation Administration, Flight Standards Service (with the CDC), Safety Alert for Operators (SAFO) 20009, COVID-19: Updated Interim Occupational Health and Safety Guidance for Air Carriers and Crews (Apr. 17, 2020) (Ex. DUT-FED-029)	/library/DUT-FED-029	/exhibit/DUT-FED-029
Ex. DUT-FED-030	What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (technical assistance Q&A, as updated Sept. 8, 2020)	Equal Employment Opportunity Commission (technical assistance)	standing	Equal Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (technical assistance Q&A, as updated Sept. 8, 2020) (Ex. DUT-FED-030)	/library/DUT-FED-030	/exhibit/DUT-FED-030
Ex. DUT-FED-031	42 U.S.C. 12113 (ADA defenses; direct threat)	Congress (Americans with Disabilities Act § 103)	standing	Congress (Americans with Disabilities Act § 103), 42 U.S.C. 12113 (ADA defenses; direct threat) (standing) (Ex. DUT-FED-031)	/library/DUT-FED-031	/exhibit/DUT-FED-031
Ex. DUT-FED-032	29 C.F.R. 1630.2(r) (definition of direct threat)	Equal Employment Opportunity Commission (regulation)	standing	Equal Employment Opportunity Commission (regulation), 29 C.F.R. 1630.2(r) (definition of direct threat) (standing) (Ex. DUT-FED-032)	/library/DUT-FED-032	/exhibit/DUT-FED-032
Ex. DUT-FED-033	29 C.F.R. 1630.15 (defenses; direct threat as a qualification standard)	Equal Employment Opportunity Commission (regulation)	standing	Equal Employment Opportunity Commission (regulation), 29 C.F.R. 1630.15 (defenses; direct threat as a qualification standard) (standing) (Ex. DUT-FED-033)	/library/DUT-FED-033	/exhibit/DUT-FED-033
Ex. DUT-FED-034	Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19) (as revised March 21, 2020)	Centers for Disease Control and Prevention	standing	Centers for Disease Control and Prevention, Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19) (as revised March 21, 2020) (Mar. 21, 2020) (Ex. DUT-FED-034)	/library/DUT-FED-034	/exhibit/DUT-FED-034
Ex. DUT-FED-035	Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020 (as revised May 6, 2020)	Centers for Disease Control and Prevention	standing	Centers for Disease Control and Prevention, Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020 (as revised May 6, 2020) (Ex. DUT-FED-035)	/library/DUT-FED-035	/exhibit/DUT-FED-035
Ex. DUT-FED-037	Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Relating to COVID-19), March 18, 2020	Federal Motor Carrier Safety Administration (Jim Mullen, Acting Administrator)	standing	Federal Motor Carrier Safety Administration (Jim Mullen, Acting Administrator), Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Relating to COVID-19), March 18, 2020 (Mar. 18, 2020) (Ex. DUT-FED-037)	/library/DUT-FED-037	/exhibit/DUT-FED-037
Ex. DUT-FED-060	Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the Coronavirus Disease 2019 (COVID-19) Pandemic (updated July 15…	Centers for Disease Control and Prevention	standing	Centers for Disease Control and Prevention, Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the Coronavirus Disease 2019 (COVID-19) Pandemic (updated July 15, 2020) (Ex. DUT-FED-060)	/library/DUT-FED-060	/exhibit/DUT-FED-060
Ex. DUT-FED-061	Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and the Occupational Safety and Health Administration (OSHA) (Apr. 26, 2020)	Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint)	standing	Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint), Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and the Occupational Safety and Health Administration (OSHA) (Apr. 26, 2020) (Ex. DUT-FED-061)	/library/DUT-FED-061	/exhibit/DUT-FED-061
Ex. DUT-FED-062	Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA (updated July 9, 2020)	Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint)	standing	Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint), Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA (updated July 9, 2020) (Ex. DUT-FED-062)	/library/DUT-FED-062	/exhibit/DUT-FED-062
Ex. DUT-FED-063	Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed…	Centers for Disease Control and Prevention	standing	Centers for Disease Control and Prevention, Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed COVID-19 (Apr. 8, 2020) (Ex. DUT-FED-063)	/library/DUT-FED-063	/exhibit/DUT-FED-063
Ex. DUT-FED-064	Considerations for Restaurants and Bars (updated May 27, 2020)	Centers for Disease Control and Prevention	standing	Centers for Disease Control and Prevention, Considerations for Restaurants and Bars (updated May 27, 2020) (Ex. DUT-FED-064)	/library/DUT-FED-064	/exhibit/DUT-FED-064
Ex. DUT-FED-065	Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Mar. 13, 2020)	Federal Motor Carrier Safety Administration	standing	Federal Motor Carrier Safety Administration, Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Mar. 13, 2020) (Ex. DUT-FED-065)	/library/DUT-FED-065	/exhibit/DUT-FED-065
Ex. DUT-FED-066	News release, U.S. Department of Labor Reminds Employers That They Cannot Retaliate Against Workers Reporting Unsafe Conditions During Coronavirus Pandemic…	Occupational Safety and Health Administration (Principal Deputy Assistant Secretary Loren Sweatt), national news release	standing	Occupational Safety and Health Administration (Principal Deputy Assistant Secretary Loren Sweatt), national news release, News release, U.S. Department of Labor Reminds Employers That They Cannot Retaliate Against Workers Reporting Unsafe Conditions During Coronavirus Pandemic (Apr. 8, 2020) (standing) (Ex. DUT-FED-066)	/library/DUT-FED-066	/exhibit/DUT-FED-066
Ex. DUT-FED-067	News release, U.S. Department of Labor's OSHA Announces $3,930,381 In Coronavirus Violations (Jan. 8, 2021)	Occupational Safety and Health Administration, national news release	standing	Occupational Safety and Health Administration, national news release, News release, U.S. Department of Labor's OSHA Announces $3,930,381 In Coronavirus Violations (Jan. 8, 2021) (Ex. DUT-FED-067)	/library/DUT-FED-067	/exhibit/DUT-FED-067
Ex. DUT-FED-069	News release, US Department of Labor cites insurance agency for exposing workers to coronavirus at Denver location where employee died with COVID-19 (Fred Loya…	Occupational Safety and Health Administration, Region 8 (Denver Area Office; Area Director Amanda Kupper)	standing	Occupational Safety and Health Administration, Region 8 (Denver Area Office; Area Director Amanda Kupper), News release, US Department of Labor cites insurance agency for exposing workers to coronavirus at Denver location where employee died with COVID-19 (Fred Loya Insurance Agency Inc.; Inspection No. 1528139; citation Oct. 1, 2021) (Oct. 7, 2021) (Ex. DUT-FED-069)	/library/DUT-FED-069	/exhibit/DUT-FED-069
Ex. DUT-FED-070	What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated Dec. 16, 2020, adding Section K on vaccinations)	Equal Employment Opportunity Commission (technical assistance)	standing	Equal Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated Dec. 16, 2020, adding Section K on vaccinations) (Ex. DUT-FED-070)	/library/DUT-FED-070	/exhibit/DUT-FED-070
Ex. DUT-FED-071	What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated May 28, 2021, revising Section K)	Equal Employment Opportunity Commission (technical assistance)	standing	Equal Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated May 28, 2021, revising Section K) (Ex. DUT-FED-071)	/library/DUT-FED-071	/exhibit/DUT-FED-071
Ex. DUT-FED-072	Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (as updated June 10, 2021)	Occupational Safety and Health Administration	standing	Occupational Safety and Health Administration, Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (as updated June 10, 2021) (Ex. DUT-FED-072)	/library/DUT-FED-072	/exhibit/DUT-FED-072
Ex. DUT-FED-073	Secretary of Labor v. Ariana Murrell-Rosario d/b/a Liberty Tax Service, OSHRC Docket No. 21-0432, Decision and Order (June 6, 2022)	Occupational Safety and Health Review Commission, Chief Administrative Law Judge Covette Rooney	standing	Occupational Safety and Health Review Commission, Chief Administrative Law Judge Covette Rooney, Secretary of Labor v. Ariana Murrell-Rosario d/b/a Liberty Tax Service, OSHRC Docket No. 21-0432, Decision and Order (June 6, 2022) (Ex. DUT-FED-073)	/library/DUT-FED-073	/exhibit/DUT-FED-073
Ex. FED-001	Proclamation 9994	President Donald J. Trump	Mar. 13, 2020	President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)	/library/FED-001	/exhibit/FED-001
Ex. FED-006	Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per…	President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator)	Mar. 13, 2020	President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator), Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per State and territory, all dated March 13, 2020) (Mar. 13, 2020) (Ex. FED-006)	/library/FED-006	/exhibit/FED-006
Ex. FED-007	Memorandum of January 21, 2021	President Joseph R. Biden, Jr. (memorandum to the Secretary of Defense and the Secretary of Homeland Security)	Jan. 21, 2021	President Joseph R. Biden, Jr. (memorandum to the Secretary of Defense and the Secretary of Homeland Security), Memorandum of January 21, 2021 (Jan. 21, 2021) (Ex. FED-007)	/library/FED-007	/exhibit/FED-007
Ex. FED-008	Memorandum of February 2, 2021	President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator)	Feb. 2, 2021	President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator), Memorandum of February 2, 2021 (Feb. 2, 2021) (Ex. FED-008)	/library/FED-008	/exhibit/FED-008
Ex. FED-009	Memorandum of August 17, 2021	President Joseph R. Biden, Jr.	Aug. 17, 2021	President Joseph R. Biden, Jr, Memorandum of August 17, 2021 (Aug. 17, 2021) (Ex. FED-009)	/library/FED-009	/exhibit/FED-009
Ex. FED-010	Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus	Alex M. Azar II, Secretary of Health and Human Services	Jan. 31, 2020	Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010)	/library/FED-010	/exhibit/FED-010
Ex. FED-015	Renewal of Determination that a Public Health Emergency Exists (April 15, 2021)	Xavier Becerra, Secretary of HHS	Apr. 15, 2021	Xavier Becerra, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (April 15, 2021) (Apr. 15, 2021) (Ex. FED-015)	/library/FED-015	/exhibit/FED-015
Ex. FED-016	Renewal of Determination that a Public Health Emergency Exists (July 19, 2021)	Xavier Becerra, Secretary of HHS	July 19, 2021	Xavier Becerra, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (July 19, 2021) (Ex. FED-016)	/library/FED-016	/exhibit/FED-016
Ex. FED-020	CDC Order, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021; effective Feb. 1, 2021)	Centers for Disease Control and Prevention, HHS (order signed by the CDC Director Jan. 29, 2021)	Jan. 29, 2021	Centers for Disease Control and Prevention, HHS (order signed by the CDC Director Jan. 29, 2021), CDC Order, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021; effective Feb. 1, 2021) (Jan. 29, 2021) (Ex. FED-020)	/library/FED-020	/exhibit/FED-020
Ex. FED-025	CDC Order extending the Temporary Halt in Residential Evictions (June 24, 2021)	Centers for Disease Control and Prevention, HHS	June 24, 2021	Centers for Disease Control and Prevention, HHS, CDC Order extending the Temporary Halt in Residential Evictions (June 24, 2021) (Ex. FED-025)	/library/FED-025	/exhibit/FED-025
Ex. FED-026	CDC Order: Temporary Halt in Residential Evictions in Communities With Substantial or High Transmission of COVID-19	Centers for Disease Control and Prevention, HHS	Aug. 3, 2021	Centers for Disease Control and Prevention, HHS, CDC Order: Temporary Halt in Residential Evictions in Communities With Substantial or High Transmission of COVID-19 (Aug. 3, 2021) (Ex. FED-026)	/library/FED-026	/exhibit/FED-026
Ex. FED-031	CDC Framework for Conditional Sailing Order	Centers for Disease Control and Prevention, HHS	Oct. 30, 2020	Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031)	/library/FED-031	/exhibit/FED-031
Ex. FED-032	Notice: Conditional Sailing Order Technical Instructions and Operations Manual	Centers for Disease Control and Prevention, HHS	May 5, 2021	Centers for Disease Control and Prevention, HHS, Notice: Conditional Sailing Order Technical Instructions and Operations Manual (May 5, 2021) (Ex. FED-032)	/library/FED-032	/exhibit/FED-032
Ex. FED-034	CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order')	Centers for Disease Control and Prevention, HHS (CDC Director)	Mar. 20, 2020	Centers for Disease Control and Prevention, HHS (CDC Director), CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order') (Mar. 20, 2020) (Ex. FED-034)	/library/FED-034	/exhibit/FED-034
Ex. FED-037	CDC Order Suspending the Right To Introduce Certain Persons From Countries Where a Quarantinable Communicable Disease Exists (Oct. 13, 2020)	Centers for Disease Control and Prevention, HHS	Oct. 13, 2020	Centers for Disease Control and Prevention, HHS, CDC Order Suspending the Right To Introduce Certain Persons From Countries Where a Quarantinable Communicable Disease Exists (Oct. 13, 2020) (Ex. FED-037)	/library/FED-037	/exhibit/FED-037
Ex. FED-038	Public Health Reassessment and Order Suspending the Right To Introduce Certain Persons (Aug. 2, 2021)	Centers for Disease Control and Prevention, HHS	Aug. 2, 2021	Centers for Disease Control and Prevention, HHS, Public Health Reassessment and Order Suspending the Right To Introduce Certain Persons (Aug. 2, 2021) (Ex. FED-038)	/library/FED-038	/exhibit/FED-038
Ex. FED-042	CDC Amended Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery From COVID-19 for All Airline or Other Aircraft…	Centers for Disease Control and Prevention, HHS (signed Jan. 25, 2021 by the Acting CDC Chief of Staff; dated Jan. 26, 2021)	Jan. 25, 2021	Centers for Disease Control and Prevention, HHS (signed Jan. 25, 2021 by the Acting CDC Chief of Staff; dated Jan. 26, 2021), CDC Amended Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery From COVID-19 for All Airline or Other Aircraft Passengers Arriving Into the United States From Any Foreign Country (Jan. 25, 2021) (Ex. FED-042)	/library/FED-042	/exhibit/FED-042
Ex. FED-051	Security Directive SD 1582/84-21-01A, Security Measures - Mask Requirements	Transportation Security Administration, DHS	Apr. 30, 2021	Transportation Security Administration, DHS, Security Directive SD 1582/84-21-01A, Security Measures - Mask Requirements (Apr. 30, 2021) (Ex. FED-051)	/library/FED-051	/exhibit/FED-051
Ex. FED-052	Security Directive SD 1582/84-21-01B, Security Measures - Mask Requirements	Transportation Security Administration, DHS	Aug. 20, 2021	Transportation Security Administration, DHS, Security Directive SD 1582/84-21-01B, Security Measures - Mask Requirements (Aug. 20, 2021) (Ex. FED-052)	/library/FED-052	/exhibit/FED-052
Ex. FED-053	TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD…	Transportation Security Administration, DHS	Jan. 31, 2021	Transportation Security Administration, DHS, TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD 1542-21-01 (airports) (Jan. 31, 2021); ratification 86 Fed. Reg. 26825 (Ex. FED-053)	/library/FED-053	/exhibit/FED-053
Ex. FED-056	Notification of Ratification of Security Directives and Emergency Amendment (TSA SD 1542-21-01, SD 1544-21-02, EA 1546-21-01)	Department of Homeland Security, Office of Strategy, Policy, and Plans; Transportation Security Oversight Board	Apr. 20, 2021	Department of Homeland Security, Office of Strategy, Policy, and Plans; Transportation Security Oversight Board, Notification of Ratification of Security Directives and Emergency Amendment (TSA SD 1542-21-01, SD 1544-21-02, EA 1546-21-01) (Apr. 20, 2021) (Ex. FED-056)	/library/FED-056	/exhibit/FED-056
Ex. FED-057	Determination of a National Emergency Requiring Actions To Protect the Safety of Americans Using and Employed by the Transportation System (Jan. 27, 2021)	Acting Secretary of Homeland Security David P. Pekoske	Jan. 27, 2021	Acting Secretary of Homeland Security David P. Pekoske, Determination of a National Emergency Requiring Actions To Protect the Safety of Americans Using and Employed by the Transportation System (Jan. 27, 2021) (Ex. FED-057)	/library/FED-057	/exhibit/FED-057
Ex. FED-060	Executive Order 13991	President Joseph R. Biden, Jr.	Jan. 20, 2021	President Joseph R. Biden, Jr, Executive Order 13991 (Jan. 20, 2021) (Ex. FED-060)	/library/FED-060	/exhibit/FED-060
Ex. FED-062	Executive Order 13999	President Joseph R. Biden, Jr.	Jan. 21, 2021	President Joseph R. Biden, Jr, Executive Order 13999 (Jan. 21, 2021) (Ex. FED-062)	/library/FED-062	/exhibit/FED-062
Ex. FED-063	Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and…	President Joseph R. Biden, Jr.	Sept. 9, 2021	President Joseph R. Biden, Jr, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Ex. FED-063)	/library/FED-063	/exhibit/FED-063
Ex. FED-064	Executive Order 14043	President Joseph R. Biden, Jr.	Sept. 9, 2021	President Joseph R. Biden, Jr, Executive Order 14043 (Sept. 9, 2021) (Ex. FED-064)	/library/FED-064	/exhibit/FED-064
Ex. FED-070	Executive Order 13909	President Donald J. Trump	Mar. 18, 2020	President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)	/library/FED-070	/exhibit/FED-070
Ex. FED-071	Executive Order 13910	President Donald J. Trump	Mar. 23, 2020	President Donald J. Trump, Executive Order 13910 (Mar. 23, 2020) (Ex. FED-071)	/library/FED-071	/exhibit/FED-071
Ex. FED-074	Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures	Secretary of Health and Human Services	Mar. 25, 2020	Secretary of Health and Human Services, Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures (Mar. 25, 2020) (Ex. FED-074)	/library/FED-074	/exhibit/FED-074
Ex. FED-080	Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021)	Occupational Safety and Health Administration, U.S. Department of Labor	June 21, 2021	Occupational Safety and Health Administration, U.S. Department of Labor, Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021) (Ex. FED-080)	/library/FED-080	/exhibit/FED-080
Ex. FED-081	DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 ETS (June 28, 2021)	OSHA, Directorate of Enforcement Programs	June 28, 2021	OSHA, Directorate of Enforcement Programs, DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 ETS (June 28, 2021) (Ex. FED-081)	/library/FED-081	/exhibit/FED-081
Ex. FED-082	DIR 2021-01 (CPL 03), National Emphasis Program - COVID-19 (Mar. 12, 2021)	OSHA, Directorate of Enforcement Programs	Mar. 12, 2021	OSHA, Directorate of Enforcement Programs, DIR 2021-01 (CPL 03), National Emphasis Program - COVID-19 (Mar. 12, 2021) (Ex. FED-082)	/library/FED-082	/exhibit/FED-082
Ex. FED-083	DIR 2021-03 (CPL 03), Revised National Emphasis Program - COVID-19 (July 7, 2021)	OSHA, Directorate of Enforcement Programs	July 7, 2021	OSHA, Directorate of Enforcement Programs, DIR 2021-03 (CPL 03), Revised National Emphasis Program - COVID-19 (July 7, 2021) (Ex. FED-083)	/library/FED-083	/exhibit/FED-083
Ex. FED-084	Updated Interim Enforcement Response Plans (Mar. 12, 2021; July 7, 2021)	OSHA (memorandum for Regional Administrators and State Plan Designees)	July 7, 2021	OSHA (memorandum for Regional Administrators and State Plan Designees), Updated Interim Enforcement Response Plans (Mar. 12, 2021; July 7, 2021) (Ex. FED-084)	/library/FED-084	/exhibit/FED-084
Ex. FED-090	CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule with…	Centers for Medicare & Medicaid Services, HHS	Mar. 30, 2020	Centers for Medicare & Medicaid Services, HHS, CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule with comment period) (Mar. 30, 2020) (Ex. FED-090)	/library/FED-090	/exhibit/FED-090
Ex. FED-094	CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH	Centers for Medicare & Medicaid Services, HHS	May 13, 2021	Centers for Medicare & Medicaid Services, HHS, CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH (Ex. FED-094)	/library/FED-094	/exhibit/FED-094
Ex. FED-096	CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020)	CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group	Mar. 4, 2020	CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)	/library/FED-096	/exhibit/FED-096
Ex. FED-098	QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs)	CMS, Quality, Safety & Oversight Group	Mar. 10, 2020	CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)	/library/FED-098	/exhibit/FED-098
Ex. FED-099	CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)	CMS, Quality, Safety & Oversight Group	Mar. 23, 2020	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-099)	/library/FED-099	/exhibit/FED-099
Ex. FED-100	FEMA-4503-DR, Major Disaster Declaration for Alabama (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 29, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4503-DR, Major Disaster Declaration for Alabama (COVID-19 Pandemic) (Mar. 29, 2020) (Ex. FED-100)	/library/FED-100	/exhibit/FED-100
Ex. FED-104	FEMA-4482-DR, Major Disaster Declaration for California (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 22, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4482-DR, Major Disaster Declaration for California (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-104)	/library/FED-104	/exhibit/FED-104
Ex. FED-109	FEMA-4486-DR, Major Disaster Declaration for Florida (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 25, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4486-DR, Major Disaster Declaration for Florida (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-109)	/library/FED-109	/exhibit/FED-109
Ex. FED-113	FEMA-4489-DR, Major Disaster Declaration for Illinois (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 26, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4489-DR, Major Disaster Declaration for Illinois (COVID-19 Pandemic) (Mar. 26, 2020) (Ex. FED-113)	/library/FED-113	/exhibit/FED-113
Ex. FED-115	FEMA-4483-DR, Major Disaster Declaration for Iowa (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 23, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4483-DR, Major Disaster Declaration for Iowa (COVID-19 Pandemic) (Mar. 23, 2020) (Ex. FED-115)	/library/FED-115	/exhibit/FED-115
Ex. FED-118	FEMA-4484-DR, Major Disaster Declaration for Louisiana (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 24, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4484-DR, Major Disaster Declaration for Louisiana (COVID-19 Pandemic) (Mar. 24, 2020) (Ex. FED-118)	/library/FED-118	/exhibit/FED-118
Ex. FED-130	FEMA-4488-DR, Major Disaster Declaration for New Jersey (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 25, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4488-DR, Major Disaster Declaration for New Jersey (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-130)	/library/FED-130	/exhibit/FED-130
Ex. FED-132	FEMA-4480-DR, Major Disaster Declaration for New York (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 20, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4480-DR, Major Disaster Declaration for New York (COVID-19 Pandemic) (Mar. 20, 2020) (Ex. FED-132)	/library/FED-132	/exhibit/FED-132
Ex. FED-133	FEMA-4487-DR, Major Disaster Declaration for North Carolina (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 25, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4487-DR, Major Disaster Declaration for North Carolina (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-133)	/library/FED-133	/exhibit/FED-133
Ex. FED-143	FEMA-4485-DR, Major Disaster Declaration for Texas (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 25, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4485-DR, Major Disaster Declaration for Texas (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-143)	/library/FED-143	/exhibit/FED-143
Ex. FED-147	FEMA-4481-DR, Major Disaster Declaration for Washington (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 22, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4481-DR, Major Disaster Declaration for Washington (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-147)	/library/FED-147	/exhibit/FED-147
Ex. FED-150	FEMA-4535-DR, Major Disaster Declaration for Wyoming (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Apr. 11, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4535-DR, Major Disaster Declaration for Wyoming (COVID-19 Pandemic) (Apr. 11, 2020) (Ex. FED-150)	/library/FED-150	/exhibit/FED-150
Ex. FED-156	QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3)	CMS, Quality, Safety & Oversight Group	Apr. 27, 2021	CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3) (Ex. FED-156)	/library/FED-156	/exhibit/FED-156
Ex. FED-160	COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021)	Centers for Medicare & Medicaid Services, HHS	Mar. 13, 2020	Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)	/library/FED-160	/exhibit/FED-160
Ex. FED-161	QSO-20-29-NH and CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020): 42 C.F.R. 483.80(g) reporting	CMS, Quality, Safety & Oversight Group	May 6, 2020	CMS, Quality, Safety & Oversight Group, QSO-20-29-NH and CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020): 42 C.F.R. 483.80(g) reporting (May 6, 2020) (Ex. FED-161)	/library/FED-161	/exhibit/FED-161
Ex. FED-163	CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH	CMS, Quality, Safety & Oversight Group	May 11, 2021	CMS, Quality, Safety & Oversight Group, CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH (May 11, 2021) (Ex. FED-163)	/library/FED-163	/exhibit/FED-163
Ex. FED-165	CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)	CMS, Quality, Safety & Oversight Group	June 1, 2020	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-165)	/library/FED-165	/exhibit/FED-165
Ex. FED-166	CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)	CMS, Quality, Safety & Oversight Group	Aug. 17, 2020	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-166)	/library/FED-166	/exhibit/FED-166
Ex. FED-168	CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through…	CMS, Quality, Safety & Oversight Group	Aug. 26, 2020	CMS, Quality, Safety & Oversight Group, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-168)	/library/FED-168	/exhibit/FED-168
Ex. FED-180	Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020)	Secretary of Health and Human Services	Mar. 10, 2020	Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)	/library/FED-180	/exhibit/FED-180
Ex. FED-181	Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for…	Secretary of Health and Human Services	Feb. 4, 2020	Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)	/library/FED-181	/exhibit/FED-181
Ex. FED-182	Emergency Use Declaration: personal respiratory protective devices	Secretary of Health and Human Services	Mar. 2, 2020	Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)	/library/FED-182	/exhibit/FED-182
Ex. FED-183	Emergency Use Authorization Declaration: medical devices, including alternative products used as medical devices	Secretary of Health and Human Services	Mar. 24, 2020	Secretary of Health and Human Services, Emergency Use Authorization Declaration: medical devices, including alternative products used as medical devices (Mar. 24, 2020) (Ex. FED-183)	/library/FED-183	/exhibit/FED-183
Ex. FED-184	Emergency Use Authorization Declaration: drugs and biological products	Secretary of Health and Human Services	Mar. 27, 2020	Secretary of Health and Human Services, Emergency Use Authorization Declaration: drugs and biological products (Mar. 27, 2020) (Ex. FED-184)	/library/FED-184	/exhibit/FED-184
Ex. FED-194	Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency	HHS Office for Civil Rights	Mar. 17, 2020	HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194)	/library/FED-194	/exhibit/FED-194
Ex. FED-200	Proclamation 9984	President Donald J. Trump	Jan. 31, 2020	President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)	/library/FED-200	/exhibit/FED-200
Ex. FED-201	Proclamation 9992	President Donald J. Trump	Feb. 29, 2020	President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)	/library/FED-201	/exhibit/FED-201
Ex. FED-207	Proclamation 10143	President Joseph R. Biden, Jr.	Jan. 25, 2021	President Joseph R. Biden, Jr, Proclamation 10143 (Jan. 25, 2021) (Ex. FED-207)	/library/FED-207	/exhibit/FED-207
Ex. FED-208	Proclamation 10199	President Joseph R. Biden, Jr.	Apr. 30, 2021	President Joseph R. Biden, Jr, Proclamation 10199 (Apr. 30, 2021) (Ex. FED-208)	/library/FED-208	/exhibit/FED-208
Ex. FED-209	Proclamation 10294	President Joseph R. Biden, Jr.	Oct. 25, 2021	President Joseph R. Biden, Jr, Proclamation 10294 (Oct. 25, 2021) (Ex. FED-209)	/library/FED-209	/exhibit/FED-209
Ex. FED-232	Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 32764 (June 23, 2021)	DHS (Secretary Alejandro N. Mayorkas)	June 23, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 32764 (June 23, 2021) (Ex. FED-232)	/library/FED-232	/exhibit/FED-232
Ex. FED-235	Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 52609 (Sept. 22, 2021)	DHS (Secretary Alejandro N. Mayorkas)	Sept. 22, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 52609 (Sept. 22, 2021) (Ex. FED-235)	/library/FED-235	/exhibit/FED-235
Ex. FED-255	Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 32766 (June 23, 2021)	DHS (Secretary Alejandro N. Mayorkas)	June 23, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 32766 (June 23, 2021) (Ex. FED-255)	/library/FED-255	/exhibit/FED-255
Ex. FED-258	Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 52611 (Sept. 22, 2021)	DHS (Secretary Alejandro N. Mayorkas)	Sept. 22, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 52611 (Sept. 22, 2021) (Ex. FED-258)	/library/FED-258	/exhibit/FED-258
Ex. FED-270	Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and…	Office of Management and Budget (Executive Associate Director Aviva Aron-Dine) with the Safer Federal Workforce Task Force	Jan. 24, 2021	Office of Management and Budget (Executive Associate Director Aviva Aron-Dine) with the Safer Federal Workforce Task Force, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Jan. 24, 2021) (Ex. FED-270)	/library/FED-270	/exhibit/FED-270
Ex. FED-271	OMB Memorandum M-21-25	Office of Management and Budget, Office of Personnel Management and General Services Administration	June 10, 2021	Office of Management and Budget, Office of Personnel Management and General Services Administration, OMB Memorandum M-21-25 (June 10, 2021) (Ex. FED-271)	/library/FED-271	/exhibit/FED-271
Ex. FED-272	COVID-19 Workplace Safety: Agency Model Safety Principles (revised July 29, 2021), following the OMB memorandum of July 27, 2021 reinstating masks	Safer Federal Workforce Task Force (OPM, GSA, White House COVID-19 Response Coordinator) under Executive Order 13991 § 4, with OMB	July 29, 2021	Safer Federal Workforce Task Force (OPM, GSA, White House COVID-19 Response Coordinator) under Executive Order 13991 § 4, with OMB, COVID-19 Workplace Safety: Agency Model Safety Principles (revised July 29, 2021), following the OMB memorandum of July 27, 2021 reinstating masks (Ex. FED-272)	/library/FED-272	/exhibit/FED-272
Ex. FED-274	Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and…	Safer Federal Workforce Task Force; approved by the Director of OMB	Sept. 24, 2021	Safer Federal Workforce Task Force; approved by the Director of OMB, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Ex. FED-274)	/library/FED-274	/exhibit/FED-274
Ex. FED-275	Determination of the Promotion of Economy and Efficiency in Federal Contracting Pursuant to Executive Order No. 14042, 86 Fed. Reg. 53691 (Sept. 28, 2021)	Office of Management and Budget (Acting Director Shalanda D. Young)	Sept. 24, 2021	Office of Management and Budget (Acting Director Shalanda D. Young), Determination of the Promotion of Economy and Efficiency in Federal Contracting Pursuant to Executive Order No. 14042, 86 Fed. Reg. 53691 (Sept. 28, 2021) (Sept. 24, 2021) (Ex. FED-275)	/library/FED-275	/exhibit/FED-275
Ex. FED-278	Certification of Vaccination form (employees, onsite contractors and visitors), August 2021	Safer Federal Workforce Task Force (OMB control number 3206-0277)	Aug. 6, 2021	Safer Federal Workforce Task Force (OMB control number 3206-0277), Certification of Vaccination form (employees, onsite contractors and visitors), August 2021 (Aug. 6, 2021) (Ex. FED-278)	/library/FED-278	/exhibit/FED-278
Ex. FED-280	Secretary of Defense Memorandum, Update to Conditions-based Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions	Secretary of Defense Lloyd J. Austin III	Mar. 15, 2021	Secretary of Defense Lloyd J. Austin III, Secretary of Defense Memorandum, Update to Conditions-based Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (Mar. 15, 2021) (Ex. FED-280)	/library/FED-280	/exhibit/FED-280
Ex. FED-285	Order of the Chief Judge No. 20-078	Chief Judge Philip S. Gutierrez	June 1, 2020	Chief Judge Philip S. Gutierrez, Order of the Chief Judge No. 20-078 (June 1, 2020) (Ex. FED-285)	/library/FED-285	/exhibit/FED-285
Ex. FED-290	Press release of March 12, 2020 (Building closed to the public)	Supreme Court of the United States (Public Information Office)	Mar. 12, 2020	Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)	/library/FED-290
Ex. FED-292	Order of March 19, 2020, 589 U.S. (Order List)	Supreme Court of the United States	Mar. 19, 2020	Supreme Court of the United States, Order of March 19, 2020, 589 U.S. (Order List) (Mar. 19, 2020) (Ex. FED-292)	/library/FED-292	/exhibit/FED-292
Ex. FED-297	Amended General Order 21-0006 (May 26, 2021)	Chief Judge Rebecca R. Pallmeyer (Executive Committee)	May 26, 2021	Chief Judge Rebecca R. Pallmeyer (Executive Committee), Amended General Order 21-0006 (May 26, 2021) (Ex. FED-297)	/library/FED-297	/exhibit/FED-297
Ex. FED-298	Amended General Order 21-0006 (Sept. 15, 2021)	Chief Judge Rebecca R. Pallmeyer (Executive Committee)	Sept. 15, 2021	Chief Judge Rebecca R. Pallmeyer (Executive Committee), Amended General Order 21-0006 (Sept. 15, 2021) (Ex. FED-298)	/library/FED-298	/exhibit/FED-298
Ex. FED-299	Third Amended Order Concerning Face Masks/Coverings in Public Areas of Courthouses	Chief Judge Rebecca R. Pallmeyer	July 30, 2021	Chief Judge Rebecca R. Pallmeyer, Third Amended Order Concerning Face Masks/Coverings in Public Areas of Courthouses (July 30, 2021) (Ex. FED-299)	/library/FED-299	/exhibit/FED-299
Ex. FED-300	General Order 21-0033	Executive Committee and Restart Task Force of the Court (unanimous vote)	Sept. 20, 2021	Executive Committee and Restart Task Force of the Court (unanimous vote), General Order 21-0033 (Sept. 20, 2021) (Ex. FED-300)	/library/FED-300	/exhibit/FED-300
Ex. FED-301	Fifth Amended General Order 20-0022	Chief Judge Rebecca R. Pallmeyer	June 21, 2021	Chief Judge Rebecca R. Pallmeyer, Fifth Amended General Order 20-0022 (June 21, 2021) (Ex. FED-301)	/library/FED-301	/exhibit/FED-301
Ex. FED-302	Standing Order 20-13	Chief Judge Freda L. Wolfson	May 22, 2020	Chief Judge Freda L. Wolfson, Standing Order 20-13 (May 22, 2020) (Ex. FED-302)	/library/FED-302	/exhibit/FED-302
Ex. FED-306	Standing Order 21-04	Chief Judge Freda L. Wolfson	Mar. 11, 2021	Chief Judge Freda L. Wolfson, Standing Order 21-04 (Mar. 11, 2021) (Ex. FED-306)	/library/FED-306	/exhibit/FED-306
Ex. FED-307	Updated Amended Standing Order 21-04	Chief Judge Freda L. Wolfson	Sept. 3, 2021	Chief Judge Freda L. Wolfson, Updated Amended Standing Order 21-04 (Sept. 3, 2021) (Ex. FED-307)	/library/FED-307	/exhibit/FED-307
Ex. FED-308	Standing Order 21-08	Chief Judge Freda L. Wolfson	Sept. 13, 2021	Chief Judge Freda L. Wolfson, Standing Order 21-08 (Sept. 13, 2021) (Ex. FED-308)	/library/FED-308	/exhibit/FED-308
Ex. FED-311	Standing Order 2020-04	Chief Judge James K. Bredar	Mar. 16, 2020	Chief Judge James K. Bredar, Standing Order 2020-04 (Mar. 16, 2020) (Ex. FED-311)	/library/FED-311	/exhibit/FED-311
Ex. FED-313	Amended Standing Order 2021-07	Chief Judge James K. Bredar	June 23, 2021	Chief Judge James K. Bredar, Amended Standing Order 2021-07 (June 23, 2021) (Ex. FED-313)	/library/FED-313	/exhibit/FED-313
Ex. FED-337	General Order 78	Chief Judge Richard Seeborg	June 23, 2021	Chief Judge Richard Seeborg, General Order 78 (June 23, 2021) (Ex. FED-337)	/library/FED-337	/exhibit/FED-337
Ex. FED-340	CARES Act §§ 4022-4024 (foreclosure moratorium and forbearance; multifamily forbearance; temporary moratorium on eviction filings) and § 15002 (video…	Congress (Pub. L. 116-136, signed Mar. 27, 2020)	Mar. 27, 2020	Congress (Pub. L. 116-136, signed Mar. 27, 2020), CARES Act §§ 4022-4024 (foreclosure moratorium and forbearance; multifamily forbearance; temporary moratorium on eviction filings) and § 15002 (video teleconferencing for criminal proceedings) (Mar. 27, 2020) (Ex. FED-340)	/library/FED-340	/exhibit/FED-340
Ex. FED-342	Interagency Statement on Loan Modifications and Reporting for Financial Institutions Working with Customers Affected by the Coronavirus (Revised) (Apr. 7, 2020…	Federal Reserve Board, FDIC, NCUA, OCC, CFPB and the Conference of State Bank Supervisors	Apr. 7, 2020	Federal Reserve Board, FDIC, NCUA, OCC, CFPB and the Conference of State Bank Supervisors, Interagency Statement on Loan Modifications and Reporting for Financial Institutions Working with Customers Affected by the Coronavirus (Revised) (Apr. 7, 2020; original Mar. 22, 2020) (Ex. FED-342)	/library/FED-342	/exhibit/FED-342
Ex. FED-344	Protections for Borrowers Affected by the COVID-19 Emergency Under the Real Estate Settlement Procedures Act (RESPA), Regulation X (final rule), 86 Fed. Reg.…	Bureau of Consumer Financial Protection	June 25, 2021	Bureau of Consumer Financial Protection, Protections for Borrowers Affected by the COVID-19 Emergency Under the Real Estate Settlement Procedures Act (RESPA), Regulation X (final rule), 86 Fed. Reg. 34848 (June 30, 2021) (June 25, 2021) (Ex. FED-344)	/library/FED-344	/exhibit/FED-344
Ex. FED-345	Memorandum of August 8, 2020, Continued Student Loan Payment Relief During the COVID-19 Pandemic, 85 Fed. Reg. 49585 (Aug. 13, 2020)	President Donald J. Trump (Memorandum for the Secretary of Education)	Aug. 8, 2020	President Donald J. Trump (Memorandum for the Secretary of Education), Memorandum of August 8, 2020, Continued Student Loan Payment Relief During the COVID-19 Pandemic, 85 Fed. Reg. 49585 (Aug. 13, 2020) (Aug. 8, 2020) (Ex. FED-345)	/library/FED-345	/exhibit/FED-345
Ex. FED-354	FHFA news release of June 24, 2021: FHFA Extends COVID-19 Foreclosure and REO Eviction Moratoriums (to July 31, 2021)	Federal Housing Finance Agency	June 24, 2021	Federal Housing Finance Agency, FHFA news release of June 24, 2021: FHFA Extends COVID-19 Foreclosure and REO Eviction Moratoriums (to July 31, 2021) (Ex. FED-354)	/library/FED-354	/exhibit/FED-354
Ex. FED-355	FHFA news release of July 30, 2021: FHFA Extends COVID-19 REO Eviction Moratorium Through September 30, 2021	Federal Housing Finance Agency (with the Agencies' Joint Statement on Agency Actions to Prevent Evictions of the same date)	July 30, 2021	Federal Housing Finance Agency (with the Agencies' Joint Statement on Agency Actions to Prevent Evictions of the same date), FHFA news release of July 30, 2021: FHFA Extends COVID-19 REO Eviction Moratorium Through September 30, 2021 (Ex. FED-355)	/library/FED-355	/exhibit/FED-355
Ex. FED-364	Mortgagee Letter 2021-15	HUD, Federal Housing Administration	June 25, 2021	HUD, Federal Housing Administration, Mortgagee Letter 2021-15 (June 25, 2021) (Ex. FED-364)	/library/FED-364	/exhibit/FED-364
Ex. FED-365	Mortgagee Letter 2021-18	HUD, Federal Housing Administration	July 23, 2021	HUD, Federal Housing Administration, Mortgagee Letter 2021-18 (July 23, 2021) (Ex. FED-365)	/library/FED-365	/exhibit/FED-365
Ex. FED-378	Circular 26-21-10	VA, Loan Guaranty Service	June 25, 2021	VA, Loan Guaranty Service, Circular 26-21-10 (June 25, 2021) (Ex. FED-378)	/library/FED-378	/exhibit/FED-378
Ex. FED-379	Circular 26-21-14	VA, Loan Guaranty Service	July 30, 2021	VA, Loan Guaranty Service, Circular 26-21-14 (July 30, 2021) (Ex. FED-379)	/library/FED-379	/exhibit/FED-379
Ex. FED-380	Circular 26-21-20	VA, Loan Guaranty Service	Sept. 29, 2021	VA, Loan Guaranty Service, Circular 26-21-20 (Sept. 29, 2021) (Ex. FED-380)	/library/FED-380	/exhibit/FED-380
Ex. FED-384	USDA Rural Development release of June 24-25, 2021: Biden-Harris Administration Extends Foreclosure Moratorium and Provides Relief (moratorium to July 31, 2021…	USDA Rural Development (with the White House announcement of June 24, 2021)	June 24, 2021	USDA Rural Development (with the White House announcement of June 24, 2021), USDA Rural Development release of June 24-25, 2021: Biden-Harris Administration Extends Foreclosure Moratorium and Provides Relief (moratorium to July 31, 2021; forbearance enrollment to Sept. 30, 2021) (June 24, 2021) (Ex. FED-384)	/library/FED-384
Ex. FED-385	USDA Rural Development release of July 30, 2021: Biden-Harris Administration Extends Eviction Moratorium for Homeowners (to Sept. 30, 2021)	USDA Rural Development (with the Agencies' Joint Statement of July 30, 2021)	July 30, 2021	USDA Rural Development (with the Agencies' Joint Statement of July 30, 2021), USDA Rural Development release of July 30, 2021: Biden-Harris Administration Extends Eviction Moratorium for Homeowners (to Sept. 30, 2021) (Ex. FED-385)	/library/FED-385	/exhibit/FED-385
Ex. FED-398	H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health…	U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020)	May 15, 2020	U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398)	/library/FED-398	/exhibit/FED-398
Ex. LAW-001	CARES Act, Pub. L. 116-136, 134 Stat. 281 (Mar. 27, 2020) (Statutes at Large pages; sec. 2301 at 347-351)	United States Congress	Mar. 27, 2020	United States Congress, CARES Act, Pub. L. 116-136, 134 Stat. 281 (Mar. 27, 2020) (Statutes at Large pages; sec. 2301 at 347-351) (Ex. LAW-001)	/library/LAW-001	/exhibit/LAW-001
Ex. LAW-002	Consolidated Appropriations Act, 2021, Pub. L. 116-260, 134 Stat. 1182 (Dec. 27, 2020) (div. EE, Taxpayer Certainty and Disaster Tax Relief Act of 2020, secs.…	United States Congress	Dec. 27, 2020	United States Congress, Consolidated Appropriations Act, 2021, Pub. L. 116-260, 134 Stat. 1182 (Dec. 27, 2020) (div. EE, Taxpayer Certainty and Disaster Tax Relief Act of 2020, secs. 206-207 at 134 Stat. 3059-3065) (Ex. LAW-002)	/library/LAW-002	/exhibit/LAW-002
Ex. LAW-003	American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021) (sec. 9651 at 176-182)	United States Congress	Mar. 11, 2021	United States Congress, American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021) (sec. 9651 at 176-182) (Ex. LAW-003)	/library/LAW-003	/exhibit/LAW-003
Ex. LAW-004	Infrastructure Investment and Jobs Act, Pub. L. 117-58, 135 Stat. 429 (Nov. 15, 2021) (sec. 80604 at 1341)	United States Congress	Nov. 15, 2021	United States Congress, Infrastructure Investment and Jobs Act, Pub. L. 117-58, 135 Stat. 429 (Nov. 15, 2021) (sec. 80604 at 1341) (Ex. LAW-004)	/library/LAW-004	/exhibit/LAW-004
Ex. TX-004	Executive Order GA-09	Governor Greg Abbott	Mar. 22, 2020	Governor Greg Abbott, Executive Order GA-09 (Mar. 22, 2020) (Ex. TX-004)	/library/TX-004	/exhibit/TX-004

8. How to use this report

Keep this report with your payroll records and the other records that support your claim. The Notice itself describes what those records are. Q&A-70 says an employer "will adequately substantiate eligibility for the employee retention credit if the employer creates and maintains records that include," among other things, "any governmental order to suspend the employer's business operations" and "any records the employer relied upon to determine whether more than a nominal portion of its operations were suspended due to a governmental order or whether a governmental order had more than a nominal effect on its business operations" (Notice 2021-20, 2021-11 I.R.B. 922, Q&A-70, at 944-45). Q&A-71 says to keep those records "for at least 4 years after the date the tax becomes due or is paid, whichever comes later" (Q&A-71, at 945). This report is the first of those two items for your selection, and it is meant to sit beside the second.

If you have received a letter from the Service saying that no government orders were in effect during the quarter you claimed, this report answers that sentence with the public record, order by order. Read the quarter you claimed. For each instrument, the report gives you the issuer, the number, the dates, the words that commanded the change, the penalty behind them and the exhibit. Those are facts about the public record, and anyone can check them against the register, the code or the docket the report cites. The Service is free to argue about how much a given order affected your business. Whether the orders existed is not a matter of opinion.

Three points of public law matter to anyone holding such a letter. First, a notice that turns down a refund claim starts a clock. Under section 6532(a)(1) of the Internal Revenue Code, a refund suit cannot be brought "after the expiration of 2 years from the date of mailing by certified mail or registered mail by the Secretary to the taxpayer of a notice of the disallowance of the part of the claim to which the suit or proceeding relates." Second, asking the IRS Independent Office of Appeals to review the letter does not stop that clock; the Service's own page on the letter says so ("Requesting an appeal doesn't extend this time"), and section 6532(a)(4) provides that the Service's later consideration of the claim does not extend the period. Third, the period can be extended only by a written agreement between you and the Service under section 6532(a)(2), made on Form 907, Agreement to Extend the Time to Bring Suit, and effective only if the Service signs it before the two years run out.

The COVID Project does not give legal advice, and this report is not a substitute for it. Take it to your accountant, your enrolled agent or your lawyer. The dates above are public law, and the decisions they call for are yours and your adviser's to make.

Printed from covidproject.com/report?state=CA&quarters=2021Q3&federal=1&agencies=1&duties=1&meetings=1&answers=1 on Sept. 30, 2026. The COVID Project is a free public reference and this report is not legal advice.