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The COVID Project

Eligibility report

Governmental Orders Record and Eligibility Analysis

Delaware

2021 Q3

Prepared by The COVID Project, Sept. 30, 2026. 229 instruments cited; 227 exhibit files held. Not legal advice.

The COVID Projectcovidproject.com/report?state=DE&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 Delaware 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=DE&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)

Delaware, first day (July 1, 2021): July 1, 2021: Twenty-Ninth Modification as revised (DE-038, DE-039) and the State of Emergency (DE-053) in force through 12:01 a.m. July 13; DHSS Emergency Secretary's Orders effective July 1 for 120 days requiring CDC-based infection prevention and control programs, designated leads, written plans, PPE for all patients and staff, and orientation and annual training at every home health agency (16 DE Admin. Code 4406 § 11.0), skilled home health agency (4410), hospital (4407 § 6.0), nursing facility (3201 § 6.10), hospice (4468), personal assistance services agency (3345 § 9.0), adult day care (4402), birthing center (4403), pediatric extended care center (4409), and assisted-living, group and family care homes (3210, 3225, 3305-3320) (DE-061, DE-062, DE-063; 25 Del. Reg. 6-37 (July 1, 2021)).

Delaware, last day (Sept. 30, 2021): Sept. 30, 2021: Public Health Emergency effective 11:59 p.m. July 12 as extended Aug. 10 and Sept. 8 (DE-041, DE-042, DE-043); DHSS/DEMA Joint Practice Order as reissued Sept. 23 (DE-048); DHSS 4202 § 7.7 universal K-12 masks and State congregate-setting masks from Aug. 16 (DE-044); DDOE 933 and 934 child-care masks from Aug. 16 and Aug. 15 (DE-045, DE-066); DHSS infection-control orders in force through Oct. 28 (DE-061 to DE-063); DHSS vaccination-or-testing orders for hospitals, home health (aide only and skilled), hospice, personal assistance, adult day care, birthing and surgical centers, pediatric extended care, dialysis, office-based surgery, free-standing emergency departments and residential facilities effective Sept. 30 for 120 days (DE-046, DE-047, DE-055); State-employee vaccination-or-testing from Sept. 30 (DE-064; DE-NR-4); federal layer (Federal 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).

Layer2021 Q3Total
Federal layer167167
State of Delaware2626
Agencies, boards and authorities1919
Standing duties4040
All layers252252

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 Delaware

Ex. DE-027
Twenty-Third Modification of the Declaration of a State of Emergency

Twenty-Third Modification of the Declaration of a State of Emergency (Phase 2 temporary business restrictions on taprooms and bar service in outbreak zip codes from July 3; insurance, eviction, foreclosure and utility provisions modified July 1; child-care authority transferred to DDOE)

Governor John C. Carney, Delaware (State)

Dates
In force from July 1, 2020 to Nov. 6, 2020 (issued June 30, 2020)
Quarters
2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Business closureCapacity limitSchools and child careAlcohol and barsCourts and public officesOther
Functions reached
BA bar service closed to standing patrons in beach zip codes; CT courts (reopened June 8, 2020; housing matters stayed); PM/SV evictions and foreclosures (stays modified); IN insurance grace period
Grade
Primary source read
Days in this quarter
0

§ A: 'Notwithstanding the provisions of the Twenty-First Modification and the Phase 2 Reopen Plan, effective July 3, 2020 at 8:00 a.m. E.D.T., the following additional restrictions shall apply to taprooms and bar service in [the designated beach-area zip codes]': establishments 'may open the bar to prepare drinks to be brought to diners seated at tables' only; 'All patrons must wear face coverings upon [entering and exiting and while] placing and receiving an order'; reservations required; 'dance floors, arcade/bar game areas, pool tables' closed. Recital: 'on June 8, 2020 the Delaware courts reopened to conduct business, but eviction and foreclosure matters continue to be stayed per the 6th Modification.' §§ B-E modify the Sixth Modification's insurance, eviction, foreclosure and utility paragraphs effective July 1, 2020 (grace periods; court-supervised resumption). § F.2: child-care…

Enforcement: 20 Del. C. §§ 3115(b), 3116(9), 3122, 3125 (Modification clause)

Citation: Governor John C. Carney, Twenty-Third Modification of the Declaration of a State of Emergency (June 30, 2020) (Ex. DE-027) Open the exhibit

Ex. DE-030
Twenty-Sixth Modification of the Declaration of a State of Emergency

Twenty-Sixth Modification of the Declaration of a State of Emergency (youth and amateur adult sports: DPH-approved plans; tournaments barred absent approval; face coverings for athletes, coaches, officials and spectators)

Governor John C. Carney, Delaware (State)

Dates
In force from Sept. 2, 2020 to Sept. 4, 2020 (issued Sept. 1, 2020)
Quarters
2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Gathering capFace-covering requirementEvents and venues
Functions reached
SP sports leagues and tournaments; FC facilities; CN concessions and spectators
Grade
Primary source read
Days in this quarter
0

§ C.1: 'Tournaments are not permitted until plans for the tournaments are approved by DPH.' § D: 'Athletes participating in high risk sports and activities must wear a face covering...; All athletes playing indoors must wear face coverings at all times...; Coaches and all staff must wear a face covering at all times...; Spectators and others must wear a face covering at all times while indoors.'

Enforcement: 20 Del. C. §§ 3115(b), 3116(9), 3122, 3125 (Modification clause); rescission of plan approval

Citation: Governor John C. Carney, Twenty-Sixth Modification of the Declaration of a State of Emergency (Sept. 1, 2020) (Ex. DE-030) Open the exhibit

Ex. DE-065
Domestic and Foreign Insurers Bulletin No. 115, Coverage for COVID-19 (Coronavirus)

Insurance Commissioner's Bulletin No. 115 (Mar. 9, 2020; updated Feb. 4, 2022): health insurers to plan proactively for COVID-19 testing and treatment coverage; 2022 update adds hospital-relief provisions

Trinidad Navarro, Insurance Commissioner, Delaware Department of Insurance, Delaware (Sector regulator)

Dates
In force from Mar. 9, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Health care ordersOther
Functions reached
IN insurers' COVID-19 coverage practices
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

'The purpose of the original version of this bulletin was to encourage health insurers to be proactive in planning for Coronavirus disease 2019 (COVID-19). The purpose of this update is to encourage health insurers to proactively provide Delaware's hospitals with much needed relief and to remind insurers of federal requirements pertaining to at-home tests and the now-effective Federal No Surprises Act.'

Enforcement: Guidance; the binding insurance instruments are the Sixth Modification § E (DE-009), the Ninth Modification ¶ 5 (DE-012) and the Public Health Emergency declarations (DE-007 ¶ 5.a; DE-041 § A.3.a)

Citation: Trinidad Navarro, Insurance Commissioner, Delaware Department of Insurance, Domestic and Foreign Insurers Bulletin No. 115, Coverage for COVID-19 (Coronavirus) (Mar. 9, 2020) (Ex. DE-065) Open the exhibit

Ex. DE-001
Declaration of a State of Emergency for the State of Delaware Due to a Public Health Threat

Governor John C. Carney, Delaware (State)

Dates
In force from Mar. 13, 2020 to July 13, 2021 (issued Mar. 12, 2020)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Emergency declaration
Functions reached
predicate for every Delaware instrument; DEMA/DPH gathering-cancellation power reached MK events and GATH
Grade
Confirmed from a secondary source
Days in this quarter
13 (in force on the first day)

The saved PDF is a scanned image without a text layer. Recited in the Fourth Modification: 'on March 12, 2020 at 3:00 p.m. E.D.T., I issued a State of Emergency due to the public health threat of COVID-19, which became effective as of 8:00 a.m. E.D.T. on March 13, 2020 (the "COVID-19 State of Emergency")' and 'as of Friday, March 13, 2020 at 8:00 a.m. E.D.T., DPH and Delaware Emergency Management Agency ("DEMA") were authorized to cancel gatherings should it be deemed necessary for public health reasons, and such cancellation shall not constitute a taking' (Ex. DE-005 at 1-2). Recited in the Ninth Modification: 'Paragraph 9 of the COVID-19 State of Emergency dated March 12, 2020' (price gouging) (Ex. DE-012 ¶ 3).

Enforcement: 20 Del. C. §§ 3115(b), 3116(9), 3122, 3125 (recited in every Modification as making non-compliance a criminal offense)

Citation: Governor John C. Carney, Declaration of a State of Emergency for the State of Delaware Due to a Public Health Threat (Mar. 12, 2020) (Ex. DE-001) Open the exhibit

Ex. DE-009
Sixth Modification of the Declaration of a State of Emergency

Sixth Modification of the Declaration of a State of Emergency (elections rescheduled; eviction moratorium; foreclosure moratorium; utility shutoff moratorium; insurance non-lapse; procurement)

Governor John C. Carney, Delaware (State)

Dates
In force from Mar. 25, 2020 to July 1, 2020 (issued Mar. 24, 2020)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Courts and public officesWorkplace rulesOther
Functions reached
PM property management (evictions barred); SV servicing and foreclosure (barred); IN insurers (non-lapse duty); CL/ML lending (foreclosure and sheriff's sales stayed); CB customer base (utility protections)
Grade
Primary source read
Days in this quarter
0

§ B.1.a: 'No action for summary possession may be brought with respect to any residential rental unit located within the State. With respect to any past due balance for a residential rental unit, no late fee or interest may be charged or accrue... during the state of emergency.' § B.1.c: 'no writ of possession may be executed prior to the 7th day following the termination of the state of emergency and the rescission of the public health emergency.' § C.1: 'No residential mortgage foreclosure action may be commenced with respect to any owner-occupied 1- to 4-family primary residential property'; § C.3: no sheriff's sale 'until a date no sooner than the 31st day following the termination of the state of emergency.' § D.1: 'No electric, natural gas, propane, telegraph, telephone, water, wastewater, cable television, or internet service provider... shall terminate the service of a customer…

Enforcement: § H.3 criminal offense clause; § D.3 Public Service Commission penalties under 26 Del. C. § 217 and unlawful practice under 6 Del. C. § 2513

Citation: Governor John C. Carney, Sixth Modification of the Declaration of a State of Emergency (Mar. 24, 2020) (Ex. DE-009) Open the exhibit

Ex. DE-015
Eleventh Modification of the Declaration of a State of Emergency (Apr. 15, 2020), sec. B

Eleventh Modification of the Declaration of a State of Emergency (testing providers bound to DPH guidance; long-term-care admission, isolation and staffing rules; remote notarization)

Governor John C. Carney, Delaware (State)

Dates
In force from Apr. 15, 2020 to July 13, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Health care ordersCourts and public officesQuarantine and isolation
Functions reached
DX/IC testing providers bound to DPH guidance; RS/IN long-term-care admissions and isolation; CL closings and notarization (remote notarization authorized)
Grade
Primary source read
Days in this quarter
13 (in force on the first day)

§ A.1: 'Effective April 15, 2020 at 8:00 p.m. E.D.T., all health care providers who test for COVID-19 shall comply with the Public Health Authority's guidance for the use of such tests.' § A.3: 'The Public Health Authority is hereby authorized to issue orders, as it deems necessary, to monitor, treat, prevent, reduce the spread of, and suppress COVID-19 in and around all facilities and agencies licensed by the Division of Health Care Quality under Title 16.' § B.1: 'Effective April 15, 2020 at 8:00 p.m. E.D.T., any notarial act required under Delaware law... may be performed by utilizing audio-visual technology (remote notarization)' subject to conditions (parties physically located in Delaware).

Enforcement: 20 Del. C. ch. 31; DHCQ licensure under 16 Del. C. ch. 11

Citation: Governor John C. Carney, Eleventh Modification of the Declaration of a State of Emergency (Apr. 15, 2020), sec. B (Ex. DE-015) Open the exhibit

Ex. DE-016
Twelfth Modification of the Declaration of a State of Emergency

Twelfth Modification of the Declaration of a State of Emergency (activation of lapsed-license volunteer health workers under crisis standards of care; State disability program; regulatory comment periods)

Governor John C. Carney, Delaware (State)

Dates
In force from Apr. 23, 2020 to July 13, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Health care orders
Functions reached
SX/PR elective procedures (the Governor's own recital that they were suspended); HR volunteer activation of lapsed licensees
Grade
Primary source read
Days in this quarter
13 (in force on the first day)

Recital at 4: 'WHEREAS, the suspension of elective surgeries and non-emergency medical procedures during the COVID-19 pandemic may preclude state employees on short term disability leave from obtaining the healthcare services needed to return to work.' § C.2: suspends 29 Del. C. § 5253(c)(5) for State employees 'who, as a result of health care providers having suspended performing non-emergency or elective services during the COVID-19 pandemic,' cannot obtain care. Recited in the Omnibus as allowing 'the Public Health Authority to activate more out-of-state health care workers' (DE-031 at 4).

Enforcement: 20 Del. C. ch. 31

Citation: Governor John C. Carney, Twelfth Modification of the Declaration of a State of Emergency (Apr. 23, 2020) (Ex. DE-016) Open the exhibit

Ex. DE-029
Twenty-Fifth Modification of the Declaration of a State of Emergency

Twenty-Fifth Modification of the Declaration of a State of Emergency (school reopening under DDOE instructions; notification of positive cases; face coverings for children kindergarten to 18 in child care and schools; distancing, cohorting and bus rules)

Governor John C. Carney, Delaware (State)

Dates
In force from Aug. 27, 2020 to Sept. 4, 2020 (issued Aug. 26, 2020)
Quarters
2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Face-covering requirementSchools and child careWorkplace rules
Functions reached
IN in-person instruction under DDOE hybrid and remote models; EC child care masking and cohorting; TR school transport capacity; WF workforce with school-age children
Grade
Primary source read
Days in this quarter
0

§ A: 'SCHOOL REOPENING: LEAs will follow the school reopening instructions provided by the DDOE.' § C.1.i: 'Students in Kindergarten and above shall wear face coverings while inside child care homes and centers and at schools at all times except for meals, naps, or when doing so would inhibit the child's health. If outside at a child care home or center or at a school, face coverings shall be worn by students (Kindergarten and above) if social distancing cannot be maintained.' § C.2: 'students must be seated a minimum of 3' apart with face coverings'; 'Child care homes and centers and schools must discontinue off-site field trips.' § C.5.i: bus 'Capacity must be limited by the number of students that can be seated three (3) or more feet apart on the school bus with face coverings (one student per row...).'

Enforcement: 20 Del. C. §§ 3115(b), 3116(9), 3122, 3125 (Modification clause)

Citation: Governor John C. Carney, Twenty-Fifth Modification of the Declaration of a State of Emergency (Aug. 26, 2020) (Ex. DE-029) Open the exhibit

Ex. DE-038
Twenty-Ninth Modification of the Declaration of a State of Emergency

Twenty-Ninth Modification of the Declaration of a State of Emergency (all active restrictions combined; general face-covering and distancing mandates eliminated; face coverings mandatory in transit, health care, long-term care, home care agencies, State facilities, corrections, shelters, child care and schools; Responsibilities of All Businesses; bus distancing; sports plans; long-term care and public health provisions; evictions and foreclosures; State government)

Governor John C. Carney, Delaware (State)

Dates
In force from May 21, 2021 to July 13, 2021 (issued May 18, 2021)
Quarters
2021 Q22021 Q3
Limitations
Face-covering requirementSchools and child careHealth care ordersEvents and venuesCourts and public officesWorkplace rulesQuarantine and isolationOther
Functions reached
HR/WF every employer bound to exclude diagnosed, suspected, symptomatic, isolated and quarantined employees and to keep flexible sick leave through July 12, 2021; MASK transit riders and employees, health-care employees, patients and visitors, home-care-agency employees, State-facility visitors, child care and school occupants; TR bus transportation at three-foot distancing; SP/EV sports plan approvals; RS/VS long-term-care screening and exclusion; IC PPE guidance for hospitals, home health and personal assistance agencies; PM/SV eviction and foreclosure stays; OF State leave policies
Grade
Primary source read
Days in this quarter
13 (in force on the first day)

The Twenty-Eighth Modification 'is hereby stricken in its entirety and substituted with the following provisions, which shall become effective May 21, 2021 at 8:00 a.m. E.D.T.' § E.2.ii: 'All individuals aged Kindergarten and up must wear a face covering, except where doing so would inhibit that individual's health, while in the following places: a. when they are an employee or rider on public transportation, or a school bus, paratransit vehicle, taxi, private car service, or ride-sharing vehicle; b. when they are an employee, patient, resident, or visitor at any healthcare facility, including, but not limited to, hospitals, medical clinics and offices, special care facilities, medical laboratories, dentists, pharmacies...; c. when they are an employee or visitor at a facility licensed under Chapter 11 of Title 16...; d. when they are an employee of a home care agency licensed under…

Enforcement: Force and effect of law; criminal offense under 20 Del. C. §§ 3115(b), 3116(9), 3122, 3125; DPH inspection authority (§ A.5); rescission of sports plan approval (§ K)

Citation: Governor John C. Carney, Twenty-Ninth Modification of the Declaration of a State of Emergency (May 18, 2021) (Ex. DE-038) Open the exhibit

Ex. DE-053
Sixteenth Extension of the Declaration of a State of Emergency

Sixteenth Extension of the Declaration of a State of Emergency for the State of Delaware Due to a Public Health Threat

Governor John C. Carney, Delaware (State)

Dates
In force from June 13, 2021 to July 13, 2021
Quarters
2021 Q22021 Q3
Limitations
Emergency declaration
Functions reached
predicate: emergency and DE-038 in force July 1-12, 2021
Grade
Primary source read
Days in this quarter
13 (in force on the first day)

Extends the COVID-19 State of Emergency declaration, as modified by the Twenty-Ninth Modification, for thirty days; the last extension before termination.

Enforcement: 20 Del. C. ch. 31

Citation: Governor John C. Carney, Sixteenth Extension of the Declaration of a State of Emergency (June 13, 2021) (Ex. DE-053) Open the exhibit

Ex. DE-039
First Revision of the Twenty-Ninth Modification of the Declaration of a State of Emergency

First Revision of the Twenty-Ninth Modification (face coverings in child care homes and centers, schools and State facilities restated)

Governor John C. Carney, Delaware (State)

Dates
In force from June 15, 2021 to July 13, 2021
Quarters
2021 Q22021 Q3
Limitations
Face-covering requirementSchools and child care
Functions reached
EC/IN child care and schools masked through July 12, 2021; OF/CB State facilities masked
Grade
Primary source read
Days in this quarter
13 (in force on the first day)

Recital: 'on May 18, 2021 at 12:00 p.m. E.D.T., I issued the Twenty-Ninth Modification to the State of Emergency, combining all active COVID-19 restrictions into a single order (as used herein the "Omnibus Modification").' § E.2.ii as revised: 'All individuals aged Kindergarten and up must wear a face covering, except where doing so would inhibit that individual's health, while in the following places:... e. when they are an employee or visitor at any state owned or operated facility open to the public...; g. while they are an employee, student, or visitor inside any child care home, center, or school, except for meals, naps, or when doing so would inhibit the child's health. Face coverings are not required for employees at times when there are no children in the facility. If outside at a child care home or center or at a school, face coverings... shall be worn by students (Kindergarten…

Enforcement: Twenty-Ninth Modification enforcement clause (force and effect of law; criminal offense)

Citation: Governor John C. Carney, First Revision of the Twenty-Ninth Modification of the Declaration of a State of Emergency (June 15, 2021) (Ex. DE-039) Open the exhibit

Ex. DE-061
Emergency Secretary's Order amending 16 DE Admin. Code 4406, Home Health Agencies--Aide Only (Licensure), § 11.0 Infection Control (25 Del. Reg. 27 (July 1, 2021))

DHSS Emergency Secretary's Order: every aide-only home health agency must establish a CDC-based infection prevention and control program covering all services, with PPE for all patients and staff, a designated lead, a written comprehensive plan and orientation and annual in-service training

Molly K. Magarik, Cabinet Secretary, Department of Health and Social Services (Division of Health Care Quality), Delaware (Sector regulator)

Dates
In force from July 1, 2021 to Oct. 28, 2021 (issued June 25, 2021)
Quarters
2021 Q3
Limitations
Health care ordersWorkplace rules
Functions reached
IC infection control program in force every day of 2021 Q3; HR orientation and training; SC PPE for all patients and staff
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

'Rapid and widespread transmission of COVID-19 significantly impacted many vulnerable individuals receiving home care services throughout the community. A comprehensive infection control and prevention program based upon guidance from the Centers for Disease Controls and Prevention and other nationally recognized sources is imperative... While the availability of COVID-19 vaccines has helped to mitigate some of the risk, health and safety protocols must continue.... 11.0 Infection Control 11.1 The Agency shall establish an infection prevention and control program which shall be based upon Centers for Disease Control and Prevention and other nationally recognized infection prevention and control guidelines. 11.1.1 The infection prevention and control program must include all services offered by the Agency, including the appropriate personal protective equipment for all patients and staff.…

Enforcement: Licensure under 16 Del. C. ch. 11 and 16 DE Admin. Code 4406; emergency regulation under 29 Del. C. § 10119

Citation: Molly K. Magarik, Cabinet Secretary, Department of Health and Social Services (Division of Health Care Quality), Emergency Secretary's Order amending 16 DE Admin. Code 4406, Home Health Agencies--Aide Only (Licensure), § 11.0 Infection Control (25 Del. Reg. 27 (July 1, 2021)) (June 25, 2021) (Ex. DE-061) Open the exhibit

Ex. DE-062
Emergency Secretary's Order amending 16 DE Admin. Code 4407, Hospital Standards (Construction, Maintenance, and Operation), § 6.0 (25 Del. Reg. 29 (July 1, 2021))

DHSS Emergency Secretary's Order: every hospital must expand its infection prevention and control program on CDC guidance with a comprehensive plan and immediate corrective mechanisms

Molly K. Magarik, Cabinet Secretary, Department of Health and Social Services (Division of Health Care Quality), Delaware (Sector regulator)

Dates
In force from July 1, 2021 to Oct. 28, 2021 (issued June 17, 2021)
Quarters
2021 Q3
Limitations
Health care ordersWorkplace rules
Functions reached
IC hospital infection control program in force every day of 2021 Q3
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

'A comprehensive infection control and prevention program based upon guidance from the Centers for Disease Control and Prevention... is imperative'; § 6.0 'which expand infection prevention and control program requirements' is temporarily modified to require a plan 'that result[s] in immediate action to take preventive or corrective measures that improve the hospital's infection control outcomes.' 'This Emergency Order shall take effect on July 1, 2021 and shall remain in effect for 120 days.... It is hereby ordered, this 17th day of June, 2021.'

Enforcement: Hospital licensure under 16 Del. C. ch. 10 and 16 DE Admin. Code 4407; 29 Del. C. § 10119

Citation: Molly K. Magarik, Cabinet Secretary, Department of Health and Social Services (Division of Health Care Quality), Emergency Secretary's Order amending 16 DE Admin. Code 4407, Hospital Standards (Construction, Maintenance, and Operation), § 6.0 (25 Del. Reg. 29 (July 1, 2021)) (June 17, 2021) (Ex. DE-062) Open the exhibit

Ex. DE-063
Emergency Secretary's Order amending 16 DE Admin. Code 3201, Skilled and Intermediate Care Nursing Facilities, § 6.10 Infection Control (25 Del. Reg. 6 (July 1, 2021))

DHSS Emergency Secretary's Order: every nursing facility must expand its infection control program with an infection control coordinator, records, corrective mechanisms and training

Molly K. Magarik, Cabinet Secretary, Department of Health and Social Services (Division of Health Care Quality), Delaware (Sector regulator)

Dates
In force from July 1, 2021 to Oct. 28, 2021 (issued June 25, 2021)
Quarters
2021 Q3
Limitations
Health care ordersWorkplace rules
Functions reached
IC/RS nursing-facility infection control in force every day of 2021 Q3
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

§ 6.10 Infection Control as modified: the facility's committee 'shall be to manage the infection control program in the facility. One member of the committee program shall be designated the infection control coordinator'; 'The infection control coordinator... must: maintain records of all' infections and implement a plan 'that... improve[s] the nursing facility's infection control outcomes'; 'The infection control committee shall establish the infection control training.' 'This Emergency Order shall take effect on July 1, 2021 and shall remain in effect for 120 days.... It is hereby ordered, this 25th day of June, 2021.'

Enforcement: Nursing-facility licensure under 16 Del. C. ch. 11 and 16 DE Admin. Code 3201; 29 Del. C. § 10119

Citation: Molly K. Magarik, Cabinet Secretary, Department of Health and Social Services (Division of Health Care Quality), Emergency Secretary's Order amending 16 DE Admin. Code 3201, Skilled and Intermediate Care Nursing Facilities, § 6.10 Infection Control (25 Del. Reg. 6 (July 1, 2021)) (June 25, 2021) (Ex. DE-063) Open the exhibit

Ex. DE-041
Declaration of a Public Health Emergency for the State of Delaware

Declaration of a Public Health Emergency (vaccination, treatment and testing powers; insurer prior-authorization waiver; long-term-care staffing ratios suspended; testing and vaccination provider duties; vaccine reporting within 24 hours on pain of fines)

Governor John C. Carney, Delaware (State)

Dates
In force from July 12, 2021 to Dec. 30, 2021
Quarters
2021 Q3
Limitations
Emergency declarationHealth care ordersVaccination or testingOther
Functions reached
IC/HC every testing and vaccinating provider bound to DPH guidance and reporting; IN insurers (prior-authorization waiver); RS long-term-care staffing; WF DPH power to direct 'such other measures as may be necessary'
Grade
Primary source read
Days in this quarter
81 (in force on the last day)

'do hereby declare a Public Health Emergency, which shall become effective Monday, July 12, 2021 at 11:59 p.m. E.D.T.... A.2. The Public Health Authority is authorized to direct vaccination, treatment and such other measures as may be necessary to prevent or contain the spread of COVID-19, including to designate any qualified person to administer vaccines in accordance with 20 Del. C. § 3137, and require in-state health care providers to assist in the performance of vaccination, treatment and testing of any potentially infected individual in accordance with 20 Del. C. § 3140. A.3. The following statutory and regulatory provisions are hereby suspended or waived for the duration of this Public Health Emergency: a.... all insurers issuing policies subject to state regulation under Title 18 of the Delaware Code shall waive all prior authorization requirements for the lab testing and…

Enforcement: 16 Del. C. § 107(a) fines; cessation of vaccine distribution; 20 Del. C. ch. 31

Citation: Governor John C. Carney, Declaration of a Public Health Emergency for the State of Delaware (July 12, 2021) (Ex. DE-041) Open the exhibit

Ex. DE-048
Joint Practice Order: Joint Order of the Department of Health and Social Services and the Delaware Emergency Management Agency

Joint Practice Order authorizing out-of-state and lapsed-license practitioners to provide in-person health-care services at DPH points of dispensing, testing and public-health events and in licensed long-term-care facilities

A.J. Schall, Director, Delaware Emergency Management Agency, and Karyl T. Rattay, M.D., Director, Division of Public Health, Delaware (Sector regulator)

Dates
In force from July 12, 2021 to Oct. 7, 2021
Quarters
2021 Q3
Limitations
Health care orders
Functions reached
HR credentialing waivers in Q3 2021; WF long-term-care labor market
Grade
Primary source read
Days in this quarter
81 (in force on the last day)

'1. The individuals listed in Appendix A are authorized to provide in-person healthcare services: a. Under the direction of the Division of Public Health or the State Health Operations Center at points of dispensing, call centers, community testing or other public health events once registered with the Delaware Medical Reserve Corps. b. In licensed long-term care facilities in the State of Delaware, as such facilities are defined in 16 Del. C. § 1102.'

Enforcement: Licensure waiver under 20 Del. C. ch. 31

Citation: A.J. Schall, Director, Delaware Emergency Management Agency, and Karyl T. Rattay, M.D., Director, Division of Public Health, Joint Practice Order: Joint Order of the Department of Health and Social Services and the Delaware Emergency Management Agency (July 12, 2021) (Ex. DE-048) Open the exhibit

Ex. DE-040
Termination of State of Emergency for the State of Delaware Due to a Public Health Threat

Governor John C. Carney, Delaware (State)

Dates
In force from July 13, 2021 to Sept. 30, 2021 (issued July 12, 2021)
Quarters
2021 Q3
Limitations
Emergency declaration
Functions reached
ends the Twenty-Ninth Modification and every related order twelve days into 2021 Q3
Grade
Primary source read
Days in this quarter
80 (in force on the last day)

'WHEREAS, in compliance with state law, I extended the COVID-19 State of Emergency every thirty days since it was signed on March 12, 2020;... WHEREAS, to prevent the spread of the highly transmissible variants of the coronavirus to those not vaccinated and to continue to vaccinate Delawareans, I am issuing contemporaneously a limited State of Public Health Emergency declaration. NOW THEREFORE, I, JOHN C. CARNEY, do hereby declare that: 1. My declaration of a State of Emergency for the State of Delaware dated March 12, 2020 to become effective on March 13, 2020 at 8:00 a.m. E.D.T., including all its related orders, is hereby terminated as of Tuesday, July 13, 2021 at 12:01 a.m. E.D.T.'

Enforcement: n/a

Citation: Governor John C. Carney, Termination of State of Emergency for the State of Delaware Due to a Public Health Threat (July 12, 2021) (Ex. DE-040) Open the exhibit

Ex. DE-042
Extension of Declaration of a Public Health Emergency (First Extension)

Extension of Declaration of a Public Health Emergency for the State of Delaware

Governor John C. Carney, Delaware (State)

Dates
In force from Aug. 10, 2021 to Sept. 8, 2021
Quarters
2021 Q3
Limitations
Emergency declaration
Functions reached
predicate: keeps DE-041 in force through Q3 2021
Grade
Primary source read
Days in this quarter
30

Extends the Public Health Emergency 'effective as of July 13, 2021' with all provisions remaining in force (recited in DE-043: 'on August 10, 2021, I issued an Extension of Declaration of a Public Health Emergency for the entire state, effective as of August 10, 2021').

Enforcement: 20 Del. C. ch. 31

Citation: Governor John C. Carney, Extension of Declaration of a Public Health Emergency (First Extension) (Aug. 10, 2021) (Ex. DE-042) Open the exhibit

Ex. DE-066
Emergency Order amending 14 DE Admin. Code 934, DELACARE: Regulations for Family and Large Family Child Care Homes, § 5.3

DDOE Emergency Order: masks required of children kindergarten through twelfth grade, staff, family members and visitors inside family and large family child care homes (repealing and replacing the Aug. 12, 2021 order)

Susan S. Bunting, Ed.D., Secretary of Education, Department of Education (Office of Child Care Licensing), Delaware (Sector regulator)

Dates
In force from Aug. 15, 2021 to Dec. 12, 2021 (issued Aug. 13, 2021)
Quarters
2021 Q3
Limitations
Face-covering requirementSchools and child care
Functions reached
EC family child care homes under mandatory masking; WF workforce dependent on home-based child care
Grade
Primary source read
Days in this quarter
47 (in force on the last day)

'The August 12, 2021 Emergency Order contained language that was inadvertently broad... [and] is hereby repealed in its entirety and replaced with this Emergency Order.' § 5.3 requires mask use by children in kindergarten through twelfth grade, staff, family members and visitors 'inside the child care facility, regardless of vaccination status' and on child care buses 'regardless of vaccination status.' 'This Emergency Order shall take effect on August 15, 2021 and shall remain in effect for 120 days.... IT IS SO ORDERED the 13th day of August, 2021.'

Enforcement: Child care licensing under 14 Del. C. ch. 30A; 29 Del. C. § 10119

Citation: Susan S. Bunting, Ed.D., Secretary of Education, Department of Education (Office of Child Care Licensing), Emergency Order amending 14 DE Admin. Code 934, DELACARE: Regulations for Family and Large Family Child Care Homes, § 5.3 (Aug. 13, 2021) (Ex. DE-066) Open the exhibit

Ex. DE-044
Emergency Secretary's Order amending 16 Del. Admin. C. § 4202, Control of Communicable and Other Disease Conditions, § 7.7 (COVID-19 Mitigation and Prevention)

DHSS Emergency Secretary's Order: universal mask use in K-12 schools; masks in State congregate settings (repealing and replacing the Aug. 12, 2021 order)

Molly K. Magarik, Secretary, Department of Health and Social Services, Delaware (Sector regulator)

Dates
In force from Aug. 16, 2021 to Dec. 13, 2021 (issued Aug. 13, 2021)
Quarters
2021 Q3
Limitations
Face-covering requirementSchools and child care
Functions reached
IN in-person instruction under universal masking for the 2021-22 year; WF workforce with school-age children; OF/CB State congregate settings masked
Grade
Primary source read
Days in this quarter
46 (in force on the last day)

'7.7 COVID-19 Mitigation and Prevention 7.7.1 Schools 7.7.1.1. All schools that serve students kindergarten through twelfth grade shall require mask use by all students, faculty, staff, and visitors inside school buildings, regardless of vaccination status.... 7.7.2 Other Authorities of the State and Public Institutions 7.7.2.1 Authorities of the State shall require masks in congregate settings.... This Emergency Order shall take effect on August 16, 2021 and shall remain in effect for 120 days. At the expiration of 120 days, the Department may choose to renew this Emergency Order once for a period not exceeding 60 days, consistent with 29 Del.C. § 10119(3).' Reason: 'While the youngest students in Delaware are unable to get vaccinated against COVID-19, the best way to mitigate the spread of the virus is through a tiered strategy... The August 12, 2021 Emergency Secretary's Order…

Enforcement: 16 Del. C. §§ 122, 128 (DHSS regulatory authority); 29 Del. C. § 10119

Citation: Molly K. Magarik, Secretary, Department of Health and Social Services, Emergency Secretary's Order amending 16 Del. Admin. C. § 4202, Control of Communicable and Other Disease Conditions, § 7.7 (COVID-19 Mitigation and Prevention) (Aug. 13, 2021) (Ex. DE-044) Open the exhibit

Ex. DE-045
Emergency Order amending 14 DE Admin. Code 933, DELACARE: Regulations for Early Care and Education and School-Age Centers, § 5.3

DDOE Emergency Order: masks required of children kindergarten through twelfth grade, staff, family members and visitors inside child care centers and on child care buses; recommended for ages 2 to pre-kindergarten (repealing and replacing the Aug. 12, 2021 order)

Susan S. Bunting, Ed.D., Secretary of Education, Department of Education (Office of Child Care Licensing), Delaware (Sector regulator)

Dates
In force from Aug. 16, 2021 to Dec. 13, 2021 (issued Aug. 13, 2021)
Quarters
2021 Q3
Limitations
Face-covering requirementSchools and child care
Functions reached
EC child care centers and school-age programs under mandatory masking; WF workforce dependent on child care
Grade
Primary source read
Days in this quarter
46 (in force on the last day)

'5.3.1. All persons or associations conducting child care as defined in 14 Del.C. §3002A(1) shall recommend mask use by children ages 2 through pre-kindergarten and shall require mask use by children in kindergarten through twelfth grade, staff, family members, and visitors inside the child care facility, regardless of vaccination status.... 5.3.4. All child care facilities that provide bus service to and from the child care facility shall recommend mask use by children ages 2 through pre-kindergarten and shall require mask use by children in kindergarten through twelfth grade, faculty, staff, and visitors riding school buses, regardless of vaccination status. This Emergency Order shall take effect on August 16, 2021 and shall remain in effect for 120 days.'

Enforcement: Child care licensing under 14 Del. C. ch. 30A; 29 Del. C. § 10119

Citation: Susan S. Bunting, Ed.D., Secretary of Education, Department of Education (Office of Child Care Licensing), Emergency Order amending 14 DE Admin. Code 933, DELACARE: Regulations for Early Care and Education and School-Age Centers, § 5.3 (Aug. 13, 2021) (Ex. DE-045) Open the exhibit

Ex. DE-043
Second Extension of Declaration of a Public Health Emergency

Second Extension of Declaration of a Public Health Emergency for the State of Delaware

Governor John C. Carney, Delaware (State)

Dates
In force from Sept. 8, 2021 to Oct. 7, 2021
Quarters
2021 Q3
Limitations
Emergency declaration
Functions reached
predicate: DE-041 in force on Sept. 30, 2021
Grade
Primary source read
Days in this quarter
23 (in force on the last day)

'WHEREAS, the State of Delaware continues to face a serious public health threat from the spread of the highly transmissible variants of the coronavirus, and the need to vaccinate Delawareans against the coronavirus continues;... 1. The Public Health Emergency effective as of July 13, 2021, and extended as of August 10, 2021, is extended, effective immediately. 2. Pursuant to Title 20, Chapter 31 of the Delaware Code, all provisions of the Public Health Emergency currently in place shall remain in full force and effect until terminated in accordance with state law.'

Enforcement: 20 Del. C. ch. 31

Citation: Governor John C. Carney, Second Extension of Declaration of a Public Health Emergency (Sept. 8, 2021) (Ex. DE-043) Open the exhibit

Ex. DE-046
Emergency Secretary's Order amending 16 DE Admin. Code 4406, Home Health Agencies--Aide Only (Licensure), §§ 11.4-11.5

DHSS Emergency Secretary's Order: COVID-19 testing of all new staff, vendors and volunteers before their start date; ongoing testing of all staff, vendors and volunteers per DPH guidance (vaccination status as the alternative); work-exclusion and return-to-work protocols; outbreak staffing plans

Molly K. Magarik, Cabinet Secretary, Department of Health and Social Services (Division of Health Care Quality), Delaware (Sector regulator)

Dates
In force from Sept. 30, 2021 to Jan. 27, 2022 (issued Sept. 10, 2021)
Quarters
2021 Q3
Limitations
Health care ordersWorkplace rulesVaccination or testingQuarantine and isolation
Functions reached
HR every hire tested before start; WF ongoing testing of unvaccinated staff; work exclusion; IC infection control program; SC vendors tested
Grade
Primary source read
Days in this quarter
1 (in force on the last day)

'Emergency regulations to require this infection prevention and control program were published in the July 2021 Register at 25 DE Reg. 27 (07/01/21). In addition, home health agency - aide only staff must either provide evidence of COVID-19 vaccination, or undergo regular testing to prevent the transmission of COVID-19. While the state's requirements will offer employees the choice between getting vaccinated or getting tested, employers should encourage vaccination and federal guidance permits employers to require vaccinations.... 11.4 Specific Requirements for COVID-19 11.4.1 Before their start date, all new staff, vendors and volunteers must be tested for COVID-19 in accordance with Delaware Division of Public Health Guidance. 11.4.2 All staff, vendors and volunteers must be tested for COVID-19 in a manner consistent with Division of Public Health Guidance. 11.4.3 Agencies must follow…

Enforcement: Licensure under 16 Del. C. ch. 11 and 16 DE Admin. Code 4406; emergency regulation under 29 Del. C. § 10119

Citation: Molly K. Magarik, Cabinet Secretary, Department of Health and Social Services (Division of Health Care Quality), Emergency Secretary's Order amending 16 DE Admin. Code 4406, Home Health Agencies--Aide Only (Licensure), §§ 11.4-11.5 (Sept. 10, 2021) (Ex. DE-046) Open the exhibit

Ex. DE-047
Emergency Secretary's Order amending 16 DE Admin. Code 4407, Hospital Standards (Construction, Maintenance, and Operation), §§ 6.4-6.5

DHSS Emergency Secretary's Order: hospitals: COVID-19 testing of all new staff, vendors and volunteers before their start date; ongoing testing per DPH guidance (vaccination as the alternative); work-exclusion protocols; outbreak staffing plans

Molly K. Magarik, Cabinet Secretary, Department of Health and Social Services (Division of Health Care Quality), Delaware (Sector regulator)

Dates
In force from Sept. 30, 2021 to Jan. 27, 2022 (issued Sept. 10, 2021)
Quarters
2021 Q3
Limitations
Health care ordersWorkplace rulesVaccination or testingQuarantine and isolation
Functions reached
HR/WF/IC hospital workforce testing and exclusion; SC vendors tested
Grade
Primary source read
Days in this quarter
1 (in force on the last day)

'In addition, hospital staff must either provide evidence of COVID-19 vaccination, or undergo regular testing to prevent the transmission of COVID-19.... This emergency order adds language to the July amendment of Section 6.0.... 6.4.1 Before their start date, all new staff, vendors and volunteers must be tested for COVID-19... 6.4.2 All staff, vendors and volunteers must be tested for COVID-19 in a manner [consistent with Division of Public Health Guidance]... 6.5.1 Work exclusion and return to work protocols for staff tested positive for COVID-19... This Emergency Order shall take effect on September 30, 2021 and shall remain in effect for 120 days.... It is hereby ordered, this 10th day of September, 2021.'

Enforcement: Hospital licensure under 16 Del. C. ch. 10 and 16 DE Admin. Code 4407; 29 Del. C. § 10119

Citation: Molly K. Magarik, Cabinet Secretary, Department of Health and Social Services (Division of Health Care Quality), Emergency Secretary's Order amending 16 DE Admin. Code 4407, Hospital Standards (Construction, Maintenance, and Operation), §§ 6.4-6.5 (Sept. 10, 2021) (Ex. DE-047) Open the exhibit

Ex. DE-055
Emergency Secretary's Order amending 16 DE Admin. Code 3345, Personal Assistance Services Agencies, §§ 9.4-9.5

DHSS Emergency Secretary's Order: personal assistance services agencies: COVID-19 testing of all new staff, vendors and volunteers before their start date; ongoing testing per DPH guidance (vaccination as the alternative); work-exclusion protocols; outbreak staffing plans

Molly K. Magarik, Cabinet Secretary, Department of Health and Social Services (Division of Health Care Quality), Delaware (Sector regulator)

Dates
In force from Sept. 30, 2021 to Jan. 27, 2022 (issued Sept. 10, 2021)
Quarters
2021 Q3
Limitations
Health care ordersWorkplace rulesVaccination or testingQuarantine and isolation
Functions reached
HR/WF/IC home-care and personal-assistance workforce testing and exclusion
Grade
Primary source read
Days in this quarter
1 (in force on the last day)

'This emergency order adds language to the July amendment of Section 9.0.... 9.4.1 Before their start date, all new staff, vendors and volunteers must be tested for COVID-19 [in accordance with Delaware Division of Public Health Guidance]. 9.4.2 All staff, vendors and volunteers must be tested for COVID-19 in a manner [consistent with Division of Public Health Guidance]... 9.5.1 Work exclusion and return to work protocols for staff tested positive for COVID-19... 9.5.3 Staff refusals to authorize release of testing results or vaccination status to the [agency]... This Emergency Order shall take effect on September 30, 2021 and shall remain in effect for 120 days.... It is hereby ordered, this 10th day of September, 2021.'

Enforcement: Licensure under 16 Del. C. ch. 11 and 16 DE Admin. Code 3345; 29 Del. C. § 10119

Citation: Molly K. Magarik, Cabinet Secretary, Department of Health and Social Services (Division of Health Care Quality), Emergency Secretary's Order amending 16 DE Admin. Code 3345, Personal Assistance Services Agencies, §§ 9.4-9.5 (Sept. 10, 2021) (Ex. DE-055) Open the exhibit

Ex. DE-064
Governor's and DHSS's announcement, 'COVID-19 Vaccination and Testing Updates for Long-Term Care Facilities, Health Care Facilities, and State Employees'

Announcement that from Sept. 30, 2021 staff of DHCQ-regulated long-term care and health care facilities (including hospitals, hospice, home health agencies (aide only and skilled), personal assistance services agencies, adult day care, surgical centers, office-based surgery) and State of Delaware employees must provide proof of vaccination or undergo regular testing

Governor John C. Carney; Department of Health and Social Services; Department of Human Resources, Delaware (State)

Dates
In force from Sept. 30, 2021 to Sept. 30, 2021 (issued Aug. 12, 2021)
Quarters
2021 Q3
Limitations
Health care ordersWorkplace rulesVaccination or testing
Functions reached
HR/WF health-facility and State workforces from Sept. 30, 2021; CB private employers urged to follow
Grade
Primary source read
Days in this quarter
1 (in force on the last day)

'Governor Carney and the Delaware Department of Health and Social Services (DHSS) on Thursday announced that beginning on September 30, staff in long-term care and other health care facilities will be required to provide proof of vaccination or to undergo regular testing to prevent the transmission of COVID-19 to vulnerable populations.... The requirement also will be formalized by the end of this month and will cover the following entities regulated by the DHSS Division of Health Care Quality (DHCQ):... Acute and Outpatient Providers: Adult day cares; Free-standing birthing centers; Free-standing emergency departments; Free-standing surgical centers; Home health agencies: aide only (non-skilled); Skilled home health agencies; Hospitals (including psychiatric hospitals); Prescribed pediatric extended care centers; Hospice; Personal assistance service agencies; Office-based surgery....…

Enforcement: Through the DHSS emergency orders (DE-046, DE-047, DE-055 and parallels) and State personnel policy (DE-NR-4)

Citation: Governor John C. Carney; Department of Health and Social Services; Department of Human Resources, Governor's and DHSS's announcement, 'COVID-19 Vaccination and Testing Updates for Long-Term Care Facilities, Health Care Facilities, and State Employees' (Aug. 12, 2021) (Ex. DE-064) Open the exhibit

Agencies, boards and authorities: Delaware

Ex. AGY-ST-COURTS-021
Order Declaring a Judicial Emergency

Declaration of a statewide judicial emergency effective 8:00 a.m. March 16, 2020 for 30 days; trial courts authorized to continue all trials and hearings; audiovisual proceedings authorized; Speedy Trial Guidelines tolled

Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Supreme Court of the State of Delaware (Chief Justice; statewide) (Court)

Dates
In force from Mar. 16, 2020 to July 13, 2021 (issued Mar. 13, 2020)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Emergency declarationGathering capCourts and public offices
Functions reached
CT courts and agencies (all Delaware courts); SV servicing and collections; CL closings; PM property management (eviction dockets); WF workforce (jurors, witnesses)
Grade
Primary source read
Days in this quarter
13 (in force on the first day)

1. Under the authority of 10 Del. C. § 2004, a judicial emergency is declared, to become effective March 16, 2020 at 8:00 a.m. and continuing for 30 days, subject to further review. 2. During the period of judicial emergency, all trial courts in the State shall have the discretion to continue trials and hearings in civil and criminal cases for a period of 30 days in order to limit the number of people gathering in public court buildings. 3. To the greatest extent possible, all trial courts in the State are authorized and encouraged to utilize audiovisual devices to conduct proceedings (except for jury trials). 4. During the period of judicial emergency, all time requirements under the Speedy Trial Guidelines are hereby tolled.

Enforcement: 10 Del. C. §§ 2004-2009 (judicial emergency powers: venue changes, audiovisual proceedings, suspension and tolling of deadlines, 'such other actions as are reasonably necessary')

Citation: Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Order Declaring a Judicial Emergency (Mar. 13, 2020) (Ex. AGY-ST-COURTS-021) Open the exhibit

Ex. AGY-ST-COURTS-029
Release: Delaware Courts move to Phase 3 of reopening plan, restart jury trials June 1; Chief Justice extends judicial emergency to July 2, 2021

Release announcing the fifteenth 30-day extension, the June 1, 2021 return to Phase 3 with jury trials, the continued courthouse mask mandate and screening, and 100 percent staffing from July 6, 2021

Delaware Judiciary, for Chief Justice Seitz, Delaware Judiciary (statewide) (Court)

Dates
In force from June 1, 2021 to July 2, 2021 (issued May 26, 2021)
Quarters
2021 Q22021 Q3
Limitations
Emergency declarationCapacity limitFace-covering requirementCourts and public offices
Functions reached
CT courts and agencies; WF workforce
Grade
Primary source read
Days in this quarter
2 (in force on the first day)

While the move to Phase 3 of the Courts Reopening Plan on June 1 will allow many in-person proceedings including jury trials to resume... many COVID safety measures will remain in place for now.... Delaware court facilities will keep the mask mandate for all visitors. The Delaware Courts will also maintain temperature screenings and COVID screening questions at the entrances to all court facilities and continue to follow social distancing practices.... 'we still have a significant backlog of cases in some of our courts.'

Enforcement: n/a (release); the order is AO No. 21 (Ex. AGY-ST-COURTS-060)

Citation: Delaware Judiciary, for Chief Justice Seitz, Release: Delaware Courts move to Phase 3 of reopening plan, restart jury trials June 1; Chief Justice extends judicial emergency to July 2, 2021 (May 26, 2021) (Ex. AGY-ST-COURTS-029) Open the exhibit

Ex. AGY-ST-COURTS-060
Administrative Order No. 21 (extension of the judicial emergency effective June 3, 2021; Phase 3 from June 1, 2021)

Fifteenth 30-day extension; Phase 3 (jury trials) from June 1, 2021; staffing to 100 percent from July 6, 2021; audiovisual proceedings; Speedy Trial Guidelines tolled; AO No. 3 sworn-declaration suspension and AO No. 20 mask order continued

Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Supreme Court of the State of Delaware (statewide) (Court)

Dates
In force from June 3, 2021 to June 29, 2021 (issued May 26, 2021)
Quarters
2021 Q22021 Q3
Limitations
Emergency declarationCapacity limitFace-covering requirementCourts and public offices
Functions reached
CT courts and agencies (in force July 1-13, 2021); WF workforce (staffing below 100 percent until July 6, 2021); CL closings (sworn-declaration suspension)
Grade
Primary source read
Days in this quarter
0

(1) Under the authority of 10 Del. C. § 2004, the judicial emergency for all State courts and their facilities in Delaware is extended for another 30 days effective June 3, 2021. (2) As previously set forth in Administrative Order No. 19, Phase 3 of the Reopening Plan will commence on June 1, 2021. (3) Effective July 6, 2021, Phase 3 of the Reopening Plan will be modified to authorize courts to increase judicial branch staffing to 100%.... (5) During the period of judicial emergency, all time requirements under the Speedy Trial Guidelines are tolled. (6) Administrative Order No. 3 regarding the suspension of any requirements for sworn declarations... will remain in effect. (7) Administrative Order No. 20 regarding the use of face masks or coverings in State court facilities will remain in effect.

Enforcement: 10 Del. C. §§ 2004-2009

Citation: Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Administrative Order No. 21 (extension of the judicial emergency effective June 3, 2021; Phase 3 from June 1, 2021) (May 26, 2021) (Ex. AGY-ST-COURTS-060) Open the exhibit

Ex. AGY-ST-COURTS-042
Memorandum Regarding Jury Trial Proceedings in the Court of Common Pleas in New Castle County

Protocols for the resumption of jury trials from August 2021: one trial day per week in August-September 2021, two in October; Zoom case reviews; calendar caps of 40 cases; protective measures

Court of Common Pleas for the State of Delaware (New Castle County), Court of Common Pleas of the State of Delaware, New Castle County (Court)

Dates
In force from July 23, 2021 to Sept. 30, 2021
Quarters
2021 Q3
Limitations
Capacity limitCourts and public offices
Functions reached
CT courts and agencies (Q3 2021 restricted trial calendars)
Grade
Primary source read
Days in this quarter
70 (in force on the last day)

A. Jury Trials in August and September 2021. Jury Trials will be scheduled on Wednesdays, with the Final Jury Trial Case Review occurring the Thursday before trial, and the Final Pretrial Teleconference occurring the Monday before trial. B. Jury Trials in October 2021. Jury Trials will be scheduled on Wednesdays and Thursdays.... D. Calendar Size. Jury Trial, Final Jury Trial Case Review, and Final Pretrial Teleconference calendars shall not exceed 40 cases per calendar.

Enforcement: Court's scheduling authority

Citation: Court of Common Pleas for the State of Delaware (New Castle County), Memorandum Regarding Jury Trial Proceedings in the Court of Common Pleas in New Castle County (July 23, 2021) (Ex. AGY-ST-COURTS-042) Open the exhibit

Ex. AGY-ST-COURTS-030
Administrative Order 2020-1, In re: Filing Regarding Compliance with the Coronavirus Aid, Relief, and Economic Security Act ('CARES Act')

Requirement that every foreclosure plaintiff file an Affidavit in Support of Compliance with the CARES Act before any action in a mortgage foreclosure may proceed

Superior Court of the State of Delaware, Superior Court of the State of Delaware (statewide) (Court)

Dates
In force from July 21, 2020 to Sept. 30, 2021
Quarters
2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Courts and public officesOther
Functions reached
SV servicing, collections and foreclosure (lenders and servicers); CL closings (REO and foreclosure sales); PM property management
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

NOW, THEREFORE, this 21st day of July, IT IS ORDERED that the Plaintiff, or an Authorized Agent of the Plaintiff file an Affidavit in Support of Compliance with the CARES Act (see Exhibit 1), before any action in a mortgage foreclosure matter may proceed.

Enforcement: Condition precedent to any step in a foreclosure action in the Superior Court

Citation: Superior Court of the State of Delaware, Administrative Order 2020-1, In re: Filing Regarding Compliance with the Coronavirus Aid, Relief, and Economic Security Act ('CARES Act') (July 21, 2020) (Ex. AGY-ST-COURTS-030) Open the exhibit

Ex. AGY-ST-COURTS-040
Release: Delaware Courts to lift judicial emergency on July 13, 2021 and lift mask mandate for the fully vaccinated on July 1, 2021

Release announcing the sixteenth and final extension (to July 13, 2021), the end of the mask mandate for fully vaccinated persons on July 1, 2021 (unvaccinated persons still required to mask), 100 percent staffing from July 6, 2021, and continued distancing and plexiglass

Delaware Judiciary, for Chief Justice Seitz, Delaware Judiciary (statewide) (Court)

Dates
In force from July 1, 2021 to July 13, 2021 (issued June 29, 2021)
Quarters
2021 Q3
Limitations
Emergency declarationFace-covering requirementCourts and public offices
Functions reached
CT courts and agencies (Q3 2021 status: emergency to July 13; masks for unvaccinated; distancing)
Grade
Primary source read
Days in this quarter
13 (in force on the first day)

The order, which is the 16th such extension of the Judicial Emergency since it was first declared by the Chief Justice on March 16, 2020, will lift the state of emergency on July 13, 2021 and restore normal court rules and procedures including amended speedy trial guidelines... Those who are not yet fully vaccinated or are immunocompromised must continue to wear masks in Delaware Court facilities.... other COVID-19 precautions will remain in place for now, including social distancing and the use of plexiglass shields

Enforcement: n/a (release); the order is AO No. 22 (Ex. AGY-ST-COURTS-061)

Citation: Delaware Judiciary, for Chief Justice Seitz, Release: Delaware Courts to lift judicial emergency on July 13, 2021 and lift mask mandate for the fully vaccinated on July 1, 2021 (June 29, 2021) (Ex. AGY-ST-COURTS-040) Open the exhibit

Ex. AGY-ST-COURTS-061
Administrative Order No. 22 (extension of the judicial emergency until 8:00 a.m. July 13, 2021)

Sixteenth and final extension: judicial emergency continued to 8:00 a.m. July 13, 2021; audiovisual proceedings and tolling of the Speedy Trial Guidelines continued to that date; recital of the entire chain of monthly extensions from April 14, 2020

Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Supreme Court of the State of Delaware (statewide) (Court)

Dates
In force from July 2, 2021 to July 13, 2021 (issued June 29, 2021)
Quarters
2021 Q3
Limitations
Emergency declarationCourts and public offices
Functions reached
CT courts and agencies (Q3 2021: emergency in force July 1-13, 2021)
Grade
Primary source read
Days in this quarter
12

(1) Under the authority of 10 Del. C. § 2004, the judicial emergency for all State courts and their facilities in Delaware is extended until 8:00 a.m. [July 13, 2021]... (2) Until the expiration of the judicial emergency on July 13, 2021, all courts in the State are authorized, to the greatest extent possible under 10 Del. C. § 2008, to continue to utilize audiovisual devices at their facilities and remotely to conduct proceedings (except for jury trials). (3) Until the expiration of the judicial emergency on July 13, 2021, all time [requirements under the Speedy Trial Guidelines are tolled]

Enforcement: 10 Del. C. §§ 2004-2009

Citation: Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Administrative Order No. 22 (extension of the judicial emergency until 8:00 a.m. July 13, 2021) (June 29, 2021) (Ex. AGY-ST-COURTS-061) Open the exhibit

Ex. AGY-ST-COURTS-041
Release: Delaware Courts to restore mask mandate on Monday, August 16, 2021 to combat the COVID-19 Delta variant; Chief Justice also orders mandatory weekly COVID testing for all unvaccinated court employees

Release announcing universal masking in all State court facilities from Aug. 16, 2021 and weekly testing of unvaccinated judicial employees from Sept. 7, 2021

Delaware Judiciary, for Chief Justice Seitz ('as administrative head of all state courts'), Delaware Judiciary (statewide) (Court)

Dates
In force from Aug. 16, 2021; end: 120 days from Aug. 11, 2021 subject to review (per the order, Ex.… (issued Aug. 11, 2021)
Quarters
2021 Q3
Limitations
Face-covering requirementCourts and public officesVaccination or testing
Functions reached
CT courts and agencies (Q3 2021); WF workforce (employee testing mandate)
Grade
Primary source read
Days in this quarter
46 (in force on the last day)

the Delaware Judicial Branch will be once again requiring masks at all State court facilities beginning on Monday, August 16, 2021. The administrative order signed today also mandates that beginning on September 7, 2021, any court employee who is not fully vaccinated against COVID-19 must undergo weekly COVID testing.... The mask order will apply to all visitors to state judicial facilities and all judicial branch employees.

Enforcement: n/a (release); the order is Ex. AGY-ST-COURTS-062

Citation: Delaware Judiciary, for Chief Justice Seitz ('as administrative head of all state courts'), Release: Delaware Courts to restore mask mandate on Monday, August 16, 2021 to combat the COVID-19 Delta variant; Chief Justice also orders mandatory weekly COVID testing for all unvaccinated court employees (Aug. 11, 2021) (Ex. AGY-ST-COURTS-041) Open the exhibit

Ex. AGY-ST-COURTS-062
Administrative Order of August 11, 2021 (universal masking in judicial facilities; weekly testing of unvaccinated judicial officers and employees)

Q3 2021 Delta-wave order: face masks for all persons entering any judicial facility regardless of vaccination status from Aug. 16, 2021; weekly COVID-19 testing for judicial officers and employees without proof of full vaccination from Sept. 7, 2021; 120-day term

Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Supreme Court of the State of Delaware (statewide) (Court)

Dates
In force from Aug. 16, 2021 to Dec. 9, 2021 (issued Aug. 11, 2021)
Quarters
2021 Q3
Limitations
Face-covering requirementCourts and public officesVaccination or testing
Functions reached
CT courts and agencies (Q3 2021); WF workforce (test-or-vaccinate condition on judicial employment)
Grade
Primary source read
Days in this quarter
46 (in force on the last day)

(1) Beginning on August 16, 2021, all persons entering any judicial facilities, regardless of their vaccination status, shall wear a face mask... at all times except when speaking in a courtroom.... (3) Beginning on September 7, 2021, all Judicial Officers and judicial [branch employees who have not provided proof of full] vaccination for COVID-19 must undergo weekly testing for COVID-19 and each week provide evidence of a negative test result.... (5) This order will shall remain in effect for 120 days, subject to review

Enforcement: Del. Const. art. IV, § 13; administrative order enforced through courthouse security and personnel rules

Citation: Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Administrative Order of August 11, 2021 (universal masking in judicial facilities; weekly testing of unvaccinated judicial officers and employees) (Aug. 11, 2021) (Ex. AGY-ST-COURTS-062) Open the exhibit

Ex. AGY-ST-HEALTH-SUBORDERS-041
Emergency Secretary's Order amending 16 DE Admin. Code 4407 Hospital Standards (Construction, Maintenance, and Operation), Section 6.0 (25 DE Reg. 350 (Oct. 1, 2021))

Hospital Standards, Section 6.0 Infection Prevention and Control: COVID-19 testing of all staff, vendors and volunteers consistent with Division of Public Health guidance; policies on work exclusion, refusals to test or to release vaccination status; the State requirement that hospital staff 'either provide evidence of COVID-19 vaccination, or undergo regular testing'

Molly K. Magarik, Cabinet Secretary, Department of Health and Social Services, Delaware - Department of Health and Social Services, Division of Health Care Quality (State health and human services agency) (State)

Dates
In force from Sept. 30, 2021 to Sept. 30, 2021 (issued Sept. 10, 2021)
Quarters
2021 Q3
Limitations
Health care ordersWorkplace rulesVaccination or testing
Functions reached
IC infection control (staff, vendor and volunteer testing or vaccination); HR hiring (pre-start testing of all new staff); SC vendors (every vendor entering the hospital tested or vaccinated); OF policies and procedures; WF workforce
Grade
Primary source read
Days in this quarter
1 (in force on the last day)

In addition, hospital staff must either provide evidence of COVID-19 vaccination, or undergo regular testing to prevent the transmission of COVID-19.... It is hereby ordered, that 16 DE Admin. Code 4407 Hospital Standards (Construction, Maintenance, and Operation), specifically, Section 6.0 which expands the infection prevention and control program requirements, is temporarily modified as shown by underline as follows:... 6.4.1 Before their start date, all new staff, vendors and volunteers must be tested for COVID-19 in accordance with Delaware Division of Public Health Guidance. 6.4.2 All staff, vendors and volunteers must be tested for COVID-19 in a manner consistent with Division of Public Health Guidance.... 6.5 Hospitals shall amend their policies and procedures to include: 6.5.1 Work exclusion and return to work protocols for staff tested positive for COVID-19. 6.5.2 Staff refusals…

Enforcement: Hospital licensure sanctions under 16 Del. C. ch. 10; 16 Del. C. § 107 (violation of Title 16 regulations)

Citation: Molly K. Magarik, Cabinet Secretary, Department of Health and Social Services, Emergency Secretary's Order amending 16 DE Admin. Code 4407 Hospital Standards (Construction, Maintenance, and Operation), Section 6.0 (25 DE Reg. 350 (Oct. 1, 2021)) (Sept. 10, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-041) Open the exhibit

Ex. AGY-ST-HEALTH-SUBORDERS-042
Emergency Secretary's Order amending 16 DE Admin. Code 4406 Home Health Agencies--Aide Only (Licensure) (25 DE Reg. 348 (Oct. 1, 2021))

Home Health Agencies (Aide Only): infection-control amendments adding COVID-19 testing of all staff consistent with Division of Public Health guidance and policies on refusals to test or to release vaccination status; staff to be vaccinated or regularly tested

Molly K. Magarik, Cabinet Secretary, DHSS, Delaware - Department of Health and Social Services, Division of Health Care Quality (State)

Dates
In force from Sept. 30, 2021 to Sept. 30, 2021 (issued Aug. 10, 2021)
Quarters
2021 Q3
Limitations
Health care ordersWorkplace rulesVaccination or testing
Functions reached
HC in-home visits (aide testing or vaccination as a condition of deployment); HR hiring and staffing; IC infection control; WF workforce
Grade
Primary source read
Days in this quarter
1 (in force on the last day)

[home health agency staff must either provide evidence of COVID-19] vaccination, or undergo regular testing to prevent the transmission of COVID-19. While the state's requirements will offer employees the choice between getting vaccinated or getting tested, employers should encourage vaccination and federal guidance permits employers to require vaccinations. This emergency order adds language to the July amendment of Section [11.0]... This Emergency Order shall take effect on September 30, 2021 and shall remain in effect for 120 days.

Enforcement: Home health agency licensure sanctions (16 Del. C. ch. 1, subch. II); 16 Del. C. § 107

Citation: Molly K. Magarik, Cabinet Secretary, DHSS, Emergency Secretary's Order amending 16 DE Admin. Code 4406 Home Health Agencies--Aide Only (Licensure) (25 DE Reg. 348 (Oct. 1, 2021)) (Aug. 10, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-042) Open the exhibit

Ex. AGY-ST-HEALTH-SUBORDERS-043
Emergency Secretary's Order amending 16 DE Admin. Code 4410 Skilled Home Health Agencies (Licensure) (25 DE Reg. 354 (Oct. 1, 2021))

Skilled Home Health Agencies: COVID-19 testing of all staff consistent with DPH guidance; vaccination-or-testing; policies on refusals

Molly K. Magarik, Cabinet Secretary, DHSS, Delaware - Department of Health and Social Services, Division of Health Care Quality (State)

Dates
In force from Sept. 30, 2021 to Sept. 30, 2021 (issued Sept. 10, 2021)
Quarters
2021 Q3
Limitations
Health care ordersWorkplace rulesVaccination or testing
Functions reached
HC in-home skilled visits; SN skilled nursing staffing; HR hiring; IC infection control; WF workforce
Grade
Primary source read
Days in this quarter
1 (in force on the last day)

[skilled home health agency staff must either provide evidence of COVID-19] vaccination, or undergo regular testing to prevent the transmission of COVID-19.... This emergency order adds language to the July amendment of Section [...].... This Emergency Order shall take effect on September 30, 2021 and shall remain in effect for 120 days.

Enforcement: Licensure sanctions; 16 Del. C. § 107

Citation: Molly K. Magarik, Cabinet Secretary, DHSS, Emergency Secretary's Order amending 16 DE Admin. Code 4410 Skilled Home Health Agencies (Licensure) (25 DE Reg. 354 (Oct. 1, 2021)) (Sept. 10, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-043) Open the exhibit

Ex. AGY-ST-HEALTH-SUBORDERS-044
Emergency Secretary's Order amending 16 DE Admin. Code 4468 Delivery of Hospice Services, Section 7.0 (25 DE Reg. 357 (Oct. 1, 2021))

Hospice: COVID-19 testing of all staff, vendors and volunteers; vaccination-or-testing; policies on refusals

Molly K. Magarik, Cabinet Secretary, DHSS, Delaware - Department of Health and Social Services, Division of Health Care Quality (State)

Dates
In force from Sept. 30, 2021 to Sept. 30, 2021 (issued Sept. 10, 2021)
Quarters
2021 Q3
Limitations
Health care ordersWorkplace rulesVaccination or testing
Functions reached
HC hospice home and facility visits; VL volunteers; HR staffing; IC infection control
Grade
Primary source read
Days in this quarter
1 (in force on the last day)

In addition, hospice staff must either provide evidence of COVID-19 vaccination, or undergo regular testing to prevent the transmission of COVID-19.... This emergency order adds language to the July amendment of Section 7.0.... This Emergency Order shall take effect on September 30, 2021 and shall remain in effect for 120 days.

Enforcement: Licensure sanctions; 16 Del. C. § 107

Citation: Molly K. Magarik, Cabinet Secretary, DHSS, Emergency Secretary's Order amending 16 DE Admin. Code 4468 Delivery of Hospice Services, Section 7.0 (25 DE Reg. 357 (Oct. 1, 2021)) (Sept. 10, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-044) Open the exhibit

Ex. AGY-ST-HEALTH-SUBORDERS-045
Emergency Secretary's Order amending 16 DE Admin. Code 3345 Personal Assistance Services Agencies, Section 9.0 (25 DE Reg. 339 (Oct. 1, 2021))

Personal Assistance Services Agencies: COVID-19 testing of all staff; vaccination-or-testing; 9.5.3 policies on staff refusals to release testing results or vaccination status

Molly K. Magarik, Cabinet Secretary, DHSS, Delaware - Department of Health and Social Services, Division of Health Care Quality (State)

Dates
In force from Sept. 30, 2021 to Sept. 30, 2021 (issued Sept. 10, 2021)
Quarters
2021 Q3
Limitations
Health care ordersWorkplace rulesVaccination or testing
Functions reached
HC in-home personal assistance visits; HR hiring and staffing (aides); IC infection control; WF workforce
Grade
Primary source read
Days in this quarter
1 (in force on the last day)

[staff must either provide evidence of COVID-19] vaccination, or undergo regular testing to prevent the transmission of COVID-19. While the state's requirements will offer employees the choice between getting vaccinated or getting tested, employers should encourage vaccination... 9.5.3 Staff refusals to authorize release of testing results or vaccination status to the agency;... This Emergency Order shall take effect on September 30, 2021 and shall remain in effect for 120 days.

Enforcement: Licensure sanctions; 16 Del. C. § 107

Citation: Molly K. Magarik, Cabinet Secretary, DHSS, Emergency Secretary's Order amending 16 DE Admin. Code 3345 Personal Assistance Services Agencies, Section 9.0 (25 DE Reg. 339 (Oct. 1, 2021)) (Sept. 10, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-045) Open the exhibit

Ex. AGY-ST-HEALTH-SUBORDERS-046
Emergency Secretary's Order amending 16 DE Admin. Code 4402 Regulations for Adult Day Care Facilities, Section 16.0 (25 DE Reg. 341 (Oct. 1, 2021))

Adult Day Care Facilities: COVID-19 testing of staff; vaccination-or-testing; policies on refusals

Molly K. Magarik, Cabinet Secretary, DHSS, Delaware - Department of Health and Social Services, Division of Health Care Quality (State)

Dates
In force from Sept. 30, 2021 to Sept. 30, 2021 (issued Sept. 10, 2021)
Quarters
2021 Q3
Limitations
Health care ordersWorkplace rulesVaccination or testing
Functions reached
RS day-program operations; HR staffing; IC infection control; WF workforce (family caregivers)
Grade
Primary source read
Days in this quarter
1 (in force on the last day)

In addition, adult day care facility staff must either provide evidence of COVID-19 vaccination, or undergo regular testing to prevent the transmission of COVID-19.... This emergency order adds language to the July amendment of Section 16.0.... This Emergency Order shall take effect on September 30, 2021 and shall remain in effect for 120 days.

Enforcement: Licensure sanctions; 16 Del. C. § 107

Citation: Molly K. Magarik, Cabinet Secretary, DHSS, Emergency Secretary's Order amending 16 DE Admin. Code 4402 Regulations for Adult Day Care Facilities, Section 16.0 (25 DE Reg. 341 (Oct. 1, 2021)) (Sept. 10, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-046) Open the exhibit

Ex. AGY-ST-HEALTH-SUBORDERS-047
Emergency Secretary's Order amending 16 DE Admin. Code 4405 Free Standing Surgical Centers (25 DE Reg. 346 (Oct. 1, 2021))

Free Standing Surgical Centers: infection prevention and control requirements for COVID-19; staff vaccination-or-testing; policies on refusals

Molly K. Magarik, Cabinet Secretary, DHSS, Delaware - Department of Health and Social Services, Division of Health Care Quality (State)

Dates
In force from Sept. 30, 2021 to Sept. 30, 2021 (issued Sept. 8, 2021)
Quarters
2021 Q3
Limitations
Health care ordersWorkplace rulesVaccination or testing
Functions reached
SX surgery and procedures; HR staffing; IC infection control; WF workforce
Grade
Primary source read
Days in this quarter
1 (in force on the last day)

[staff must either provide evidence of COVID-19] vaccination, or undergo regular testing to prevent the transmission of COVID-19.... It is hereby ordered, that 16 DE Admin. Code 4405 Free Standing Surgical Centers, specifically, [the infection prevention and control section, is temporarily modified]... This Emergency Order shall take effect on September 30, 2021 and shall remain in effect for 120 days.

Enforcement: Licensure sanctions; 16 Del. C. § 107

Citation: Molly K. Magarik, Cabinet Secretary, DHSS, Emergency Secretary's Order amending 16 DE Admin. Code 4405 Free Standing Surgical Centers (25 DE Reg. 346 (Oct. 1, 2021)) (Sept. 8, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-047) Open the exhibit

Ex. AGY-ST-HEALTH-SUBORDERS-048
Emergency Secretary's Order amending 16 DE Admin. Code 3330 Regulations Governing Dialysis Centers (25 DE Reg. 333 (Oct. 1, 2021))

Dialysis Centers: infection prevention and control requirements for COVID-19; staff vaccination-or-testing; policies on refusals

Molly K. Magarik, Cabinet Secretary, DHSS, Delaware - Department of Health and Social Services, Division of Health Care Quality (State)

Dates
In force from Sept. 30, 2021 to Sept. 30, 2021 (issued Sept. 8, 2021)
Quarters
2021 Q3
Limitations
Health care ordersWorkplace rulesVaccination or testing
Functions reached
OC outpatient clinical operations (dialysis); HR staffing; IC infection control; WF workforce
Grade
Primary source read
Days in this quarter
1 (in force on the last day)

In addition, dialysis center staff must either provide evidence of COVID-19 vaccination, or undergo regular testing to prevent the transmission of COVID-19. While the state's requirements will offer employees the choice between getting vaccinated or getting tested, employers should encourage vaccination and federal guidance permits employers to require vaccinations.... This Emergency Order shall take effect on September 30, 2021 and shall remain in effect for 120 days.

Enforcement: Licensure sanctions; 16 Del. C. § 107

Citation: Molly K. Magarik, Cabinet Secretary, DHSS, Emergency Secretary's Order amending 16 DE Admin. Code 3330 Regulations Governing Dialysis Centers (25 DE Reg. 333 (Oct. 1, 2021)) (Sept. 8, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-048) Open the exhibit

Ex. AGY-ST-HEALTH-SUBORDERS-049
Emergency Secretary's Order amending 16 DE Admin. Code 3335 Office-Based Surgery (25 DE Reg. 335 (Oct. 1, 2021))

Office-Based Surgery: infection prevention and control requirements for COVID-19; staff vaccination-or-testing; policies on refusals

Molly K. Magarik, Cabinet Secretary, DHSS, Delaware - Department of Health and Social Services, Division of Health Care Quality (State)

Dates
In force from Sept. 30, 2021 to Sept. 30, 2021 (issued Sept. 8, 2021)
Quarters
2021 Q3
Limitations
Health care ordersWorkplace rulesVaccination or testing
Functions reached
PR procedures in physician and dental offices; HR staffing; IC infection control; WF workforce
Grade
Primary source read
Days in this quarter
1 (in force on the last day)

In addition, office-based surgery staff must either provide evidence of COVID-19 vaccination, or undergo regular testing to prevent the transmission of COVID-19.... This Emergency Order shall take effect on September 30, 2021 and shall remain in effect for 120 days.

Enforcement: Certification sanctions; 16 Del. C. § 107

Citation: Molly K. Magarik, Cabinet Secretary, DHSS, Emergency Secretary's Order amending 16 DE Admin. Code 3335 Office-Based Surgery (25 DE Reg. 335 (Oct. 1, 2021)) (Sept. 8, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-049) Open the exhibit

Ex. AGY-ST-HEALTH-SUBORDERS-050
Emergency Secretary's Order amending 16 DE Admin. Code 3340 Free Standing Emergency Departments (25 DE Reg. 337 (Oct. 1, 2021))

Free Standing Emergency Departments: infection prevention and control requirements for COVID-19; staff vaccination-or-testing; policies on refusals

Molly K. Magarik, Cabinet Secretary, DHSS, Delaware - Department of Health and Social Services, Division of Health Care Quality (State)

Dates
In force from Sept. 30, 2021 to Sept. 30, 2021 (issued Sept. 8, 2021)
Quarters
2021 Q3
Limitations
Health care ordersWorkplace rulesVaccination or testing
Functions reached
ED emergency department operations; HR staffing; IC infection control; WF workforce
Grade
Primary source read
Days in this quarter
1 (in force on the last day)

[staff must either provide evidence of COVID-19] vaccination, or undergo regular testing to prevent the transmission of COVID-19.... This Emergency Order shall take effect on September 30, 2021 and shall remain in effect for 120 days.

Enforcement: Licensure sanctions; 16 Del. C. § 107

Citation: Molly K. Magarik, Cabinet Secretary, DHSS, Emergency Secretary's Order amending 16 DE Admin. Code 3340 Free Standing Emergency Departments (25 DE Reg. 337 (Oct. 1, 2021)) (Sept. 8, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-050) Open the exhibit

End of general restrictions, State of Delaware: Twenty-Eighth Modification of the Declaration of a State of Emergency (May 12, 2021, 2:00 p.m.; struck the Omnibus Modification and its ten Revisions and eliminated the capacity and gathering caps) and Twenty-Ninth Modification (May 18, 2021, 12:00 p.m.; struck the Twenty-Eighth and eliminated the general face-covering and distancing mandates), both effective May 21, 2021 at 8:00 a.m. E.D.T. (Ex. DE-037; DE-038). The State of Emergency itself was terminated by the Termination of July 12, 2021, effective July 13, 2021 at 12:01 a.m. E.D.T. (Ex. DE-040). (2021-05-21 08:00 (capacity, gathering, distancing and general mask mandates); 2021-07-13 00:01 (State of Emergency and all related orders)). What remained: May 21 to July 13, 2021 (DE-038 as revised by DE-039): mandatory face coverings on public transportation and school buses, in every health-care facility, in every 16 Del. C. ch. 11 facility, for employees of licensed home care agencies, in State facilities open to the public, in correctional facilities and shelters, and inside every child care home, center and school; the Responsibilities of All Businesses (face coverings per Section E; hand sanitizer at every entry and exit; flexible non-punitive sick leave; exclusion of diagnosed, suspected or symptomatic employees; 'Prohibit employees who have been told they must be isolated or quarantined from on-premises work until isolation or quarantine status is discontinued by DPH'; symptomatic employees must stop work and self-isolate); three-foot distancing on bus transportation; DPH-approved plans for tournaments and indoor sports; long-term-care screening, exclusion and cohorting rules; PPE-guidance compliance for hospitals, nursing and residential facilities, ambulatory services, home health and personal assistance agencies; suspension of long-term-care staffing ratios; court-supervised stays of evictions and foreclosures; DHR COVID-19 leave authority to Sept. 30, 2021. From July 1, 2021: the DHSS infection-control emergency regulations (DE-061 to DE-063 and parallels) for 120 days. From 11:59 p.m. July 12, 2021: the Public Health Emergency (DE-041) as extended Aug. 10 and Sept. 8 (DE-042, DE-043), the Joint Practice Order (DE-048), the Aug. 13 school and child-care mask orders (DE-044, DE-045, DE-066), the Sept. 30 vaccination-or-testing orders (DE-046, DE-047, DE-055, DE-064), and the federal layer (CDC conveyance mask order, TSA directives, OSHA Healthcare ETS) in the Federal files.

Preemption of local orders, State of Delaware: Delaware issued no instrument preempting or barring local orders. Delaware has no county health departments; the Division of Public Health is the sole health authority and county governments issued no health-officer orders. The Governor's orders set statewide rules and expressly required that every gathering or event 'comply with all other applicable state, county and local laws for gatherings and events' (Ex. DE-031 § N; DE-038 § J.2), and the Omnibus Modification imposed duties on beach towns directly ('At a minimum, towns must...' (Ex. DE-031 § C.1)). nothing in the State chain displaced them.

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

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):

5. Standing duties in Delaware

Delaware bound every person and every business to the pandemic measures through four standing layers of law that existed before March 2020 and remained in force through September 30, 2021. First, the Emergency Management Act, 20 Del. C. ch. 31, provides that every emergency order of the Governor 'shall have the force and effect of law' (section 3115(b); section 3121(b)), commands State and local law-enforcement authorities to enforce those orders (section 3122), and makes violation of the chapter or of an emergency order a criminal offense punishable by a fine of $50 to $500 or imprisonment up to six months for each violation (section 3125); every Modification of the Delaware Declaration recited exactly these sections. Second, the public-health-emergency subchapter (sections 3131-3147) and the communicable-disease statutes (16 Del. C. sections 122 and 505) give the Department of Health and Social Services 'supreme authority in matters of quarantine,' require regulations to 'prevent and control the spread of all diseases that are dangerous to the public health,' give those regulations 'the force and effect of law' (16 Del. C. section 126(a)), bind persons under isolation or quarantine to 'obey' the authority's rules and orders, and punish violation of any DHSS regulation or order with a fine of $100 to $1,000 (16 Del. C. section 107(a)). Third, the standing regulations, 16 DE Admin. Code 4202 (Control of Communicable and Other Disease Conditions, as adopted February 1, 2020) and 4458 (the Delaware Food Code), imposed quarantine, isolation, exclusion and sanitation duties on persons, institutions and food establishments. Fourth, the workplace duty: Delaware is a federal-OSHA State, so the general duty clause of 29 U.S.C. section 654(a)(1) bound every Delaware employer directly, and 19 Del. C. sections 106-107 give the Delaware Department of Labor rulemaking power over 'industrial or occupational diseases in every employment or place of employment' and a right of entry that 'no employer or owner shall refuse.' Delaware enacted no COVID-19 liability shield for businesses; the only immunities (20 Del. C. sections 3129 and 3144; 10 Del. C. sections 4001-4002 as extended by the orders) cover the State, its contractors, qualified medical personnel and persons rendering assistance at the State's request, so the standard of care for a business remained the general law, into which the orders' protocols entered as law. The orders themselves made continued operation conditional: an Essential Business 'shall follow the coronavirus guidelines for public safety enumerated by the CDC and DPH' on pain of 'immediate closure' (Ex. DE-005 paragraph 5); a business admitting customers 'shall also comply' with occupancy, spacing and sanitation rules (Ex. DE-012 paragraph 2); a reopened business 'must comply with' the Reopen Plan 'or other applicable DPH guidance' (Exs. DE-025 paragraph 1, DE-031 section N.1); and the Public Health Authority was authorized to inspect, close and penalize non-compliant businesses (Ex. DE-031 section A.5), which it did (Exs. DUT-DE-011, DUT-DE-014). Recommendations are recorded as recommendations: 'strongly encouraged' (face coverings for the exempt), 'encouraged' (telework in Phase 2), 'should' (sick-leave policies following CDC and DPH guidance).

The State's standing duties

Ex. DUT-DE-001

20 Del. C. §§ 3115-3117 (General authority of the Governor; Powers; Activation of emergency or disaster response)

Delaware Code, Title 20, Chapter 31, Subchapter III: The Governor and Emergency Management

Delaware General Assembly (codified statute), Delaware (State)

Dates
Standing (in force throughout 2020 and 2021)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Emergency declarationStay-at-homeBusiness closureCurfew and hoursStanding duty
Character
statutory authority
Grade
Primary source read

In performing the duties of the Governor under this chapter, the Governor may issue, amend and rescind all necessary executive orders, emergency orders, proclamations and regulations, which shall have the force and effect of law.

Enforcement: 20 Del. C. § 3125: fine of $50 to $500 or imprisonment up to 6 months for each violation of the chapter or of an emergency order (Ex. DUT-DE-002)

Citation: Delaware General Assembly (codified statute), 20 Del. C. §§ 3115-3117 (General authority of the Governor; Powers; Activation of emergency or disaster response) (standing) (Ex. DUT-DE-001) Open the exhibit

Ex. DUT-DE-002

20 Del. C. §§ 3121-3130 (Orders, rules and regulations; Enforcement; Penalties; Immunity from civil liability)

Delaware Code, Title 20, Chapter 31, Subchapter IV: Miscellaneous Provisions

Delaware General Assembly (codified statute), Delaware (State)

Dates
Standing (in force throughout 2020 and 2021)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Emergency declarationStanding duty
Character
order penalty
Grade
Primary source read

Except where specified penalties are prescribed in this chapter, whoever violates this chapter or an emergency order issued pursuant to this chapter may be fined not less than $50 nor more than $500 or imprisoned up to 6 months for each violation.

Enforcement: fine of $50 to $500 or imprisonment up to 6 months for each violation (§ 3125); enforcement by every State and local law-enforcement authority (§ 3122)

Citation: Delaware General Assembly (codified statute), 20 Del. C. §§ 3121-3130 (Orders, rules and regulations; Enforcement; Penalties; Immunity from civil liability) (standing) (Ex. DUT-DE-002) Open the exhibit

Ex. DUT-DE-003

20 Del. C. §§ 3131-3147 (Public Health Emergencies: definitions; isolation and quarantine; vaccination and treatment; rules and regulations; liability)

Delaware Code, Title 20, Chapter 31, Subchapter V: Public Health Emergencies

Delaware General Assembly (codified statute; enacted by 73 Del. Laws, c. 355 (2002)), Delaware (State)

Dates
Standing (in force throughout 2020 and 2021; the Governor declared Public Health Emergencies under this subchapter on Mar. 23, 2020 (Ex. DE-007) and July 12, 2021 (Ex. DE-041))
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Emergency declarationHealth care ordersQuarantine and isolationStanding duty
Character
statutory duty
Grade
Primary source read

A person subject to isolation or quarantine shall obey the public safety authority's rules and orders, shall not go beyond the isolation or quarantine premises, and shall not put oneself in contact with any person not subject to isolation or quarantine

Enforcement: fines and penalties, orders and other remedies provided by law (§ 3143); Superior Court isolation and quarantine orders (§ 3136(5)); § 3125 for violation of any emergency order

Citation: Delaware General Assembly (codified statute; enacted by 73 Del. Laws, c. 355 (2002)), 20 Del. C. §§ 3131-3147 (Public Health Emergencies: definitions; isolation and quarantine; vaccination and treatment; rules and regulations; liability) (standing) (Ex. DUT-DE-003) Open the exhibit

Ex. DUT-DE-004

16 Del. C. §§ 501-510 (Report of contagious diseases; Notifiable diseases; Communicable diseases; regulations; quarantine; Due process rights of quarantined individuals; Tracking of potential or existing public health emergencies)

Delaware Code, Title 16, Chapter 5, Subchapter I: General Guidelines

Delaware General Assembly (codified statute), Delaware (State)

Dates
Standing (in force throughout 2020 and 2021)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Schools and child careHealth care ordersQuarantine and isolationStanding duty
Character
statutory authority
Grade
Primary source read

may at any time declare certain diseases to be communicable and may by regulation lay down the procedure which is to be followed by the patient or person suffering therefrom, the parents of the patient, the householder, by the physician attending on the patient or any individual brought into contact with or responsible for the care or maintenance of the patient

Enforcement: 16 Del. C. § 107(a): fine of $100 to $1,000 for violating any duly adopted regulation or order of the Department (Ex. DUT-DE-006); § 501 cross-refers to § 107

Citation: Delaware General Assembly (codified statute), 16 Del. C. §§ 501-510 (Report of contagious diseases; Notifiable diseases; Communicable diseases; regulations; quarantine; Due process rights of quarantined individuals; Tracking of potential or existing public health emergencies) (standing) (Ex. DUT-DE-004) Open the exhibit

Ex. DUT-DE-005

16 Del. C. §§ 121-129 (Powers and duties of the Department; Effect of regulations and orders; Duty of enforcement; Abatement of nuisances; Threatened epidemics)

Delaware Code, Title 16, Chapter 1, Subchapter II: Powers and Duties of the Department of Health and Social Services

Delaware General Assembly (codified statute), Delaware (State)

Dates
Standing (in force throughout 2020 and 2021)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Business closureQuarantine and isolationStanding dutyOther
Character
sanitary code duty
Grade
Primary source read

Adopt, promulgate, amend, and repeal regulations consistent with law... which shall be enforced by all state and local public health officials, to do all of the following: a. Prevent and control the spread of all diseases that are dangerous to the public health; b. Prevent and control nuisances which are or may be detrimental to the public health

Enforcement: 16 Del. C. § 107(a): fine of $100 to $1,000 per violation of a Department regulation or order (Ex. DUT-DE-006); § 127(b): fine on any officer who fails to enforce

Citation: Delaware General Assembly (codified statute), 16 Del. C. §§ 121-129 (Powers and duties of the Department; Effect of regulations and orders; Duty of enforcement; Abatement of nuisances; Threatened epidemics) (standing) (Ex. DUT-DE-005) Open the exhibit

Ex. DUT-DE-006

16 Del. C. §§ 101-111 (Prosecutions and proceedings for violations; Neglect of duty; penalty; Jurisdiction of offenses)

Delaware Code, Title 16, Chapter 1, Subchapter I: General Provisions

Delaware General Assembly (codified statute), Delaware (State)

Dates
Standing (in force throughout 2020 and 2021)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Standing duty
Character
order penalty
Grade
Primary source read

Whoever refuses, fails or neglects to perform the duties required under this chapter, or violates, neglects or fails to comply with the duly adopted regulations or orders of the Department of Health and Social Services, shall be fined not less than $100 and not more than $1000, together with costs, unless otherwise provided by law.

Enforcement: fine of $100 to $1,000 together with costs per violation (§ 107(a))

Citation: Delaware General Assembly (codified statute), 16 Del. C. §§ 101-111 (Prosecutions and proceedings for violations; Neglect of duty; penalty; Jurisdiction of offenses) (standing) (Ex. DUT-DE-006) Open the exhibit

Ex. DUT-DE-007

16 DE Admin. Code 4202, Control of Communicable and Other Disease Conditions (current codification, with amendment history)

16 DE Admin. Code 4202: Control of Communicable and Other Disease Conditions

Department of Health and Social Services, Division of Public Health (regulation), Delaware (State)

Dates
Standing (in force throughout 2020 and 2021 (the Feb. 1, 2020 text, Ex. DUT-DE-019, governed from Feb. 11, 2020; the Feb. 1, 2021 amendment governed from that date))
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Schools and child careHealth care ordersQuarantine and isolationStanding duty
Character
sanitary code duty
Grade
Primary source read

A person subject to isolation or quarantine shall obey the Division's rules and orders, shall not go beyond the isolation or quarantine premises, and shall not put themselves in contact with any person not subject to isolation or quarantine

Enforcement: 16 Del. C. § 107(a): fine of $100 to $1,000 per violation of a DHSS regulation (Ex. DUT-DE-006); enforcement by all State and local officers under 16 Del. C. § 127(a) (Ex. DUT-DE-005)

Citation: Department of Health and Social Services, Division of Public Health (regulation), 16 DE Admin. Code 4202, Control of Communicable and Other Disease Conditions (current codification, with amendment history) (standing) (Ex. DUT-DE-007) Open the exhibit

Ex. DUT-DE-008

16 DE Admin. Code 4458, State of Delaware Food Code (effective Aug. 11, 2020; adopting the U.S. Public Health Service 2017 Food Code with Delaware amendments)

16 DE Admin. Code 4458: State of Delaware Food Code Regulations

Department of Health and Social Services, Division of Public Health, Office of Food Protection (regulation), Delaware (State)

Dates
Standing (2020-08-11 (prior issue in force before that date))
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Workplace rulesStanding dutyOperating condition
Character
sanitary code duty
Grade
Primary source read

The State of Delaware Food Code shall be effective August 11, 2020.... 2.1 The State of Delaware Food Code adopts, as if fully set forth herein, the United States Public Health Service 2017 Food Code

Enforcement: permit suspension and closure under the adopted Food Code; 16 Del. C. § 107(a) fine of $100 to $1,000 per violation (Ex. DUT-DE-006)

Citation: Department of Health and Social Services, Division of Public Health, Office of Food Protection (regulation), 16 DE Admin. Code 4458, State of Delaware Food Code (effective Aug. 11, 2020; adopting the U.S. Public Health Service 2017 Food Code with Delaware amendments) (standing) (Ex. DUT-DE-008) Open the exhibit

Ex. DUT-DE-009

Delaware's Reopening, Phase 2 (June 15, 2020): General Guidance for Individuals and Businesses and Industry Guidance

Delaware's Reopening: Phase 2, June 15, 2020 (Governor John Carney; de.gov/economy)

Governor John C. Carney (Office of the Governor, with the Division of Small Business and the Division of Public Health), Delaware (State)

Dates
Standing (2020-06-15 8:00 a.m. (with the Twenty-First Modification))
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Telework mandateCapacity limitFace-covering requirementWorkplace rulesOperating condition
Character
guidance incorporated
Grade
Primary source read

Businesses are responsible to follow the Responsibilities for all Businesses, set forth in the State of Emergency Order.... Employees who are symptomatic must not physically return to work until cleared by DPH.... Employers are encouraged to continue teleworking.

Enforcement: violation of the incorporating Modification: criminal offense under 20 Del. C. § 3125 (recited in Ex. DE-025 ¶ 8); DPH inspection, closure, occupancy restrictions and administrative penalties (Ex. DE-031 § A.5; Exs. DUT-DE-011, DUT-DE-014)

Citation: Governor John C. Carney (Office of the Governor, with the Division of Small Business and the Division of Public Health), Delaware's Reopening, Phase 2 (June 15, 2020): General Guidance for Individuals and Businesses and Industry Guidance (Ex. DUT-DE-009) Open the exhibit

Ex. DUT-DE-010

Division of Small Business, COVID-19 posters for businesses (required signage pack: face covering, social distancing, hand hygiene)

DSB COVID-19 Posters (business signage required by the Phase 1 and Phase 2 Responsibilities of all Businesses)

Delaware Division of Small Business, Delaware (State)

Dates
Standing (2020-06-01 (Phase 1))
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Face-covering requirementWorkplace rulesOperating condition
Character
guidance incorporated
Grade
Confirmed from a secondary source

Enforcement: as for the incorporating Modification (20 Del. C. § 3125; DPH administrative penalties)

Citation: Delaware Division of Small Business, Division of Small Business, COVID-19 posters for businesses (required signage pack: face covering, social distancing, hand hygiene) (May 31, 2020) (Ex. DUT-DE-010) Open the exhibit

Ex. DUT-DE-011

DPH Enforcement Actions: COVID-19 Enforcement Actions (administrative penalty letters and cease-and-desist notices to businesses, Aug.-Dec. 2020)

DPH Enforcement Actions - COVID-19 Enforcement Actions (Delaware Health and Social Services)

Department of Health and Social Services, Division of Public Health (Public Health Authority), Delaware (State)

Dates
Standing (2020-08-14 (first listed action))
Quarters
2020 Q32020 Q4
Limitations
Capacity limitFace-covering requirementWorkplace rulesOperating condition
Character
order penalty
Grade
Primary source read

COVID-19 Enforcement Actions... 12/10/2020 - Public Health Issues Administrative Penalty to Allison's CardSmart in Milford... 10/13/2020 - Public Health Issues Administrative Penalty to Atlantic Sands Hotel in Rehoboth... 09/04/2020 - Public Health Issues Administrative Penalty to Drop Squad in Wilmington

Enforcement: administrative penalty letters; cease and desist; closure pending a DPH-approved reopening plan

Citation: Department of Health and Social Services, Division of Public Health (Public Health Authority), DPH Enforcement Actions: COVID-19 Enforcement Actions (administrative penalty letters and cease-and-desist notices to businesses, Aug.-Dec. 2020) (Dec. 22, 2020) (Ex. DUT-DE-011) Open the exhibit

Ex. DUT-DE-012

Opinion, In re COVID-Related Restrictions on Religious Services, No. 354, 2023 (Del. Aug. 1, 2024) (affirming the Court of Chancery, C.A. No. 2021-1036, and the Superior Court, C.A. No. N23C-01-123)

In re COVID-Related Restrictions on Religious Services (Del. Aug. 1, 2024)

Supreme Court of Delaware (Seitz, C.J.; Valihura, Traynor, LeGrow and Griffiths, JJ., en banc), Delaware (Court)

Dates
Standing (2024-08-01)
Limitations
Business closureGathering capStanding duty
Character
adjudication
Grade
Primary source read

The Fourth Modification stated that it had "the force and effect of law," and that "[a]ny failure to comply with [its] provisions... constitutes a criminal offense."

Enforcement: criminal offense under 20 Del. C. § 3125 (as recited in the orders and in the opinion)

Citation: Supreme Court of Delaware (Seitz, C.J.; Valihura, Traynor, LeGrow and Griffiths, JJ., en banc), Opinion, In re COVID-Related Restrictions on Religious Services, No. 354, 2023 (Del. Aug. 1, 2024) (affirming the Court of Chancery, C.A. No. 2021-1036, and the Superior Court, C.A. No. N23C-01-123) (standing) (Ex. DUT-DE-012) Open the exhibit

Ex. DUT-DE-013

19 Del. C. §§ 105-107 (Powers and duties of the Department of Labor; Rules relating to accidents and industrial diseases; Inspection of records; duty to furnish information)

Delaware Code, Title 19, Chapter 1: Department of Labor

Delaware General Assembly (codified statute), Delaware (State)

Dates
Standing (in force throughout 2020 and 2021)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Workplace rulesStanding duty
Character
workplace duty
Grade
Primary source read

The Department may make, modify and repeal rules for the prevention of accidents or of industrial or occupational diseases in every employment or place of employment or such rules for the construction, repair and maintenance of places of employment as shall render them safe. Such rules when made shall have the force and effect of law and shall be enforced in the same manner as this chapter.

Enforcement: 19 Del. C. § 107(b): penalty for hindering the Department or refusing admission (text in the exhibit)

Citation: Delaware General Assembly (codified statute), 19 Del. C. §§ 105-107 (Powers and duties of the Department of Labor; Rules relating to accidents and industrial diseases; Inspection of records; duty to furnish information) (standing) (Ex. DUT-DE-013) Open the exhibit

Ex. DUT-DE-014

Release, 'Governor Carney Announces Additional COVID-19 Restrictions to Confront Winter Surge' (Dec. 10, 2020), announcing the zero-tolerance enforcement policy for businesses effective Dec. 14, 2020

Governor Carney Announces Additional COVID-19 Restrictions to Confront Winter Surge (State of Delaware News, Dec. 10, 2020)

Governor John C. Carney and the Delaware Division of Public Health (Office of the Governor release), Delaware (State)

Dates
Standing (2020-12-14 (with the Fourth Revision, Ex. DE-033))
Quarters
2020 Q42021 Q12021 Q2
Limitations
Stay-at-homeCapacity limitFace-covering requirementCurfew and hoursOperating condition
Character
agency position statement
Grade
Primary source read

Governor Carney and the Delaware Division of Public Health (DPH) also on Thursday announced a zero-tolerance enforcement policy for businesses during the Stay-at-Home advisory. A first violation of COVID-19 restrictions will result in an immediate civil fine. A second violation will result in closure, until the establishment submits a reopening plan approved by DPH.

Enforcement: immediate civil fine (first violation); closure until a DPH-approved reopening plan (second violation)

Citation: Governor John C. Carney and the Delaware Division of Public Health (Office of the Governor release), Release, 'Governor Carney Announces Additional COVID-19 Restrictions to Confront Winter Surge' (Dec. 10, 2020), announcing the zero-tolerance enforcement policy for businesses effective Dec. 14, 2020 (Ex. DUT-DE-014) Open the exhibit

Ex. DUT-DE-015

Phase 1: June 1 - June 14, 2020 (State reopening page restating the Phase 1 Reopen Plan guidance for businesses, the May 1, 2020 face-covering duties of businesses, and the employer exposure-control plan guidance)

Phase 1: June 1 - June 14, 2020 - Delaware's Coronavirus Official Website

State of Delaware (coronavirus.delaware.gov, the State's official COVID-19 site; Division of Small Business and Division of Public Health guidance), Delaware (State)

Dates
Standing (2020-06-01 8:00 a.m. (Phase 1); the face-covering duties from 2020-05-01 8:00 a.m.)
Quarters
2020 Q2
Limitations
Capacity limitFace-covering requirementWorkplace rulesOperating condition
Character
guidance incorporated
Grade
Primary source read

Effective 8:00 a.m. on Friday, May 1, businesses must: Require employees to wear a face covering while working in areas open to the public and in areas where coming within 6 feet of other staff is likely. Provide, at the business' expense, face coverings and hand sanitizer for their employees. Deny entry to individuals who do not have a face covering

Enforcement: as for the incorporating Modification (20 Del. C. § 3125, recited in Ex. DE-024 ¶ 4; DPH enforcement)

Citation: State of Delaware (coronavirus.delaware.gov, the State's official COVID-19 site; Division of Small Business and Division of Public Health guidance), Phase 1: June 1 - June 14, 2020 (State reopening page restating the Phase 1 Reopen Plan guidance for businesses, the May 1, 2020 face-covering duties of businesses, and the employer exposure-control plan guidance) (June 1, 2020) (Ex. DUT-DE-015) Open the exhibit

Ex. DUT-DE-016

Phase 2: June 15, 2020 (State reopening page restating the 'Phase 2 Responsibilities of all Businesses' and linking the Phase 2 General Guidance, industry guidance and DPH food-establishment requirements)

Phase 2: June 15, 2020 - Delaware's Coronavirus Official Website (as captured July 1, 2020)

State of Delaware (coronavirus.delaware.gov; Division of Small Business and Division of Public Health guidance), Delaware (State)

Dates
Standing (2020-06-15 8:00 a.m.)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Capacity limitGathering capFace-covering requirementWorkplace rulesOperating condition
Character
guidance incorporated
Grade
Primary source read

Phase 2 Responsibilities of all Businesses: in addition to the industry-specific guidance issued to businesses in the Phase 2 Reopen Plan... a. All employees, patrons, and visitors must wear cloth face coverings in accordance with the Thirteenth Modification... b. Businesses must monitor patrons and visitors entering a business, in lines, and ensure social distancing

Enforcement: as for the incorporating Modification (20 Del. C. § 3125, recited in Ex. DE-025 ¶ 8; DPH inspection, closure and administrative penalties, Ex. DE-031 § A.5)

Citation: State of Delaware (coronavirus.delaware.gov; Division of Small Business and Division of Public Health guidance), Phase 2: June 15, 2020 (State reopening page restating the 'Phase 2 Responsibilities of all Businesses' and linking the Phase 2 General Guidance, industry guidance and DPH food-establishment requirements) (Ex. DUT-DE-016) Open the exhibit

Ex. DUT-DE-017

Reopening Phase II Requirements for Food Establishments (Revised 6.15.2020)

DPH, Reopening Phase II Requirements for Food Establishments (Revised June 15, 2020)

Division of Public Health, Office of Food Protection (Department of Health and Social Services), Delaware (State)

Dates
Standing (2020-06-15 8:00 a.m.)
Quarters
2020 Q22020 Q32020 Q4
Limitations
Capacity limitFace-covering requirementWorkplace rulesOperating condition
Character
guidance incorporated
Grade
Primary source read

6. Must ensure the total number of guests within a facility never exceeds 60% of the Delaware Fire Code Occupancy.... 13. Must adhere to all Food Code regulations... 14. Every restaurant is expected to have its own reopening plan and must follow DPH guidance

Enforcement: Food Code permit actions; DPH administrative penalties and closure (Ex. DUT-DE-011); 20 Del. C. § 3125 through the incorporating Modification

Citation: Division of Public Health, Office of Food Protection (Department of Health and Social Services), Reopening Phase II Requirements for Food Establishments (Revised 6.15.2020) (June 15, 2020) (Ex. DUT-DE-017) Open the exhibit

Ex. DUT-DE-018

29 U.S.C. § 654(a)(1) (general duty clause) and (a)(2), (b)

29 U.S.C. § 654: Duties of employers and employees

United States Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596), United States (applies directly in Delaware, a federal-OSHA State with no approved State plan) (Federal)

Dates
Standing (1971-04-28)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Workplace rulesStanding duty
Character
workplace duty
Grade
Primary source read

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

Enforcement: 29 U.S.C. § 666 civil and criminal penalties; OSHA citations (e.g., Exs. AGY-FED-LABOR-IMMIGRATION-031, -032, -095)

Citation: United States Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596), 29 U.S.C. § 654(a)(1) (general duty clause) and (a)(2), (b) (standing) (Ex. DUT-DE-018) Open the exhibit

Ex. DUT-DE-019

Final Order, 23 DE Reg. 665 (Feb. 1, 2020), adopting the amended 16 DE Admin. Code 4202, Control of Communicable and Other Disease Conditions, with the full regulation text as adopted

Delaware Register of Regulations, 23 DE Reg. 665 (Feb. 1, 2020): Final Order, 4202 Control of Communicable and Other Disease Conditions

Secretary of Health and Social Services (Kara Odom Walker, M.D.) and the Division of Public Health (final order adopting amended regulation), Delaware (State)

Dates
Standing (2020-02-11 ('ten days after publication of the final regulation in the Delaware Register of Regulations'))
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Schools and child careHealth care ordersQuarantine and isolationStanding duty
Character
sanitary code duty
Grade
Primary source read

IT IS ORDERED, that the proposed State of Delaware Regulations Governing Control of Communicable and Other Disease Conditions is adopted and shall become effective February 11, 2020... 6.6.1 A person subject to isolation or quarantine shall obey the Division's rules and orders, shall not go beyond the isolation or quarantine premises

Enforcement: 16 Del. C. § 107(a): fine of $100 to $1,000 per violation of a DHSS regulation (Ex. DUT-DE-006); enforcement by all officers under 16 Del. C. § 127(a) (Ex. DUT-DE-005)

Citation: Secretary of Health and Social Services (Kara Odom Walker, M.D.) and the Division of Public Health (final order adopting amended regulation), Final Order, 23 DE Reg. 665 (Feb. 1, 2020), adopting the amended 16 DE Admin. Code 4202, Control of Communicable and Other Disease Conditions, with the full regulation text as adopted (standing) (Ex. DUT-DE-019) 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 Delaware 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 252 instruments in force for this selection: 26 instruments from the State of Delaware (Governor John C. Carney, Twenty-Third Modification of the Declaration of a State of Emergency (June 30, 2020) (Ex. DE-027); Governor John C. Carney, Twenty-Sixth Modification of the Declaration of a State of Emergency (Sept. 1, 2020) (Ex. DE-030); Trinidad Navarro, Insurance Commissioner, Delaware Department of Insurance, Domestic and Foreign Insurers Bulletin No. 115, Coverage for COVID-19 (Coronavirus) (Mar. 9, 2020) (Ex. DE-065); and 23 more), 19 instruments from the agencies, boards and authorities of Delaware (Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Order Declaring a Judicial Emergency (Mar. 13, 2020) (Ex. AGY-ST-COURTS-021); Delaware Judiciary, for Chief Justice Seitz, Release: Delaware Courts move to Phase 3 of reopening plan, restart jury trials June 1; Chief Justice extends judicial emergency to July 2, 2021 (May 26, 2021) (Ex. AGY-ST-COURTS-029); Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Administrative Order No. 21 (extension of the judicial emergency effective June 3, 2021; Phase 3 from June 1, 2021) (May 26, 2021) (Ex. AGY-ST-COURTS-060); and 16 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 40 standing duties (Delaware General Assembly (codified statute), 20 Del. C. §§ 3115-3117 (General authority of the Governor; Powers; Activation of emergency or disaster response) (standing) (Ex. DUT-DE-001); Delaware General Assembly (codified statute), 20 Del. C. §§ 3121-3130 (Orders, rules and regulations; Enforcement; Penalties; Immunity from civil liability) (standing) (Ex. DUT-DE-002); and 38 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 workforce (Ex. AGY-ST-COURTS-021); IC infection control (Ex. AGY-ST-HEALTH-SUBORDERS-041); CT courts and agencies (Ex. AGY-ST-COURTS-021); HR staffing (Ex. AGY-ST-HEALTH-SUBORDERS-044); CL closings (Ex. AGY-ST-COURTS-021); PM property management (Ex. AGY-ST-COURTS-021); HR hiring (Ex. AGY-ST-HEALTH-SUBORDERS-041); HR hiring and staffing (Ex. AGY-ST-HEALTH-SUBORDERS-042); IN insurers (Ex. DE-009); SC vendors tested (Ex. DE-046).

Step three, the change compelled. Governor John C. Carney, Twenty-Third Modification of the Declaration of a State of Emergency (June 30, 2020) (Ex. DE-027) ordered: "§ A: 'Notwithstanding the provisions of the Twenty-First Modification and the Phase 2 Reopen Plan, effective July 3, 2020 at 8:00 a.m. E.D.T., the following additional restrictions shall apply to taprooms and bar service in [the designated beach-area zip codes]': establishments 'may open the bar to…" Enforcement: 20 Del. C. §§ 3115(b), 3116(9), 3122, 3125 (Modification clause) Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Order Declaring a Judicial Emergency (Mar. 13, 2020) (Ex. AGY-ST-COURTS-021) ordered: "1. Under the authority of 10 Del. C. § 2004, a judicial emergency is declared, to become effective March 16, 2020 at 8:00 a.m. and continuing for 30 days, subject to further review. 2. During the period of judicial emergency, all trial courts in the State shall have the discretion to continue trials…" Enforcement: 10 Del. C. §§ 2004-2009 (judicial emergency powers: venue changes, audiovisual proceedings, suspension and tolling of deadlines, 'such other actions as are… Governor John C. Carney, Twenty-Sixth Modification of the Declaration of a State of Emergency (Sept. 1, 2020) (Ex. DE-030) ordered: "§ C.1: 'Tournaments are not permitted until plans for the tournaments are approved by DPH.' § D: 'Athletes participating in high risk sports and activities must wear a face covering...; All athletes playing indoors must wear face coverings at all times...; Coaches and all staff must wear a face…" Enforcement: 20 Del. C. §§ 3115(b), 3116(9), 3122, 3125 (Modification clause); rescission of plan approval 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. Order Declaring a Judicial Emergency (Ex. AGY-ST-COURTS-021) was in force from Mar. 16, 2020 to July 13, 2021, 13 of the quarter's 92 days; Release: Delaware Courts move to Phase 3 of reopening plan, restart jury trials June 1… (Ex. AGY-ST-COURTS-029) was in force from June 1, 2021 to July 2, 2021, 2 of the quarter's 92 days; Memorandum Regarding Jury Trial Proceedings in the Court of Common Pleas in New Castle… (Ex. AGY-ST-COURTS-042) was in force from July 23, 2021 to Sept. 30, 2021, 70 of the quarter's 92 days. Of the 45 instruments in the quarter's record, 14 were in force on its first day, 29 on its last day and 5 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: 229 records, of which The COVID Project holds the document for 227. The record URL opens the instrument's page in the Library; the exhibit URL opens the document itself where it is held.

ExhibitInstrumentIssuerDateCitationRecord URLExhibit file
Ex. AGY-ST-COURTS-021Order Declaring a Judicial EmergencyChief Justice Collins J. Seitz, Jr., Supreme Court of DelawareMar. 13, 2020Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Order Declaring a Judicial Emergency (Mar. 13, 2020) (Ex. AGY-ST-COURTS-021)/library/AGY-ST-COURTS-021/exhibit/AGY-ST-COURTS-021
Ex. AGY-ST-COURTS-029Release: Delaware Courts move to Phase 3 of reopening plan, restart jury trials June 1; Chief Justice extends judicial emergency to July 2, 2021Delaware Judiciary, for Chief Justice SeitzMay 26, 2021Delaware Judiciary, for Chief Justice Seitz, Release: Delaware Courts move to Phase 3 of reopening plan, restart jury trials June 1; Chief Justice extends judicial emergency to July 2, 2021 (May 26, 2021) (Ex. AGY-ST-COURTS-029)/library/AGY-ST-COURTS-029/exhibit/AGY-ST-COURTS-029
Ex. AGY-ST-COURTS-030Administrative Order 2020-1, In re: Filing Regarding Compliance with the Coronavirus Aid, Relief, and Economic Security Act ('CARES Act')Superior Court of the State of DelawareJuly 21, 2020Superior Court of the State of Delaware, Administrative Order 2020-1, In re: Filing Regarding Compliance with the Coronavirus Aid, Relief, and Economic Security Act ('CARES Act') (July 21, 2020) (Ex. AGY-ST-COURTS-030)/library/AGY-ST-COURTS-030/exhibit/AGY-ST-COURTS-030
Ex. AGY-ST-COURTS-040Release: Delaware Courts to lift judicial emergency on July 13, 2021 and lift mask mandate for the fully vaccinated on July 1, 2021Delaware Judiciary, for Chief Justice SeitzJune 29, 2021Delaware Judiciary, for Chief Justice Seitz, Release: Delaware Courts to lift judicial emergency on July 13, 2021 and lift mask mandate for the fully vaccinated on July 1, 2021 (June 29, 2021) (Ex. AGY-ST-COURTS-040)/library/AGY-ST-COURTS-040/exhibit/AGY-ST-COURTS-040
Ex. AGY-ST-COURTS-041Release: Delaware Courts to restore mask mandate on Monday, August 16, 2021 to combat the COVID-19 Delta variant; Chief Justice also orders mandatory weekly…Delaware Judiciary, for Chief Justice Seitz ('as administrative head of all state courts')Aug. 11, 2021Delaware Judiciary, for Chief Justice Seitz ('as administrative head of all state courts'), Release: Delaware Courts to restore mask mandate on Monday, August 16, 2021 to combat the COVID-19 Delta variant; Chief Justice also orders mandatory weekly COVID testing for all unvaccinated court employees (Aug. 11, 2021) (Ex. AGY-ST-COURTS-041)/library/AGY-ST-COURTS-041/exhibit/AGY-ST-COURTS-041
Ex. AGY-ST-COURTS-042Memorandum Regarding Jury Trial Proceedings in the Court of Common Pleas in New Castle CountyCourt of Common Pleas for the State of Delaware (New Castle County)July 23, 2021Court of Common Pleas for the State of Delaware (New Castle County), Memorandum Regarding Jury Trial Proceedings in the Court of Common Pleas in New Castle County (July 23, 2021) (Ex. AGY-ST-COURTS-042)/library/AGY-ST-COURTS-042/exhibit/AGY-ST-COURTS-042
Ex. AGY-ST-COURTS-060Administrative Order No. 21 (extension of the judicial emergency effective June 3, 2021; Phase 3 from June 1, 2021)Chief Justice Collins J. Seitz, Jr., Supreme Court of DelawareMay 26, 2021Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Administrative Order No. 21 (extension of the judicial emergency effective June 3, 2021; Phase 3 from June 1, 2021) (May 26, 2021) (Ex. AGY-ST-COURTS-060)/library/AGY-ST-COURTS-060/exhibit/AGY-ST-COURTS-060
Ex. AGY-ST-COURTS-061Administrative Order No. 22 (extension of the judicial emergency until 8:00 a.m. July 13, 2021)Chief Justice Collins J. Seitz, Jr., Supreme Court of DelawareJune 29, 2021Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Administrative Order No. 22 (extension of the judicial emergency until 8:00 a.m. July 13, 2021) (June 29, 2021) (Ex. AGY-ST-COURTS-061)/library/AGY-ST-COURTS-061/exhibit/AGY-ST-COURTS-061
Ex. AGY-ST-COURTS-062Administrative Order of August 11, 2021 (universal masking in judicial facilities; weekly testing of unvaccinated judicial officers and employees)Chief Justice Collins J. Seitz, Jr., Supreme Court of DelawareAug. 11, 2021Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Administrative Order of August 11, 2021 (universal masking in judicial facilities; weekly testing of unvaccinated judicial officers and employees) (Aug. 11, 2021) (Ex. AGY-ST-COURTS-062)/library/AGY-ST-COURTS-062/exhibit/AGY-ST-COURTS-062
Ex. AGY-ST-HEALTH-SUBORDERS-041Emergency Secretary's Order amending 16 DE Admin. Code 4407 Hospital Standards (Construction, Maintenance, and Operation), Section 6.0 (25 DE Reg. 350 (Oct. 1…Molly K. Magarik, Cabinet Secretary, Department of Health and Social ServicesSept. 10, 2021Molly K. Magarik, Cabinet Secretary, Department of Health and Social Services, Emergency Secretary's Order amending 16 DE Admin. Code 4407 Hospital Standards (Construction, Maintenance, and Operation), Section 6.0 (25 DE Reg. 350 (Oct. 1, 2021)) (Sept. 10, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-041)/library/AGY-ST-HEALTH-SUBORDERS-041/exhibit/AGY-ST-HEALTH-SUBORDERS-041
Ex. AGY-ST-HEALTH-SUBORDERS-042Emergency Secretary's Order amending 16 DE Admin. Code 4406 Home Health Agencies--Aide Only (Licensure) (25 DE Reg. 348 (Oct. 1, 2021))Molly K. Magarik, Cabinet Secretary, DHSSAug. 10, 2021Molly K. Magarik, Cabinet Secretary, DHSS, Emergency Secretary's Order amending 16 DE Admin. Code 4406 Home Health Agencies--Aide Only (Licensure) (25 DE Reg. 348 (Oct. 1, 2021)) (Aug. 10, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-042)/library/AGY-ST-HEALTH-SUBORDERS-042/exhibit/AGY-ST-HEALTH-SUBORDERS-042
Ex. AGY-ST-HEALTH-SUBORDERS-043Emergency Secretary's Order amending 16 DE Admin. Code 4410 Skilled Home Health Agencies (Licensure) (25 DE Reg. 354 (Oct. 1, 2021))Molly K. Magarik, Cabinet Secretary, DHSSSept. 10, 2021Molly K. Magarik, Cabinet Secretary, DHSS, Emergency Secretary's Order amending 16 DE Admin. Code 4410 Skilled Home Health Agencies (Licensure) (25 DE Reg. 354 (Oct. 1, 2021)) (Sept. 10, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-043)/library/AGY-ST-HEALTH-SUBORDERS-043/exhibit/AGY-ST-HEALTH-SUBORDERS-043
Ex. AGY-ST-HEALTH-SUBORDERS-044Emergency Secretary's Order amending 16 DE Admin. Code 4468 Delivery of Hospice Services, Section 7.0 (25 DE Reg. 357 (Oct. 1, 2021))Molly K. Magarik, Cabinet Secretary, DHSSSept. 10, 2021Molly K. Magarik, Cabinet Secretary, DHSS, Emergency Secretary's Order amending 16 DE Admin. Code 4468 Delivery of Hospice Services, Section 7.0 (25 DE Reg. 357 (Oct. 1, 2021)) (Sept. 10, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-044)/library/AGY-ST-HEALTH-SUBORDERS-044/exhibit/AGY-ST-HEALTH-SUBORDERS-044
Ex. AGY-ST-HEALTH-SUBORDERS-045Emergency Secretary's Order amending 16 DE Admin. Code 3345 Personal Assistance Services Agencies, Section 9.0 (25 DE Reg. 339 (Oct. 1, 2021))Molly K. Magarik, Cabinet Secretary, DHSSSept. 10, 2021Molly K. Magarik, Cabinet Secretary, DHSS, Emergency Secretary's Order amending 16 DE Admin. Code 3345 Personal Assistance Services Agencies, Section 9.0 (25 DE Reg. 339 (Oct. 1, 2021)) (Sept. 10, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-045)/library/AGY-ST-HEALTH-SUBORDERS-045/exhibit/AGY-ST-HEALTH-SUBORDERS-045
Ex. AGY-ST-HEALTH-SUBORDERS-046Emergency Secretary's Order amending 16 DE Admin. Code 4402 Regulations for Adult Day Care Facilities, Section 16.0 (25 DE Reg. 341 (Oct. 1, 2021))Molly K. Magarik, Cabinet Secretary, DHSSSept. 10, 2021Molly K. Magarik, Cabinet Secretary, DHSS, Emergency Secretary's Order amending 16 DE Admin. Code 4402 Regulations for Adult Day Care Facilities, Section 16.0 (25 DE Reg. 341 (Oct. 1, 2021)) (Sept. 10, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-046)/library/AGY-ST-HEALTH-SUBORDERS-046/exhibit/AGY-ST-HEALTH-SUBORDERS-046
Ex. AGY-ST-HEALTH-SUBORDERS-047Emergency Secretary's Order amending 16 DE Admin. Code 4405 Free Standing Surgical Centers (25 DE Reg. 346 (Oct. 1, 2021))Molly K. Magarik, Cabinet Secretary, DHSSSept. 8, 2021Molly K. Magarik, Cabinet Secretary, DHSS, Emergency Secretary's Order amending 16 DE Admin. Code 4405 Free Standing Surgical Centers (25 DE Reg. 346 (Oct. 1, 2021)) (Sept. 8, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-047)/library/AGY-ST-HEALTH-SUBORDERS-047/exhibit/AGY-ST-HEALTH-SUBORDERS-047
Ex. AGY-ST-HEALTH-SUBORDERS-048Emergency Secretary's Order amending 16 DE Admin. Code 3330 Regulations Governing Dialysis Centers (25 DE Reg. 333 (Oct. 1, 2021))Molly K. Magarik, Cabinet Secretary, DHSSSept. 8, 2021Molly K. Magarik, Cabinet Secretary, DHSS, Emergency Secretary's Order amending 16 DE Admin. Code 3330 Regulations Governing Dialysis Centers (25 DE Reg. 333 (Oct. 1, 2021)) (Sept. 8, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-048)/library/AGY-ST-HEALTH-SUBORDERS-048/exhibit/AGY-ST-HEALTH-SUBORDERS-048
Ex. AGY-ST-HEALTH-SUBORDERS-049Emergency Secretary's Order amending 16 DE Admin. Code 3335 Office-Based Surgery (25 DE Reg. 335 (Oct. 1, 2021))Molly K. Magarik, Cabinet Secretary, DHSSSept. 8, 2021Molly K. Magarik, Cabinet Secretary, DHSS, Emergency Secretary's Order amending 16 DE Admin. Code 3335 Office-Based Surgery (25 DE Reg. 335 (Oct. 1, 2021)) (Sept. 8, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-049)/library/AGY-ST-HEALTH-SUBORDERS-049/exhibit/AGY-ST-HEALTH-SUBORDERS-049
Ex. AGY-ST-HEALTH-SUBORDERS-050Emergency Secretary's Order amending 16 DE Admin. Code 3340 Free Standing Emergency Departments (25 DE Reg. 337 (Oct. 1, 2021))Molly K. Magarik, Cabinet Secretary, DHSSSept. 8, 2021Molly K. Magarik, Cabinet Secretary, DHSS, Emergency Secretary's Order amending 16 DE Admin. Code 3340 Free Standing Emergency Departments (25 DE Reg. 337 (Oct. 1, 2021)) (Sept. 8, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-050)/library/AGY-ST-HEALTH-SUBORDERS-050/exhibit/AGY-ST-HEALTH-SUBORDERS-050
Ex. DE-001Declaration of a State of Emergency for the State of Delaware Due to a Public Health ThreatGovernor John C. CarneyMar. 12, 2020Governor John C. Carney, Declaration of a State of Emergency for the State of Delaware Due to a Public Health Threat (Mar. 12, 2020) (Ex. DE-001)/library/DE-001/exhibit/DE-001
Ex. DE-005Fourth Modification of the Declaration of a State of EmergencyGovernor John C. CarneyMar. 22, 2020Governor John C. Carney, Fourth Modification of the Declaration of a State of Emergency (Mar. 22, 2020) (Ex. DE-005)/library/DE-005/exhibit/DE-005
Ex. DE-009Sixth Modification of the Declaration of a State of EmergencyGovernor John C. CarneyMar. 24, 2020Governor John C. Carney, Sixth Modification of the Declaration of a State of Emergency (Mar. 24, 2020) (Ex. DE-009)/library/DE-009/exhibit/DE-009
Ex. DE-012Ninth Modification of the Declaration of a State of EmergencyGovernor John C. CarneyApr. 1, 2020Governor John C. Carney, Ninth Modification of the Declaration of a State of Emergency (Apr. 1, 2020) (Ex. DE-012)/library/DE-012/exhibit/DE-012
Ex. DE-015Eleventh Modification of the Declaration of a State of Emergency (Apr. 15, 2020), sec. BGovernor John C. CarneyApr. 15, 2020Governor John C. Carney, Eleventh Modification of the Declaration of a State of Emergency (Apr. 15, 2020), sec. B (Ex. DE-015)/library/DE-015/exhibit/DE-015
Ex. DE-016Twelfth Modification of the Declaration of a State of EmergencyGovernor John C. CarneyApr. 23, 2020Governor John C. Carney, Twelfth Modification of the Declaration of a State of Emergency (Apr. 23, 2020) (Ex. DE-016)/library/DE-016/exhibit/DE-016
Ex. DE-025Twenty-First Modification of the Declaration of a State of EmergencyGovernor John C. CarneyJune 14, 2020Governor John C. Carney, Twenty-First Modification of the Declaration of a State of Emergency (June 14, 2020) (Ex. DE-025)/library/DE-025/exhibit/DE-025
Ex. DE-027Twenty-Third Modification of the Declaration of a State of EmergencyGovernor John C. CarneyJune 30, 2020Governor John C. Carney, Twenty-Third Modification of the Declaration of a State of Emergency (June 30, 2020) (Ex. DE-027)/library/DE-027/exhibit/DE-027
Ex. DE-029Twenty-Fifth Modification of the Declaration of a State of EmergencyGovernor John C. CarneyAug. 26, 2020Governor John C. Carney, Twenty-Fifth Modification of the Declaration of a State of Emergency (Aug. 26, 2020) (Ex. DE-029)/library/DE-029/exhibit/DE-029
Ex. DE-030Twenty-Sixth Modification of the Declaration of a State of EmergencyGovernor John C. CarneySept. 1, 2020Governor John C. Carney, Twenty-Sixth Modification of the Declaration of a State of Emergency (Sept. 1, 2020) (Ex. DE-030)/library/DE-030/exhibit/DE-030
Ex. DE-031Twenty-Seventh Modification of the Declaration of a State of Emergency (the 'Omnibus Modification')Governor John C. CarneySept. 3, 2020Governor John C. Carney, Twenty-Seventh Modification of the Declaration of a State of Emergency (the 'Omnibus Modification') (Sept. 3, 2020) (Ex. DE-031)/library/DE-031/exhibit/DE-031
Ex. DE-037Twenty-Eighth Modification of the Declaration of a State of EmergencyGovernor John C. CarneyMay 12, 2021Governor John C. Carney, Twenty-Eighth Modification of the Declaration of a State of Emergency (May 12, 2021) (Ex. DE-037)/library/DE-037/exhibit/DE-037
Ex. DE-038Twenty-Ninth Modification of the Declaration of a State of EmergencyGovernor John C. CarneyMay 18, 2021Governor John C. Carney, Twenty-Ninth Modification of the Declaration of a State of Emergency (May 18, 2021) (Ex. DE-038)/library/DE-038/exhibit/DE-038
Ex. DE-039First Revision of the Twenty-Ninth Modification of the Declaration of a State of EmergencyGovernor John C. CarneyJune 15, 2021Governor John C. Carney, First Revision of the Twenty-Ninth Modification of the Declaration of a State of Emergency (June 15, 2021) (Ex. DE-039)/library/DE-039/exhibit/DE-039
Ex. DE-040Termination of State of Emergency for the State of Delaware Due to a Public Health ThreatGovernor John C. CarneyJuly 12, 2021Governor John C. Carney, Termination of State of Emergency for the State of Delaware Due to a Public Health Threat (July 12, 2021) (Ex. DE-040)/library/DE-040/exhibit/DE-040
Ex. DE-041Declaration of a Public Health Emergency for the State of DelawareGovernor John C. CarneyJuly 12, 2021Governor John C. Carney, Declaration of a Public Health Emergency for the State of Delaware (July 12, 2021) (Ex. DE-041)/library/DE-041/exhibit/DE-041
Ex. DE-042Extension of Declaration of a Public Health Emergency (First Extension)Governor John C. CarneyAug. 10, 2021Governor John C. Carney, Extension of Declaration of a Public Health Emergency (First Extension) (Aug. 10, 2021) (Ex. DE-042)/library/DE-042/exhibit/DE-042
Ex. DE-043Second Extension of Declaration of a Public Health EmergencyGovernor John C. CarneySept. 8, 2021Governor John C. Carney, Second Extension of Declaration of a Public Health Emergency (Sept. 8, 2021) (Ex. DE-043)/library/DE-043/exhibit/DE-043
Ex. DE-044Emergency Secretary's Order amending 16 Del. Admin. C. § 4202, Control of Communicable and Other Disease Conditions, § 7.7 (COVID-19 Mitigation and Prevention)Molly K. Magarik, Secretary, Department of Health and Social ServicesAug. 13, 2021Molly K. Magarik, Secretary, Department of Health and Social Services, Emergency Secretary's Order amending 16 Del. Admin. C. § 4202, Control of Communicable and Other Disease Conditions, § 7.7 (COVID-19 Mitigation and Prevention) (Aug. 13, 2021) (Ex. DE-044)/library/DE-044/exhibit/DE-044
Ex. DE-045Emergency Order amending 14 DE Admin. Code 933, DELACARE: Regulations for Early Care and Education and School-Age Centers, § 5.3Susan S. Bunting, Ed.D., Secretary of Education, Department of Education (Office of Child Care Licensing)Aug. 13, 2021Susan S. Bunting, Ed.D., Secretary of Education, Department of Education (Office of Child Care Licensing), Emergency Order amending 14 DE Admin. Code 933, DELACARE: Regulations for Early Care and Education and School-Age Centers, § 5.3 (Aug. 13, 2021) (Ex. DE-045)/library/DE-045/exhibit/DE-045
Ex. DE-046Emergency Secretary's Order amending 16 DE Admin. Code 4406, Home Health Agencies--Aide Only (Licensure), §§ 11.4-11.5Molly K. Magarik, Cabinet Secretary, Department of Health and Social Services (Division of Health Care Quality)Sept. 10, 2021Molly K. Magarik, Cabinet Secretary, Department of Health and Social Services (Division of Health Care Quality), Emergency Secretary's Order amending 16 DE Admin. Code 4406, Home Health Agencies--Aide Only (Licensure), §§ 11.4-11.5 (Sept. 10, 2021) (Ex. DE-046)/library/DE-046/exhibit/DE-046
Ex. DE-047Emergency Secretary's Order amending 16 DE Admin. Code 4407, Hospital Standards (Construction, Maintenance, and Operation), §§ 6.4-6.5Molly K. Magarik, Cabinet Secretary, Department of Health and Social Services (Division of Health Care Quality)Sept. 10, 2021Molly K. Magarik, Cabinet Secretary, Department of Health and Social Services (Division of Health Care Quality), Emergency Secretary's Order amending 16 DE Admin. Code 4407, Hospital Standards (Construction, Maintenance, and Operation), §§ 6.4-6.5 (Sept. 10, 2021) (Ex. DE-047)/library/DE-047/exhibit/DE-047
Ex. DE-048Joint Practice Order: Joint Order of the Department of Health and Social Services and the Delaware Emergency Management AgencyA.J. Schall, Director, Delaware Emergency Management Agency, and Karyl T. Rattay, M.D., Director, Division of Public HealthJuly 12, 2021A.J. Schall, Director, Delaware Emergency Management Agency, and Karyl T. Rattay, M.D., Director, Division of Public Health, Joint Practice Order: Joint Order of the Department of Health and Social Services and the Delaware Emergency Management Agency (July 12, 2021) (Ex. DE-048)/library/DE-048/exhibit/DE-048
Ex. DE-053Sixteenth Extension of the Declaration of a State of EmergencyGovernor John C. CarneyJune 13, 2021Governor John C. Carney, Sixteenth Extension of the Declaration of a State of Emergency (June 13, 2021) (Ex. DE-053)/library/DE-053/exhibit/DE-053
Ex. DE-055Emergency Secretary's Order amending 16 DE Admin. Code 3345, Personal Assistance Services Agencies, §§ 9.4-9.5Molly K. Magarik, Cabinet Secretary, Department of Health and Social Services (Division of Health Care Quality)Sept. 10, 2021Molly K. Magarik, Cabinet Secretary, Department of Health and Social Services (Division of Health Care Quality), Emergency Secretary's Order amending 16 DE Admin. Code 3345, Personal Assistance Services Agencies, §§ 9.4-9.5 (Sept. 10, 2021) (Ex. DE-055)/library/DE-055/exhibit/DE-055
Ex. DE-061Emergency Secretary's Order amending 16 DE Admin. Code 4406, Home Health Agencies--Aide Only (Licensure), § 11.0 Infection Control (25 Del. Reg. 27 (July 1…Molly K. Magarik, Cabinet Secretary, Department of Health and Social Services (Division of Health Care Quality)June 25, 2021Molly K. Magarik, Cabinet Secretary, Department of Health and Social Services (Division of Health Care Quality), Emergency Secretary's Order amending 16 DE Admin. Code 4406, Home Health Agencies--Aide Only (Licensure), § 11.0 Infection Control (25 Del. Reg. 27 (July 1, 2021)) (June 25, 2021) (Ex. DE-061)/library/DE-061/exhibit/DE-061
Ex. DE-062Emergency Secretary's Order amending 16 DE Admin. Code 4407, Hospital Standards (Construction, Maintenance, and Operation), § 6.0 (25 Del. Reg. 29 (July 1…Molly K. Magarik, Cabinet Secretary, Department of Health and Social Services (Division of Health Care Quality)June 17, 2021Molly K. Magarik, Cabinet Secretary, Department of Health and Social Services (Division of Health Care Quality), Emergency Secretary's Order amending 16 DE Admin. Code 4407, Hospital Standards (Construction, Maintenance, and Operation), § 6.0 (25 Del. Reg. 29 (July 1, 2021)) (June 17, 2021) (Ex. DE-062)/library/DE-062/exhibit/DE-062
Ex. DE-063Emergency Secretary's Order amending 16 DE Admin. Code 3201, Skilled and Intermediate Care Nursing Facilities, § 6.10 Infection Control (25 Del. Reg. 6 (July 1…Molly K. Magarik, Cabinet Secretary, Department of Health and Social Services (Division of Health Care Quality)June 25, 2021Molly K. Magarik, Cabinet Secretary, Department of Health and Social Services (Division of Health Care Quality), Emergency Secretary's Order amending 16 DE Admin. Code 3201, Skilled and Intermediate Care Nursing Facilities, § 6.10 Infection Control (25 Del. Reg. 6 (July 1, 2021)) (June 25, 2021) (Ex. DE-063)/library/DE-063/exhibit/DE-063
Ex. DE-064Governor's and DHSS's announcement, 'COVID-19 Vaccination and Testing Updates for Long-Term Care Facilities, Health Care Facilities, and State Employees'Governor John C. Carney; Department of Health and Social Services; Department of Human ResourcesAug. 12, 2021Governor John C. Carney; Department of Health and Social Services; Department of Human Resources, Governor's and DHSS's announcement, 'COVID-19 Vaccination and Testing Updates for Long-Term Care Facilities, Health Care Facilities, and State Employees' (Aug. 12, 2021) (Ex. DE-064)/library/DE-064/exhibit/DE-064
Ex. DE-065Domestic and Foreign Insurers Bulletin No. 115, Coverage for COVID-19 (Coronavirus)Trinidad Navarro, Insurance Commissioner, Delaware Department of InsuranceMar. 9, 2020Trinidad Navarro, Insurance Commissioner, Delaware Department of Insurance, Domestic and Foreign Insurers Bulletin No. 115, Coverage for COVID-19 (Coronavirus) (Mar. 9, 2020) (Ex. DE-065)/library/DE-065/exhibit/DE-065
Ex. DE-066Emergency Order amending 14 DE Admin. Code 934, DELACARE: Regulations for Family and Large Family Child Care Homes, § 5.3Susan S. Bunting, Ed.D., Secretary of Education, Department of Education (Office of Child Care Licensing)Aug. 13, 2021Susan S. Bunting, Ed.D., Secretary of Education, Department of Education (Office of Child Care Licensing), Emergency Order amending 14 DE Admin. Code 934, DELACARE: Regulations for Family and Large Family Child Care Homes, § 5.3 (Aug. 13, 2021) (Ex. DE-066)/library/DE-066/exhibit/DE-066
Ex. DUT-DE-00120 Del. C. §§ 3115-3117 (General authority of the Governor; Powers; Activation of emergency or disaster response)Delaware General Assembly (codified statute)standingDelaware General Assembly (codified statute), 20 Del. C. §§ 3115-3117 (General authority of the Governor; Powers; Activation of emergency or disaster response) (standing) (Ex. DUT-DE-001)/library/DUT-DE-001/exhibit/DUT-DE-001
Ex. DUT-DE-00220 Del. C. §§ 3121-3130 (Orders, rules and regulations; Enforcement; Penalties; Immunity from civil liability)Delaware General Assembly (codified statute)standingDelaware General Assembly (codified statute), 20 Del. C. §§ 3121-3130 (Orders, rules and regulations; Enforcement; Penalties; Immunity from civil liability) (standing) (Ex. DUT-DE-002)/library/DUT-DE-002/exhibit/DUT-DE-002
Ex. DUT-DE-00320 Del. C. §§ 3131-3147 (Public Health Emergencies: definitions; isolation and quarantine; vaccination and treatment; rules and regulations; liability)Delaware General Assembly (codified statute; enacted by 73 Del. Laws, c. 355 (2002))standingDelaware General Assembly (codified statute; enacted by 73 Del. Laws, c. 355 (2002)), 20 Del. C. §§ 3131-3147 (Public Health Emergencies: definitions; isolation and quarantine; vaccination and treatment; rules and regulations; liability) (standing) (Ex. DUT-DE-003)/library/DUT-DE-003/exhibit/DUT-DE-003
Ex. DUT-DE-00416 Del. C. §§ 501-510 (Report of contagious diseases; Notifiable diseases; Communicable diseases; regulations; quarantine; Due process rights of quarantined…Delaware General Assembly (codified statute)standingDelaware General Assembly (codified statute), 16 Del. C. §§ 501-510 (Report of contagious diseases; Notifiable diseases; Communicable diseases; regulations; quarantine; Due process rights of quarantined individuals; Tracking of potential or existing public health emergencies) (standing) (Ex. DUT-DE-004)/library/DUT-DE-004/exhibit/DUT-DE-004
Ex. DUT-DE-00516 Del. C. §§ 121-129 (Powers and duties of the Department; Effect of regulations and orders; Duty of enforcement; Abatement of nuisances; Threatened epidemics)Delaware General Assembly (codified statute)standingDelaware General Assembly (codified statute), 16 Del. C. §§ 121-129 (Powers and duties of the Department; Effect of regulations and orders; Duty of enforcement; Abatement of nuisances; Threatened epidemics) (standing) (Ex. DUT-DE-005)/library/DUT-DE-005/exhibit/DUT-DE-005
Ex. DUT-DE-00616 Del. C. §§ 101-111 (Prosecutions and proceedings for violations; Neglect of duty; penalty; Jurisdiction of offenses)Delaware General Assembly (codified statute)standingDelaware General Assembly (codified statute), 16 Del. C. §§ 101-111 (Prosecutions and proceedings for violations; Neglect of duty; penalty; Jurisdiction of offenses) (standing) (Ex. DUT-DE-006)/library/DUT-DE-006/exhibit/DUT-DE-006
Ex. DUT-DE-00716 DE Admin. Code 4202, Control of Communicable and Other Disease Conditions (current codification, with amendment history)Department of Health and Social Services, Division of Public Health (regulation)standingDepartment of Health and Social Services, Division of Public Health (regulation), 16 DE Admin. Code 4202, Control of Communicable and Other Disease Conditions (current codification, with amendment history) (standing) (Ex. DUT-DE-007)/library/DUT-DE-007/exhibit/DUT-DE-007
Ex. DUT-DE-00816 DE Admin. Code 4458, State of Delaware Food Code (effective Aug. 11, 2020; adopting the U.S. Public Health Service 2017 Food Code with Delaware amendments)Department of Health and Social Services, Division of Public Health, Office of Food Protection (regulation)standingDepartment of Health and Social Services, Division of Public Health, Office of Food Protection (regulation), 16 DE Admin. Code 4458, State of Delaware Food Code (effective Aug. 11, 2020; adopting the U.S. Public Health Service 2017 Food Code with Delaware amendments) (standing) (Ex. DUT-DE-008)/library/DUT-DE-008/exhibit/DUT-DE-008
Ex. DUT-DE-009Delaware's Reopening, Phase 2 (June 15, 2020): General Guidance for Individuals and Businesses and Industry GuidanceGovernor John C. Carney (Office of the Governor, with the Division of Small Business and the Division of Public Health)standingGovernor John C. Carney (Office of the Governor, with the Division of Small Business and the Division of Public Health), Delaware's Reopening, Phase 2 (June 15, 2020): General Guidance for Individuals and Businesses and Industry Guidance (Ex. DUT-DE-009)/library/DUT-DE-009/exhibit/DUT-DE-009
Ex. DUT-DE-010Division of Small Business, COVID-19 posters for businesses (required signage pack: face covering, social distancing, hand hygiene)Delaware Division of Small BusinessstandingDelaware Division of Small Business, Division of Small Business, COVID-19 posters for businesses (required signage pack: face covering, social distancing, hand hygiene) (May 31, 2020) (Ex. DUT-DE-010)/library/DUT-DE-010/exhibit/DUT-DE-010
Ex. DUT-DE-011DPH Enforcement Actions: COVID-19 Enforcement Actions (administrative penalty letters and cease-and-desist notices to businesses, Aug.-Dec. 2020)Department of Health and Social Services, Division of Public Health (Public Health Authority)standingDepartment of Health and Social Services, Division of Public Health (Public Health Authority), DPH Enforcement Actions: COVID-19 Enforcement Actions (administrative penalty letters and cease-and-desist notices to businesses, Aug.-Dec. 2020) (Dec. 22, 2020) (Ex. DUT-DE-011)/library/DUT-DE-011/exhibit/DUT-DE-011
Ex. DUT-DE-012Opinion, In re COVID-Related Restrictions on Religious Services, No. 354, 2023 (Del. Aug. 1, 2024) (affirming the Court of Chancery, C.A. No. 2021-1036, and the…Supreme Court of Delaware (Seitz, C.J.; Valihura, Traynor, LeGrow and Griffiths, JJ., en banc)standingSupreme Court of Delaware (Seitz, C.J.; Valihura, Traynor, LeGrow and Griffiths, JJ., en banc), Opinion, In re COVID-Related Restrictions on Religious Services, No. 354, 2023 (Del. Aug. 1, 2024) (affirming the Court of Chancery, C.A. No. 2021-1036, and the Superior Court, C.A. No. N23C-01-123) (standing) (Ex. DUT-DE-012)/library/DUT-DE-012/exhibit/DUT-DE-012
Ex. DUT-DE-01319 Del. C. §§ 105-107 (Powers and duties of the Department of Labor; Rules relating to accidents and industrial diseases; Inspection of records; duty to furnish…Delaware General Assembly (codified statute)standingDelaware General Assembly (codified statute), 19 Del. C. §§ 105-107 (Powers and duties of the Department of Labor; Rules relating to accidents and industrial diseases; Inspection of records; duty to furnish information) (standing) (Ex. DUT-DE-013)/library/DUT-DE-013/exhibit/DUT-DE-013
Ex. DUT-DE-014Release, 'Governor Carney Announces Additional COVID-19 Restrictions to Confront Winter Surge' (Dec. 10, 2020), announcing the zero-tolerance enforcement policy…Governor John C. Carney and the Delaware Division of Public Health (Office of the Governor release)standingGovernor John C. Carney and the Delaware Division of Public Health (Office of the Governor release), Release, 'Governor Carney Announces Additional COVID-19 Restrictions to Confront Winter Surge' (Dec. 10, 2020), announcing the zero-tolerance enforcement policy for businesses effective Dec. 14, 2020 (Ex. DUT-DE-014)/library/DUT-DE-014/exhibit/DUT-DE-014
Ex. DUT-DE-015Phase 1: June 1 - June 14, 2020 (State reopening page restating the Phase 1 Reopen Plan guidance for businesses, the May 1, 2020 face-covering duties of…State of Delaware (coronavirus.delaware.gov, the State's official COVID-19 site; Division of Small Business and Division of Public Health guidance)standingState of Delaware (coronavirus.delaware.gov, the State's official COVID-19 site; Division of Small Business and Division of Public Health guidance), Phase 1: June 1 - June 14, 2020 (State reopening page restating the Phase 1 Reopen Plan guidance for businesses, the May 1, 2020 face-covering duties of businesses, and the employer exposure-control plan guidance) (June 1, 2020) (Ex. DUT-DE-015)/library/DUT-DE-015/exhibit/DUT-DE-015
Ex. DUT-DE-016Phase 2: June 15, 2020 (State reopening page restating the 'Phase 2 Responsibilities of all Businesses' and linking the Phase 2 General Guidance, industry…State of Delaware (coronavirus.delaware.gov; Division of Small Business and Division of Public Health guidance)standingState of Delaware (coronavirus.delaware.gov; Division of Small Business and Division of Public Health guidance), Phase 2: June 15, 2020 (State reopening page restating the 'Phase 2 Responsibilities of all Businesses' and linking the Phase 2 General Guidance, industry guidance and DPH food-establishment requirements) (Ex. DUT-DE-016)/library/DUT-DE-016/exhibit/DUT-DE-016
Ex. DUT-DE-017Reopening Phase II Requirements for Food Establishments (Revised 6.15.2020)Division of Public Health, Office of Food Protection (Department of Health and Social Services)standingDivision of Public Health, Office of Food Protection (Department of Health and Social Services), Reopening Phase II Requirements for Food Establishments (Revised 6.15.2020) (June 15, 2020) (Ex. DUT-DE-017)/library/DUT-DE-017/exhibit/DUT-DE-017
Ex. DUT-DE-01829 U.S.C. § 654(a)(1) (general duty clause) and (a)(2), (b)United States Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596)standingUnited States Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596), 29 U.S.C. § 654(a)(1) (general duty clause) and (a)(2), (b) (standing) (Ex. DUT-DE-018)/library/DUT-DE-018/exhibit/DUT-DE-018
Ex. DUT-DE-019Final Order, 23 DE Reg. 665 (Feb. 1, 2020), adopting the amended 16 DE Admin. Code 4202, Control of Communicable and Other Disease Conditions, with the full…Secretary of Health and Social Services (Kara Odom Walker, M.D.) and the Division of Public Health (final order adopting amended regulation)standingSecretary of Health and Social Services (Kara Odom Walker, M.D.) and the Division of Public Health (final order adopting amended regulation), Final Order, 23 DE Reg. 665 (Feb. 1, 2020), adopting the amended 16 DE Admin. Code 4202, Control of Communicable and Other Disease Conditions, with the full regulation text as adopted (standing) (Ex. DUT-DE-019)/library/DUT-DE-019/exhibit/DUT-DE-019
Ex. DUT-FED-00129 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)standingCongress (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-00229 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation)Congress (OSH Act § 11(c))standingCongress (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-00329 C.F.R. 1910.132 (personal protective equipment, general requirements)Occupational Safety and Health Administration (standard promulgated under 29 U.S.C. 655)standingOccupational 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-00429 C.F.R. 1910.134 (respiratory protection)Occupational Safety and Health AdministrationstandingOccupational 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-00529 C.F.R. 1910.141 (sanitation)Occupational Safety and Health AdministrationstandingOccupational 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-00629 C.F.R. part 1904 (recording and reporting occupational injuries and illnesses), §§ 1904.4, 1904.5, 1904.7, 1904.39Occupational Safety and Health AdministrationstandingOccupational 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-00729 C.F.R. 1910.1030 (bloodborne pathogens)Occupational Safety and Health AdministrationstandingOccupational 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-00829 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))standingOccupational 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-009OSHA 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')standingOccupational 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-010Protecting 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))standingOccupational 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-011Protecting Workers guidance, as updated August 13, 2021Occupational Safety and Health AdministrationstandingOccupational 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-013Guidance on Returning to Work (OSHA 4045, June 2020)Occupational Safety and Health AdministrationstandingOccupational 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-015Citation 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)standingOSHA, 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-016Citation 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)standingOSHA, 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-017Citation, Midwest Warehouse and Distribution System Inc., Naperville, IL (general duty clause)OSHA, Naperville/Chicago North Area Office (Inspection No. 1501560)standingOSHA, 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-018Citation, Somerset Dental Group, Glastonbury, CT (respiratory protection)OSHA, Hartford Area Office (Inspection No. 1505094)standingOSHA, 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-019Citation, Wintonbury Care Center, Bloomfield, CT (respiratory protection; reporting)OSHA, Hartford Area Office (Inspection No. 1472908)standingOSHA, 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-020Common COVID-19 Citations: Helping Employers Better Protect Workers and Comply with OSHA Regulations (Nov. 2020)Occupational Safety and Health AdministrationstandingOccupational 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-021Citation, Hackensack Meridian Health Jersey Shore University Medical Center, Neptune, NJ (respiratory protection; recordkeeping)OSHA, Avenel Area Office (Inspection No. 1480762)standingOSHA, 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-022Citation, United States Postal Service, Washington, DC (general duty clause)OSHA, Baltimore/Washington Area Office (Inspection No. 1522210)standingOSHA, 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-02342 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)standingCenters 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-02442 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)standingCenters 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-02542 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)standingCongress (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-026Advisory 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)standingDepartment 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-027Fourth Amendment to the Declaration Under the PREP Act for Medical Countermeasures Against COVID-19 and Republication of the Declaration, 85 Fed. Reg. 79190Secretary of Health and Human Services (Alex M. Azar II)standingSecretary 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-029Safety Alert for Operators (SAFO) 20009, COVID-19: Updated Interim Occupational Health and Safety Guidance for Air Carriers and CrewsFederal Aviation Administration, Flight Standards Service (with the CDC)standingFederal 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-030What 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)standingEqual 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-03142 U.S.C. 12113 (ADA defenses; direct threat)Congress (Americans with Disabilities Act § 103)standingCongress (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-03229 C.F.R. 1630.2(r) (definition of direct threat)Equal Employment Opportunity Commission (regulation)standingEqual 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-03329 C.F.R. 1630.15 (defenses; direct threat as a qualification standard)Equal Employment Opportunity Commission (regulation)standingEqual 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-034Interim 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 PreventionstandingCenters 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-035Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020 (as revised May 6, 2020)Centers for Disease Control and PreventionstandingCenters 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-037Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Relating to COVID-19), March 18, 2020Federal Motor Carrier Safety Administration (Jim Mullen, Acting Administrator)standingFederal 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-060Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the Coronavirus Disease 2019 (COVID-19) Pandemic (updated July 15…Centers for Disease Control and PreventionstandingCenters 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-061Meat 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)standingCenters 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-062Meat 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)standingCenters 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-063Interim 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 PreventionstandingCenters 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-064Considerations for Restaurants and Bars (updated May 27, 2020)Centers for Disease Control and PreventionstandingCenters 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-065Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Mar. 13, 2020)Federal Motor Carrier Safety AdministrationstandingFederal 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-066News 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 releasestandingOccupational 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-067News 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 releasestandingOccupational 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-069News 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)standingOccupational 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-070What 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)standingEqual 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-071What 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)standingEqual 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-072Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (as updated June 10, 2021)Occupational Safety and Health AdministrationstandingOccupational 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-073Secretary 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 RooneystandingOccupational 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-001Proclamation 9994President Donald J. TrumpMar. 13, 2020President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)/library/FED-001/exhibit/FED-001
Ex. FED-006Emergency 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, 2020President 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-007Memorandum of January 21, 2021President Joseph R. Biden, Jr. (memorandum to the Secretary of Defense and the Secretary of Homeland Security)Jan. 21, 2021President 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-008Memorandum of February 2, 2021President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator)Feb. 2, 2021President 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-009Memorandum of August 17, 2021President Joseph R. Biden, Jr.Aug. 17, 2021President Joseph R. Biden, Jr, Memorandum of August 17, 2021 (Aug. 17, 2021) (Ex. FED-009)/library/FED-009/exhibit/FED-009
Ex. FED-010Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel CoronavirusAlex M. Azar II, Secretary of Health and Human ServicesJan. 31, 2020Alex 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-015Renewal of Determination that a Public Health Emergency Exists (April 15, 2021)Xavier Becerra, Secretary of HHSApr. 15, 2021Xavier 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-016Renewal of Determination that a Public Health Emergency Exists (July 19, 2021)Xavier Becerra, Secretary of HHSJuly 19, 2021Xavier 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-020CDC 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, 2021Centers 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-025CDC Order extending the Temporary Halt in Residential Evictions (June 24, 2021)Centers for Disease Control and Prevention, HHSJune 24, 2021Centers 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-026CDC Order: Temporary Halt in Residential Evictions in Communities With Substantial or High Transmission of COVID-19Centers for Disease Control and Prevention, HHSAug. 3, 2021Centers 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-031CDC Framework for Conditional Sailing OrderCenters for Disease Control and Prevention, HHSOct. 30, 2020Centers 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-032Notice: Conditional Sailing Order Technical Instructions and Operations ManualCenters for Disease Control and Prevention, HHSMay 5, 2021Centers 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-034CDC 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, 2020Centers 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-037CDC 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, HHSOct. 13, 2020Centers 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-038Public Health Reassessment and Order Suspending the Right To Introduce Certain Persons (Aug. 2, 2021)Centers for Disease Control and Prevention, HHSAug. 2, 2021Centers 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-042CDC 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, 2021Centers 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-051Security Directive SD 1582/84-21-01A, Security Measures - Mask RequirementsTransportation Security Administration, DHSApr. 30, 2021Transportation 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-052Security Directive SD 1582/84-21-01B, Security Measures - Mask RequirementsTransportation Security Administration, DHSAug. 20, 2021Transportation 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-053TSA 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, DHSJan. 31, 2021Transportation 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-056Notification 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 BoardApr. 20, 2021Department 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-057Determination 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. PekoskeJan. 27, 2021Acting 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-060Executive Order 13991President Joseph R. Biden, Jr.Jan. 20, 2021President Joseph R. Biden, Jr, Executive Order 13991 (Jan. 20, 2021) (Ex. FED-060)/library/FED-060/exhibit/FED-060
Ex. FED-062Executive Order 13999President Joseph R. Biden, Jr.Jan. 21, 2021President Joseph R. Biden, Jr, Executive Order 13999 (Jan. 21, 2021) (Ex. FED-062)/library/FED-062/exhibit/FED-062
Ex. FED-063Executive 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, 2021President 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-064Executive Order 14043President Joseph R. Biden, Jr.Sept. 9, 2021President Joseph R. Biden, Jr, Executive Order 14043 (Sept. 9, 2021) (Ex. FED-064)/library/FED-064/exhibit/FED-064
Ex. FED-070Executive Order 13909President Donald J. TrumpMar. 18, 2020President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)/library/FED-070/exhibit/FED-070
Ex. FED-071Executive Order 13910President Donald J. TrumpMar. 23, 2020President Donald J. Trump, Executive Order 13910 (Mar. 23, 2020) (Ex. FED-071)/library/FED-071/exhibit/FED-071
Ex. FED-074Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention MeasuresSecretary of Health and Human ServicesMar. 25, 2020Secretary 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-080Occupational 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 LaborJune 21, 2021Occupational 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-081DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 ETS (June 28, 2021)OSHA, Directorate of Enforcement ProgramsJune 28, 2021OSHA, 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-082DIR 2021-01 (CPL 03), National Emphasis Program - COVID-19 (Mar. 12, 2021)OSHA, Directorate of Enforcement ProgramsMar. 12, 2021OSHA, 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-083DIR 2021-03 (CPL 03), Revised National Emphasis Program - COVID-19 (July 7, 2021)OSHA, Directorate of Enforcement ProgramsJuly 7, 2021OSHA, 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-084Updated Interim Enforcement Response Plans (Mar. 12, 2021; July 7, 2021)OSHA (memorandum for Regional Administrators and State Plan Designees)July 7, 2021OSHA (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-090CMS-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, HHSMar. 30, 2020Centers 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-094CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NHCenters for Medicare & Medicaid Services, HHSMay 13, 2021Centers 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-096CMS 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 GroupMar. 4, 2020CMS, 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-098QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs)CMS, Quality, Safety & Oversight GroupMar. 10, 2020CMS, 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-099CMS 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 GroupMar. 23, 2020CMS, 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-100FEMA-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, 2020President 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-104FEMA-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, 2020President 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-109FEMA-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, 2020President 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-113FEMA-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, 2020President 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-115FEMA-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, 2020President 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-118FEMA-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, 2020President 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-130FEMA-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, 2020President 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-132FEMA-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, 2020President 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-133FEMA-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, 2020President 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-143FEMA-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, 2020President 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-147FEMA-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, 2020President 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-150FEMA-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, 2020President 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-156QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3)CMS, Quality, Safety & Oversight GroupApr. 27, 2021CMS, 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-160COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021)Centers for Medicare & Medicaid Services, HHSMar. 13, 2020Centers 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-161QSO-20-29-NH and CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020): 42 C.F.R. 483.80(g) reportingCMS, Quality, Safety & Oversight GroupMay 6, 2020CMS, 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-163CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NHCMS, Quality, Safety & Oversight GroupMay 11, 2021CMS, 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-165CMS 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 GroupJune 1, 2020CMS, 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-166CMS 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 GroupAug. 17, 2020CMS, 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-168CMS-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 GroupAug. 26, 2020CMS, 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-180Declaration 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 ServicesMar. 10, 2020Secretary 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-181Determination 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 ServicesFeb. 4, 2020Secretary 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-182Emergency Use Declaration: personal respiratory protective devicesSecretary of Health and Human ServicesMar. 2, 2020Secretary 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-183Emergency Use Authorization Declaration: medical devices, including alternative products used as medical devicesSecretary of Health and Human ServicesMar. 24, 2020Secretary 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-184Emergency Use Authorization Declaration: drugs and biological productsSecretary of Health and Human ServicesMar. 27, 2020Secretary 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-194Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health EmergencyHHS Office for Civil RightsMar. 17, 2020HHS 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-200Proclamation 9984President Donald J. TrumpJan. 31, 2020President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)/library/FED-200/exhibit/FED-200
Ex. FED-201Proclamation 9992President Donald J. TrumpFeb. 29, 2020President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)/library/FED-201/exhibit/FED-201
Ex. FED-207Proclamation 10143President Joseph R. Biden, Jr.Jan. 25, 2021President Joseph R. Biden, Jr, Proclamation 10143 (Jan. 25, 2021) (Ex. FED-207)/library/FED-207/exhibit/FED-207
Ex. FED-208Proclamation 10199President Joseph R. Biden, Jr.Apr. 30, 2021President Joseph R. Biden, Jr, Proclamation 10199 (Apr. 30, 2021) (Ex. FED-208)/library/FED-208/exhibit/FED-208
Ex. FED-209Proclamation 10294President Joseph R. Biden, Jr.Oct. 25, 2021President Joseph R. Biden, Jr, Proclamation 10294 (Oct. 25, 2021) (Ex. FED-209)/library/FED-209/exhibit/FED-209
Ex. FED-232Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 32764 (June 23, 2021)DHS (Secretary Alejandro N. Mayorkas)June 23, 2021DHS (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-235Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 52609 (Sept. 22, 2021)DHS (Secretary Alejandro N. Mayorkas)Sept. 22, 2021DHS (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-255Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 32766 (June 23, 2021)DHS (Secretary Alejandro N. Mayorkas)June 23, 2021DHS (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-258Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 52611 (Sept. 22, 2021)DHS (Secretary Alejandro N. Mayorkas)Sept. 22, 2021DHS (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-270Executive 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 ForceJan. 24, 2021Office 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-271OMB Memorandum M-21-25Office of Management and Budget, Office of Personnel Management and General Services AdministrationJune 10, 2021Office 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-272COVID-19 Workplace Safety: Agency Model Safety Principles (revised July 29, 2021), following the OMB memorandum of July 27, 2021 reinstating masksSafer Federal Workforce Task Force (OPM, GSA, White House COVID-19 Response Coordinator) under Executive Order 13991 § 4, with OMBJuly 29, 2021Safer 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-274Executive 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 OMBSept. 24, 2021Safer 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-275Determination 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, 2021Office 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-278Certification of Vaccination form (employees, onsite contractors and visitors), August 2021Safer Federal Workforce Task Force (OMB control number 3206-0277)Aug. 6, 2021Safer 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-280Secretary of Defense Memorandum, Update to Conditions-based Approach to Coronavirus Disease 2019 Personnel Movement and Travel RestrictionsSecretary of Defense Lloyd J. Austin IIIMar. 15, 2021Secretary 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-285Order of the Chief Judge No. 20-078Chief Judge Philip S. GutierrezJune 1, 2020Chief 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-290Press release of March 12, 2020 (Building closed to the public)Supreme Court of the United States (Public Information Office)Mar. 12, 2020Supreme 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-292Order of March 19, 2020, 589 U.S. (Order List)Supreme Court of the United StatesMar. 19, 2020Supreme 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-297Amended General Order 21-0006 (May 26, 2021)Chief Judge Rebecca R. Pallmeyer (Executive Committee)May 26, 2021Chief 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-298Amended General Order 21-0006 (Sept. 15, 2021)Chief Judge Rebecca R. Pallmeyer (Executive Committee)Sept. 15, 2021Chief 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-299Third Amended Order Concerning Face Masks/Coverings in Public Areas of CourthousesChief Judge Rebecca R. PallmeyerJuly 30, 2021Chief 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-300General Order 21-0033Executive Committee and Restart Task Force of the Court (unanimous vote)Sept. 20, 2021Executive 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-301Fifth Amended General Order 20-0022Chief Judge Rebecca R. PallmeyerJune 21, 2021Chief Judge Rebecca R. Pallmeyer, Fifth Amended General Order 20-0022 (June 21, 2021) (Ex. FED-301)/library/FED-301/exhibit/FED-301
Ex. FED-302Standing Order 20-13Chief Judge Freda L. WolfsonMay 22, 2020Chief Judge Freda L. Wolfson, Standing Order 20-13 (May 22, 2020) (Ex. FED-302)/library/FED-302/exhibit/FED-302
Ex. FED-306Standing Order 21-04Chief Judge Freda L. WolfsonMar. 11, 2021Chief Judge Freda L. Wolfson, Standing Order 21-04 (Mar. 11, 2021) (Ex. FED-306)/library/FED-306/exhibit/FED-306
Ex. FED-307Updated Amended Standing Order 21-04Chief Judge Freda L. WolfsonSept. 3, 2021Chief Judge Freda L. Wolfson, Updated Amended Standing Order 21-04 (Sept. 3, 2021) (Ex. FED-307)/library/FED-307/exhibit/FED-307
Ex. FED-308Standing Order 21-08Chief Judge Freda L. WolfsonSept. 13, 2021Chief Judge Freda L. Wolfson, Standing Order 21-08 (Sept. 13, 2021) (Ex. FED-308)/library/FED-308/exhibit/FED-308
Ex. FED-311Standing Order 2020-04Chief Judge James K. BredarMar. 16, 2020Chief Judge James K. Bredar, Standing Order 2020-04 (Mar. 16, 2020) (Ex. FED-311)/library/FED-311/exhibit/FED-311
Ex. FED-313Amended Standing Order 2021-07Chief Judge James K. BredarJune 23, 2021Chief Judge James K. Bredar, Amended Standing Order 2021-07 (June 23, 2021) (Ex. FED-313)/library/FED-313/exhibit/FED-313
Ex. FED-337General Order 78Chief Judge Richard SeeborgJune 23, 2021Chief Judge Richard Seeborg, General Order 78 (June 23, 2021) (Ex. FED-337)/library/FED-337/exhibit/FED-337
Ex. FED-340CARES 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, 2020Congress (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-342Interagency 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 SupervisorsApr. 7, 2020Federal 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-344Protections 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 ProtectionJune 25, 2021Bureau 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-345Memorandum 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, 2020President 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-354FHFA news release of June 24, 2021: FHFA Extends COVID-19 Foreclosure and REO Eviction Moratoriums (to July 31, 2021)Federal Housing Finance AgencyJune 24, 2021Federal 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-355FHFA news release of July 30, 2021: FHFA Extends COVID-19 REO Eviction Moratorium Through September 30, 2021Federal Housing Finance Agency (with the Agencies' Joint Statement on Agency Actions to Prevent Evictions of the same date)July 30, 2021Federal 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-364Mortgagee Letter 2021-15HUD, Federal Housing AdministrationJune 25, 2021HUD, Federal Housing Administration, Mortgagee Letter 2021-15 (June 25, 2021) (Ex. FED-364)/library/FED-364/exhibit/FED-364
Ex. FED-365Mortgagee Letter 2021-18HUD, Federal Housing AdministrationJuly 23, 2021HUD, Federal Housing Administration, Mortgagee Letter 2021-18 (July 23, 2021) (Ex. FED-365)/library/FED-365/exhibit/FED-365
Ex. FED-378Circular 26-21-10VA, Loan Guaranty ServiceJune 25, 2021VA, Loan Guaranty Service, Circular 26-21-10 (June 25, 2021) (Ex. FED-378)/library/FED-378/exhibit/FED-378
Ex. FED-379Circular 26-21-14VA, Loan Guaranty ServiceJuly 30, 2021VA, Loan Guaranty Service, Circular 26-21-14 (July 30, 2021) (Ex. FED-379)/library/FED-379/exhibit/FED-379
Ex. FED-380Circular 26-21-20VA, Loan Guaranty ServiceSept. 29, 2021VA, Loan Guaranty Service, Circular 26-21-20 (Sept. 29, 2021) (Ex. FED-380)/library/FED-380/exhibit/FED-380
Ex. FED-384USDA 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, 2021USDA 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-385USDA 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, 2021USDA 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-398H.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, 2020U.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-001CARES Act, Pub. L. 116-136, 134 Stat. 281 (Mar. 27, 2020) (Statutes at Large pages; sec. 2301 at 347-351)United States CongressMar. 27, 2020United 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-002Consolidated 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 CongressDec. 27, 2020United 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-003American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021) (sec. 9651 at 176-182)United States CongressMar. 11, 2021United 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-004Infrastructure Investment and Jobs Act, Pub. L. 117-58, 135 Stat. 429 (Nov. 15, 2021) (sec. 80604 at 1341)United States CongressNov. 15, 2021United 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-004Executive Order GA-09Governor Greg AbbottMar. 22, 2020Governor 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=DE&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.