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The COVID Project

Eligibility report

Governmental Orders Record and Eligibility Analysis

Hawaii

2021 Q3

Prepared by The COVID Project, Sept. 30, 2026. 215 instruments cited; 213 exhibit files held. Not legal advice.

The COVID Projectcovidproject.com/report?state=HI&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 Hawaii 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=HI&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)

Hawaii, first day (July 1, 2021): July 1, 2021: Twenty-First Proclamation in force (Ex. HI-023) as above, including the mask mandate, the Safe Travels quarantine (vaccination exception extended to all domestically vaccinated travelers July 8), the hotel plan requirement, the county-approval requirement and the eviction moratorium; Judiciary orders Ex. HI-065 and HI-066; Insurance and DOE instruments as listed.

Hawaii, last day (Sept. 30, 2021): September 30, 2021: Aug. 5, 2021 Emergency Proclamation in force through Oct. 4 (Ex. HI-024): statewide face-covering requirement (Exhibit A), Safe Travels quarantine rules (Exhibit B), State and county employee vaccination-or-testing (eff. Aug. 16), county-approval requirement; EO 21-05 (Aug. 10; Ex. HI-029 Exhibit F, Ex. HI-056): gatherings capped at 10 indoors / 25 outdoors, 50 percent indoor capacity for restaurants, bars, gyms and social establishments, seated service, six-foot spacing, no mingling, masks, professional events over 50 to consult the county; EO 21-06 (Sept. 1; Ex. HI-026); EO 21-07 (Sept. 13; Ex. HI-027): vaccination proof or negative test for contractors and visitors entering State facilities; Supreme Court: all jury trials postponed to dates after Oct. 4, 2021 (Ex. HI-068), extended Sept. 29 to after Nov. 16, 2021 (Ex. HI-069), operations order of Aug. 6 (Ex. HI-067); DOE: masks 'must always be worn... by all students and staff when indoors' (Ex. HI-043), employee attestation and weekly testing (Ex. HI-046); DOH 10-day quarantine of close contacts (Ex. HI-052).

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 Hawaii2626
Agencies, boards and authorities11
Standing duties4141
All layers235235

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 Hawaii

Ex. HI-016
Fifteenth Proclamation Related to the COVID-19 Emergency

Fifteenth Proclamation (Statewide Face Covering Requirement, Exhibit J; emergency through Dec. 31, 2020)

Governor David Y. Ige, Hawaii (State)

Dates
In force from Nov. 16, 2020 to Sept. 30, 2021
Quarters
2020 Q42021 Q12021 Q22021 Q3
Limitations
Business closureCapacity limitGathering capFace-covering requirementTravel and quarantineWorkplace rulesQuarantine and isolation
Functions reached
SF; OF offices (shared-area rule); HR employees; CB customers; SL personal services; FC fitness; DR dining
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

All persons in the State shall wear a face covering over their nose and mouth when in public. The requirements of this statewide mask mandate are set forth in Exhibit J, which shall be enforced in each county... Exhibit J: All individuals shall wear face coverings over their noses and mouths when in public settings. The only exceptions to this requirement are:... C. While working at a desk or work station and not actively engaged with other employees, customers, or visitors, provided that the individual's desk or workstation is not located in a common or shared area and physical distancing of at least six (6) feet is maintained; D. While eating, drinking, smoking... F. While receiving services allowed under a State or county order, rule, or proclamation that require access to that individual's nose or mouth

Enforcement: HRS 127A-25 rules 'enforced in each county'; HRS 127A-29 misdemeanor

Citation: Governor David Y. Ige, Fifteenth Proclamation Related to the COVID-19 Emergency (Nov. 16, 2020) (Ex. HI-016) Open the exhibit

Ex. HI-023
Twenty-First Proclamation Related to the COVID-19 Emergency

Twenty-First Proclamation (statewide face covering; Safe Travels 10-day quarantine with test and vaccination exceptions; intercounty quarantine ends June 14; hotel Health and Safety Plans; county approval; eviction moratorium; emergency through Aug. 6, 2021)

Governor David Y. Ige, Hawaii (State)

Dates
In force from June 7, 2021 to Aug. 6, 2021
Quarters
2021 Q22021 Q3
Limitations
Business closureCapacity limitGathering capFace-covering requirementTravel and quarantineSchools and child careHealth care ordersWorkplace rulesVaccination or testingQuarantine and isolationOther
Functions reached
LG hotels (plan mandate; quarantine guests); TV; CB visitor base; SF; OF; GATH by county; PM eviction moratorium (HRS ch. 521 suspension); EC child care rules (Exhibit C); CL notaries (Exhibit D); SL barbers rules (Exhibit F); FH mortuaries (Exhibit G); WF close-contact quarantine
Grade
Primary source read
Days in this quarter
37 (in force on the first day)

I direct all counties to obtain my approval, or the approval of the Director of Hawaii Emergency Management Agency (HIEMA), prior to issuing any emergency order, rule, or proclamation... businesses and operations in each county may operate during this emergency as set forth in the respective county orders, rules and proclamations approved by me pursuant to Section I... All persons in the State shall wear a face covering over their nose and mouth as set forth in Exhibit I, which shall be enforced by each county... All hotel operators in the State shall adopt a COVID-19 Health and Safety Plan for each property they operate while this Proclamation is in effect... it shall be the responsibility of the hotel operator of each property to accommodate guests who become positive for COVID-19 or are identified as close contacts... all persons entering the State of Hawai'i shall be subject to…

Enforcement: Section III.D: HRS 127A-25 rules with force of law; HRS 127A-29: 'any person who intentionally, knowingly or recklessly engages in conduct that violates any provision set forth in Section III of this Proclamation shall be guilty of a misdemeanor, and upon conviction, the person shall be fined not more than $5,000, or imprisoned not more than one year, or both'

Citation: Governor David Y. Ige, Twenty-First Proclamation Related to the COVID-19 Emergency (June 7, 2021) (Ex. HI-023) Open the exhibit

Ex. HI-025
Executive Order No. 21-05

Executive Order No. 21-05 (Statewide Limits for Social Gatherings, Restaurants, Bars, and Social Establishments)

Governor David Y. Ige, Hawaii (State)

Dates
In force from Aug. 10, 2021 to Oct. 1, 2021
Quarters
2021 Q3
Limitations
Capacity limitGathering capFace-covering requirementAlcohol and barsEvents and venues
Functions reached
DR dining rooms 50 percent, seated; BA bars 50 percent, no mingling; FC gyms 50 percent; GATH social gatherings 10/25; BQ banquets and events over 50; MK; CB
Grade
Primary source read
Days in this quarter
52 (in force on the last day)

do hereby order, effective August 10, 2021, the following: 1. For statewide implementation and as defined by each county...: a. Social Gatherings. Indoor social gatherings of more than ten persons and outdoor social gatherings of more than twenty-five persons are prohibited. b. Restaurants, Bars, and Social Establishments. Restaurants, bars, and social establishments will implement the following guidelines while maintaining the required social gathering sizes set forth above...: i. Patrons must remain seated with their party. ii. Six feet distancing must be maintained between groups. iii. No mingling. iv. Masks must be worn at all times except when actively eating or drinking. c. Professional Events.... Those organizing professional events larger than fifty (50) persons... shall notify and consult with the appropriate county agency reasonably prior to the event. d. Restrictions on Indoor…

Enforcement: 'All measures set forth herein will be enforced by the counties pursuant to county orders, rules, and directives that identify offenses and penalties for each county' (HRS 127A-29 penalties through county orders)

Citation: Governor David Y. Ige, Executive Order No. 21-05 (Aug. 10, 2021) (Ex. HI-025) Open the exhibit

Ex. HI-056
Press report on Executive Order No. 21-05

Star-Advertiser: Gov. Ige restricts indoor gatherings to 10 people and outdoor activities to 25; 50 percent indoor capacity for bars, restaurants and gyms (Aug. 10, 2021)

Honolulu Star-Advertiser (reporting the Governor's Aug. 10, 2021 executive order), Hawaii (State)

Dates
In force from Aug. 10, 2021 to Sept. 30, 2021
Quarters
2021 Q3
Limitations
Capacity limitGathering capFace-covering requirement
Functions reached
DR; BA; FC; GATH
Grade
Confirmed from a secondary source
Days in this quarter
52 (in force on the last day)

no more than 10 people indoors [and] 25 people outdoors... 50%, which includes bars, restaurants, and gyms... Mingling is not allowed at restaurants and bars... Masks must be worn at all times except when eating and drinking... Parties must maintain at least 6 feet of distance between groups

Enforcement: County enforcement (per the order)

Citation: Honolulu Star-Advertiser (reporting the Governor's Aug. 10, 2021 executive order), Press report on Executive Order No. 21-05 (Aug. 10, 2021) (Ex. HI-056) Open the exhibit

Ex. HI-006
Fifth Supplementary Proclamation

Fifth Supplementary Proclamation implementing enhanced safe practices and an eviction moratorium

Governor David Y. Ige, Hawaii (State)

Dates
In force from Apr. 16, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Capacity limitFace-covering requirementWorkplace rulesOther
Functions reached
SF sales floor occupancy limits and masks; HR employee mask rules; PM property management (eviction moratorium); CB customers required to mask
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

All customers shall wear a face covering as described and recommended in Section I.A., or as required by any applicable county order, while waiting to enter and while at an essential business or operation. All employees of essential businesses or operations who have any contact with customers or goods to be purchased shall wear the cloth face covering... Limited Customer Occupancy. Each essential business facility or operation shall determine the maximum number of customers that may be accommodated while maintaining the specified separation distance... II. Eviction Moratorium... to forestall any eviction from a residential dwelling for failure to pay rent

Enforcement: 'Pursuant to section 127A-29, HRS, any person violating any rule set forth in this Proclamation shall be guilty of a misdemeanor, and upon conviction, the person shall be fined not more than $5,000, or imprisoned not more than one year, or both'

Citation: Governor David Y. Ige, Fifth Supplementary Proclamation (Apr. 16, 2020) (Ex. HI-006) Open the exhibit

Ex. HI-068
Order Postponing Jury Trials, SCMF-20-0000152

Order postponing all jury trials statewide to dates after October 4, 2021 (Aug. 16, 2021)

Supreme Court of Hawaii, Chief Justice Recktenwald, Hawaii (Court)

Dates
In force from Aug. 16, 2021 to Oct. 4, 2021
Quarters
2021 Q3
Limitations
Gathering capCourts and public offices
Functions reached
CT courts statewide; CS litigation practice; CL collections and foreclosures dependent on trial dates
Grade
Primary source read
Days in this quarter
46 (in force on the last day)

In recent weeks, however, statewide infection and hospitalization rates have surged, with record numbers of positive cases and rapidly increasing hospitalizations being reported... makes it prudent to take additional precautions to reduce the number of people congregating in Judiciary facilities... IT IS HEREBY ORDERED that: 1. All jury trials shall be postponed to dates after October 4, 2021, or to a date after the termination of the state of emergency as declared by Governor Ige, whichever is sooner

Enforcement: Court order

Citation: Supreme Court of Hawaii, Chief Justice Recktenwald, Order Postponing Jury Trials, SCMF-20-0000152 (Aug. 16, 2021) (Ex. HI-068) Open the exhibit

Ex. HI-069
First Extension of Order Postponing Jury Trials, SCMF-20-0000152

First Extension postponing all jury trials to dates after November 16, 2021 (Sept. 29, 2021)

Supreme Court of Hawaii, Chief Justice Recktenwald, Hawaii (Court)

Dates
In force from Sept. 29, 2021 to Nov. 16, 2021
Quarters
2021 Q3
Limitations
Gathering capCourts and public offices
Functions reached
CT courts statewide; CS
Grade
Primary source read
Days in this quarter
2 (in force on the last day)

In early August 2021, however, statewide infection and hospitalization rates surged, with record numbers of positive cases and rapidly increasing hospitalizations being reported... IT IS HEREBY ORDERED that the August 16, 2021 Order [is extended:] 1. All jury trials shall be postponed to dates after November 16, 2021, or to a date after the termination of the state of emergency as declared by Governor Ige, whichever is sooner

Enforcement: Court order

Citation: Supreme Court of Hawaii, Chief Justice Recktenwald, First Extension of Order Postponing Jury Trials, SCMF-20-0000152 (Sept. 29, 2021) (Ex. HI-069) Open the exhibit

Ex. HI-001
Emergency Proclamation (COVID-19)

Proclamation declaring a state of emergency to support ongoing State and county responses to COVID-19

Governor David Y. Ige, Hawaii (State)

Dates
In force from Mar. 4, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Emergency declaration
Functions reached
predicate for all Hawaii instruments
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

I, DAVID Y. IGE, Governor of the State of Hawai'i, hereby determine that the conditions described herein are of such character and magnitude to constitute an emergency or disaster as contemplated by sections 127A-2 and 127A-14, Hawaii Revised Statutes... I FURTHER DECLARE that the disaster emergency relief period shall commence immediately and continue through April 29, 2020

Enforcement: Predicate for HRS 127A-25 rules and 127A-29 misdemeanor penalties in successor proclamations

Citation: Governor David Y. Ige, Emergency Proclamation (COVID-19) (Mar. 4, 2020) (Ex. HI-001) Open the exhibit

Ex. HI-003
Second Supplementary Proclamation and Rules Relating to COVID-19

Second Supplementary Proclamation implementing a mandatory self-quarantine for all persons entering the State

Governor David Y. Ige, Hawaii (State)

Dates
In force from Mar. 26, 2020 to Mar. 25, 2022 (issued Mar. 21, 2020)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Travel and quarantineQuarantine and isolation
Functions reached
TV travel demand; LG lodging (guests confined to rooms); CB visitor and business-traveler customer base; WF workforce arriving from outside the State; MK conventions and events
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

Pursuant to section 127A-13(a)(1), HRS, all persons entering the State of Hawai'i shall be subject to mandatory self-quarantine, except those persons performing emergency response or critical infrastructure functions who have been exempted by the Director of Emergency Management... Pursuant to section 127A-29, HRS, any person violating the rules relating to quarantine shall be guilty of a misdemeanor, and upon conviction, the person shall be fined not more than $5,000, or imprisoned not more than one year, or both.

Enforcement: HRS 127A-29: misdemeanor, fine up to $5,000, imprisonment up to one year, or both

Citation: Governor David Y. Ige, Second Supplementary Proclamation and Rules Relating to COVID-19 (Mar. 21, 2020) (Ex. HI-003) Open the exhibit

Ex. HI-071
Commissioner's Memorandum 2020-3I, Request Regarding Policyholders Affected by COVID-19

Insurance Commissioner's Memorandum 2020-3I to all admitted and non-admitted insurers (grace periods, no cancellation for non-payment, waived late fees, extended inspection and exam deadlines)

Hawaii Insurance Commissioner Colin M. Hayashida, Insurance Division, Department of Commerce and Consumer Affairs, Hawaii (Sector regulator)

Dates
In force from Mar. 27, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Other
Functions reached
IN insurance premium collection, cancellation and underwriting inspections; CB policyholders
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

The Insurance Commissioner encourages insurers to work with their insureds to ensure coverage continues during this time, policies do not lapse, and to consider the following: 1. Refrain from cancelling or non-renewing policies due to non-payment during this time of hardship and to grant a grace period for premium payments to be made; 2. Work with insureds on a structured payment plan for late premium payments; 3. Waive late fees and penalties; 4. Extend timeframes to complete property and automobile inspections or undergo medical examinations; and 5. Continue working with insureds for a period of 60 days after this health emergency has passed

Enforcement: Regulator's memorandum to licensees (hortatory; the Commissioner's Apr. 27, 2020 memorandum treats compliance as outside HRS ch. 431 art. 13 unfair-trade-practice enforcement)

Citation: Hawaii Insurance Commissioner Colin M. Hayashida, Insurance Division, Department of Commerce and Consumer Affairs, Commissioner's Memorandum 2020-3I, Request Regarding Policyholders Affected by COVID-19 (Mar. 27, 2020) (Ex. HI-071) Open the exhibit

Ex. HI-072
Commissioner's Memorandum 2020-4A, Waivers of Certain Requirements for Insurers, Instructions, and Guidelines

Insurance Commissioner's Memorandum 2020-4A (COVID-19 accommodations not treated as unfair trade practices; virtual inspections; electronic delivery)

Hawaii Insurance Commissioner Colin M. Hayashida, Hawaii (Sector regulator)

Dates
In force from Apr. 27, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Workplace rulesOther
Functions reached
IN insurance operations (audits, inspections, collections); OF in-person payment and inspection functions
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

The Insurance Division will not regard the following activities as unfair trade practices or unfair methods of competition under Hawaii Revised Statutes chapter 431, article 13, and encourages carriers to consider adopting and implementing these activities during this emergency period...: Waiving of fees, penalties, or other charges relating to an insured's temporary inability to submit premium payments...; Extending of grace periods for payment of premiums; Granting of additional time to policyholders to pay premiums before non-renewals or cancellations become effective;... Allowing of self-auditing and self-reporting in lieu of physical audits to the extent that physical audits are impracticable; Encouraging policyholders to use electronic payment technology... to avoid in person payments... Virtual inspections of property

Enforcement: Regulatory forbearance memorandum

Citation: Hawaii Insurance Commissioner Colin M. Hayashida, Commissioner's Memorandum 2020-4A, Waivers of Certain Requirements for Insurers, Instructions, and Guidelines (Apr. 27, 2020) (Ex. HI-072) Open the exhibit

Ex. HI-039
Order Regarding Foreclosures, SCMF-20-0000152

Order requiring a declaration in every judicial or non-judicial foreclosure and ejectment action that the mortgage is not a federally backed mortgage loan (June 25, 2020)

Supreme Court of Hawaii, Hawaii (Court)

Dates
In force from June 25, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Courts and public officesOther
Functions reached
SV servicing and foreclosure; ML mortgage lending; CL real estate closings dependent on foreclosure sales
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

IT IS HEREBY ORDERED: 1. Any party or authorized agent or representative of a party pursuing a judicial foreclosure action or an action in our state courts arising out of a judicial or non-judicial foreclosure (including but not limited to ejectment actions) must file a signed declaration attesting under penalty of law or perjury, and based on personal knowledge, that the mortgage subject to the foreclosure action or non-judicial foreclosure: a. is NOT a federally backed mortgage loan

Enforcement: Court order; declaration under penalty of perjury

Citation: Supreme Court of Hawaii, Order Regarding Foreclosures, SCMF-20-0000152 (June 25, 2020) (Ex. HI-039) Open the exhibit

Ex. HI-051
News release, Hawaii Department of Health updates quarantine guidance based on review of CDC's new recommendations

DOH release reducing the quarantine period for persons exposed to COVID-19 from 14 to 10 days effective Dec. 4, 2020

Hawaii State Department of Health, Hawaii (State)

Dates
In force from Dec. 4, 2020 to Aug. 18, 2021
Quarters
2020 Q42021 Q12021 Q22021 Q3
Limitations
Quarantine and isolation
Functions reached
WF exposed employees excluded from work 10 days; HR
Grade
Primary source read
Days in this quarter
49 (in force on the first day)

[DOH reduced] the required quarantine period of those exposed to COVID-19 from 14 days to 10 days... effective today... Those who are in quarantine cannot have any clinical evidence of COVID-19 symptoms up to the time quarantine is discontinued... Daily symptom self-monitoring must continue through day 14... The new quarantine guidance does not modify any travel quarantine provided for in the governor's proclamations

Enforcement: DOH quarantine authority under HRS 325-8 (compulsory physical separation by order of the department), recited in the Governor's proclamations

Citation: Hawaii State Department of Health, News release, Hawaii Department of Health updates quarantine guidance based on review of CDC's new recommendations (Dec. 4, 2020) (Ex. HI-051) Open the exhibit

Ex. HI-031
Order for Self-Quarantine (traveler order form, 10-day version revised May 25, 2021)

Order for Self-Quarantine served on persons entering the State

Director of Emergency Management, Hawaii Emergency Management Agency (Maj. Gen. Kenneth S. Hara), Hawaii (State)

Dates
In force from May 25, 2021 to Mar. 26, 2022
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Travel and quarantineQuarantine and isolation
Functions reached
TV; LG; CB; WF
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

the Director of the Hawai'i Emergency Management Agency (HIEMA) hereby orders you to comply with the following: 1. Truthfully, accurately and fully complete, authenticate and sign the Mandatory State of Hawaii Travel and Health Form... 3. Remain in your designated quarantine location for a period of 10 days or the duration of your stay in [Hawaii, whichever is shorter]... a. You may leave your designated quarantine location only for medical emergencies or to seek [medical care]

Enforcement: HRS 127A-29 misdemeanor (fine up to $5,000, one year, or both) recited in the form

Citation: Director of Emergency Management, Hawaii Emergency Management Agency (Maj. Gen. Kenneth S. Hara), Order for Self-Quarantine (traveler order form, 10-day version revised May 25, 2021) (Ex. HI-031) Open the exhibit

Ex. HI-065
Order Regarding Judiciary Operations, SCMF-20-0000152

Order extending judiciary operations restrictions (June 7, 2021)

Supreme Court of Hawaii, Chief Justice Recktenwald, Hawaii (Court)

Dates
In force from June 7, 2021 to Aug. 6, 2021
Quarters
2021 Q22021 Q3
Limitations
Face-covering requirementCourts and public offices
Functions reached
CT courts
Grade
Primary source read
Days in this quarter
37 (in force on the first day)

[provisions] extended through [Aug. 6, 2021]... resumption of jury trials, provided that all operations shall be [conducted in compliance with social-distancing mandates] ordered by Governor Ige, including requiring the use of face [coverings]... Exceptions may be made to the restrictions in [the entering-facilities] order(s)

Enforcement: Court order

Citation: Supreme Court of Hawaii, Chief Justice Recktenwald, Order Regarding Judiciary Operations, SCMF-20-0000152 (June 7, 2021) (Ex. HI-065) Open the exhibit

Ex. HI-066
Fifth Amended Order Regarding Entering Judiciary Facilities, SCMF-20-0000152

Fifth Amended Order restricting entry to judiciary facilities (screening; travel exclusions; face coverings) (June 15, 2021)

Supreme Court of Hawaii, Chief Justice Recktenwald, Hawaii (Court)

Dates
In force from June 15, 2021 to Sept. 30, 2021
Quarters
2021 Q22021 Q3
Limitations
Face-covering requirementCourts and public officesQuarantine and isolation
Functions reached
CT courts; CS attorneys and clients
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

IT IS HEREBY ORDERED that the following provisions are [in effect: persons who] Have traveled outside of Hawai'i in the past 10 [days and are not within an] exception to the mandatory self-quarantine [shall not enter]... [all persons shall comply] with social distancing requirements and the wearing of face [coverings]

Enforcement: Court order; denial of entry

Citation: Supreme Court of Hawaii, Chief Justice Recktenwald, Fifth Amended Order Regarding Entering Judiciary Facilities, SCMF-20-0000152 (June 15, 2021) (Ex. HI-066) Open the exhibit

Ex. HI-043
COVID-19 Health and Safety Guidance for School Year 2021-22

HIDOE COVID-19 Health and Safety Guidance for School Year 2021-22 (as of July 30, 2021)

Hawaii State Department of Education (statewide school district; Superintendent Keith T. Hayashi (interim)), Hawaii (State)

Dates
In force from Aug. 3, 2021 to Aug. 1, 2022 (issued July 30, 2021)
Quarters
2021 Q3
Limitations
Face-covering requirementSchools and child careWorkplace rulesQuarantine and isolation
Functions reached
WF parents' workforce (quarantine of unvaccinated close contacts; classroom closures); IN in-person instruction under masks and distancing; EC; TR school buses; AC athletics
Grade
Primary source read
Days in this quarter
59 (in force on the last day)

Indoor settings: Masks must always be worn correctly and consistently by all students and staff when indoors. The only exception is for eating and drinking... Drivers and passengers must wear a mask on school buses... All visitors must wear a face mask on campus... Are unvaccinated and have had recent close contact with a person with COVID-19 [do not go to school]... Maintain at least 3 feet of physical distance between students within classrooms... Maintain at least 6 feet of physical distance between students and staff

Enforcement: Department policy binding on all HIDOE schools and employees; implements the Governor's statewide face-covering requirement

Citation: Hawaii State Department of Education (statewide school district; Superintendent Keith T. Hayashi (interim)), COVID-19 Health and Safety Guidance for School Year 2021-22 (July 30, 2021) (Ex. HI-043) Open the exhibit

Ex. HI-044
Guidance for K-12 Schools, COVID-19 (Last Revised July 30, 2021)

DOH Guidance for K-12 Schools (2021-22 school year: masking, distancing, close-contact quarantine)

Hawaii State Department of Health, Hawaii (State)

Dates
In force from Aug. 3, 2021 to Sept. 30, 2021 (issued July 30, 2021)
Quarters
2021 Q3
Limitations
Face-covering requirementSchools and child careQuarantine and isolation
Functions reached
WF; IN; EC
Grade
Primary source read
Days in this quarter
59 (in force on the last day)

Schools must adopt and implement actions to slow the spread of COVID-19 in schools... schools must continue to implement multiple mitigation strategies... [students and staff who are] not up to date with COVID-19 vaccinations and are a close contact to a person with [COVID-19]... are required to quarantine

Enforcement: DOH quarantine authority under HRS 325-8 (recited as mandatory in the Governor's proclamations, Ex. HI-024 at 8)

Citation: Hawaii State Department of Health, Guidance for K-12 Schools, COVID-19 (Last Revised July 30, 2021) (Ex. HI-044) Open the exhibit

Ex. HI-047
Memorandum, In-Person Learning for School Year 2021-22

HIDOE memorandum directing full in-person learning from Aug. 3, 2021 with masking and distancing (May 14, 2021)

Hawaii State Department of Education (Superintendent Christina M. Kishimoto), Hawaii (State)

Dates
In force from Aug. 3, 2021 to Sept. 30, 2021 (issued May 14, 2021)
Quarters
2021 Q22021 Q3
Limitations
Face-covering requirementSchools and child care
Functions reached
IN; WF
Grade
Primary source read
Days in this quarter
59 (in force on the last day)

[for school] year 2021-2022 scheduled to begin on August 3, 2021, the expectation is that all HIDOE schools will be fully open for daily, in-person learning... [with] masking, and distancing when appropriate

Enforcement: Department directive

Citation: Hawaii State Department of Education (Superintendent Christina M. Kishimoto), Memorandum, In-Person Learning for School Year 2021-22 (May 14, 2021) (Ex. HI-047) Open the exhibit

Ex. HI-024
Emergency Proclamation Related to the COVID-19 Response

Emergency Proclamation Related to the COVID-19 Response (statewide face covering; Safe Travels quarantine; vaccination and testing for State and county employees; hotel plans; county approval)

Governor David Y. Ige, Hawaii (State)

Dates
In force from Aug. 5, 2021 to Oct. 4, 2021
Quarters
2021 Q3
Limitations
Face-covering requirementTravel and quarantineWorkplace rulesVaccination or testingQuarantine and isolationOther
Functions reached
WF State and county workforce (tens of thousands of employees incl. teachers, police, EMTs); HR; LG hotels; TV; CB; SF masks
Grade
Primary source read
Days in this quarter
57 (in force on the last day)

All persons in the State shall wear a face covering over their nose and mouth as set forth in Exhibit A, which shall be enforced by each county... all State and county employees must attest to their respective department, office, or agency whether they are (1) fully vaccinated for COVID-19; (2) partially vaccinated...; or (3) not vaccinated... As an alternative, State and county employees who do not, by August 16, 2021, provide proof that (i) they are fully vaccinated... shall be subject to regular COVID-19 testing and may also be subject to restrictions on official travel. The testing shall occur either once or twice per week... all persons entering the State of Hawai'i shall be subject to mandatory self-quarantine as provided in the Travel Rules... [DOH authority] pursuant to sections 321-1 and 325-8, HRS, to require persons to quarantine if they test positive for COVID-19 or if they…

Enforcement: Section II.C: HRS 127A-25 rules; HRS 127A-29 misdemeanor 'unless noncompliance is designated by a county as a lesser offense'; Section III: employee non-compliance 'may result in disciplinary action, up to and including termination'

Citation: Governor David Y. Ige, Emergency Proclamation Related to the COVID-19 Response (Aug. 5, 2021) (Ex. HI-024) Open the exhibit

Ex. HI-067
Order Regarding Judiciary Operations, SCMF-20-0000152

Order extending judiciary operations restrictions (Aug. 6, 2021)

Supreme Court of Hawaii, Chief Justice Recktenwald, Hawaii (Court)

Dates
In force from Aug. 6, 2021 to Oct. 1, 2021
Quarters
2021 Q3
Limitations
Face-covering requirementCourts and public offices
Functions reached
CT courts
Grade
Primary source read
Days in this quarter
56 (in force on the last day)

All operations must continue to comply with social-distancing mandates and the wearing of face coverings as set [forth in the Governor's proclamations]... [provisions] extended through [Oct. 4, 2021]... resumption of jury trials, provided that all operations shall be [conducted in compliance with social-distancing mandates] ordered by Governor Ige, including requiring the use of face [coverings]

Enforcement: Court order

Citation: Supreme Court of Hawaii, Chief Justice Recktenwald, Order Regarding Judiciary Operations, SCMF-20-0000152 (Aug. 6, 2021) (Ex. HI-067) Open the exhibit

Ex. HI-046
Memorandum, Attestation of COVID-19 Testing or Vaccination

HIDOE memorandum implementing the Governor's vaccination-or-testing requirement for all DOE employees (Aug. 13, 2021)

Hawaii State Department of Education (Interim Superintendent Keith T. Hayashi), Hawaii (State)

Dates
In force from Aug. 16, 2021 to Sept. 30, 2021 (issued Aug. 13, 2021)
Quarters
2021 Q3
Limitations
Schools and child careWorkplace rulesVaccination or testing
Functions reached
WF the State's largest employer (about 22,000 employees); HR
Grade
Primary source read
Days in this quarter
46 (in force on the last day)

On August 5, 2021, Governor David Y. Ige issued an Emergency Proclamation Related to the COVID-19 Response. This proclamation requires all state and county employees to attest and [provide proof whether they are:] 1. Fully vaccinated for COVID-19; 2. Partially vaccinated for COVID-19...; or 3. Not vaccinated for COVID-19. To comply with the Governor's proclamation, provide a safe environment for students and staff [all employees shall attest and unvaccinated employees shall test weekly]

Enforcement: Discipline up to termination under the proclamation; DOE Non-Compliance memorandum of Aug. 29, 2021

Citation: Hawaii State Department of Education (Interim Superintendent Keith T. Hayashi), Memorandum, Attestation of COVID-19 Testing or Vaccination (Aug. 13, 2021) (Ex. HI-046) Open the exhibit

Ex. HI-052
COVID-19 Home Isolation and Quarantine Guidance (Updated August 18, 2021)

DOH Home Isolation and Quarantine Guidance in force in Q3 2021 (10-day quarantine of close contacts; isolation of cases)

Hawaii State Department of Health, Disease Outbreak Control Division, Hawaii (State)

Dates
In force from Aug. 18, 2021 to Jan. 20, 2022
Quarters
2021 Q3
Limitations
Quarantine and isolation
Functions reached
WF workforce exclusion during the Delta wave (record case counts Aug.-Sept. 2021); HR
Grade
Primary source read
Days in this quarter
44 (in force on the last day)

[Persons who test positive must isolate at home; unvaccinated close contacts must quarantine at home for 10 days from last exposure]

Enforcement: HRS 325-8 quarantine authority; recited as mandatory in the Aug. 5, 2021 Emergency Proclamation ('DOH [has authority] to require persons to quarantine if they test positive for COVID-19 or if they are a close contact')

Citation: Hawaii State Department of Health, Disease Outbreak Control Division, COVID-19 Home Isolation and Quarantine Guidance (Updated August 18, 2021) (Aug. 18, 2021) (Ex. HI-052) Open the exhibit

Ex. HI-045
Presentation on Opening Schools, General Business Meeting, Aug. 19, 2021

BOE Presentation on Opening Schools, School Year 2021-22 (in-person learning; masks; vaccination; distance-learning limits)

Hawaii State Board of Education / Department of Education, Hawaii (State)

Dates
In force from Aug. 19, 2021 to Sept. 30, 2021
Quarters
2021 Q3
Limitations
Face-covering requirementSchools and child careVaccination or testing
Functions reached
IN; AC athletics and activities; WF
Grade
Primary source read
Days in this quarter
43 (in force on the last day)

School Year 2021-22: In-person Learning... [core strategies:] WEAR A FACE MASK... GET VACCINATED... extracurricular activities virtually to protect in-person education, unless all participants are fully vaccinated

Enforcement: Board policy

Citation: Hawaii State Board of Education / Department of Education, Presentation on Opening Schools, General Business Meeting, Aug. 19, 2021 (Ex. HI-045) Open the exhibit

Ex. HI-026
Executive Order No. 21-06

Executive Order No. 21-06 (Healthcare Facilities and Professionals: crisis standards of care framework and civil immunity during the Delta surge)

Governor David Y. Ige, Hawaii (State)

Dates
In force from Sept. 1, 2021 to Oct. 1, 2021
Quarters
2021 Q3
Limitations
Health care orders
Functions reached
IP inpatient surge and rationing; SX elective procedures deferred under crisis standards; ED; HR
Grade
Primary source read
Days in this quarter
30 (in force on the last day)

'Health care facility' means any program, institution, place, building, or agency, or portion thereof, private or public, other than federal facilities or services, whether organized for profit or not, used, operated, or designed to provide medical diagnosis, treatment, nursing, rehabilitative, or preventive care to any person or persons... [directing facilities to render assistance in support of the State's response and providing immunity from civil liability for death or injury caused by acts or omissions in rendering assistance, including omission of care under crisis standards]

Enforcement: Executive order under the emergency; conditions immunity on good-faith compliance with State and federal orders

Citation: Governor David Y. Ige, Executive Order No. 21-06 (Sept. 1, 2021) (Ex. HI-026) Open the exhibit

Ex. HI-027
Executive Order No. 21-07

Executive Order No. 21-07 (Access to State Property: vaccination or negative test for contractors and visitors entering State facilities)

Governor David Y. Ige, Hawaii (State)

Dates
In force from Sept. 13, 2021 to Oct. 1, 2021
Quarters
2021 Q3
Limitations
Courts and public officesWorkplace rulesVaccination or testing
Functions reached
CT State agencies and public offices; JS contractors on State projects; PT harbors and airports; HR
Grade
Primary source read
Days in this quarter
18 (in force on the last day)

All contractors entering, working, or providing service in any State facility, as defined below, shall comply with the following:... The contractor shall identify all employees accessing [State facilities and attest] whether they are: (1) fully vaccinated for COVID-19; (2) partially vaccinated...; or (3) not vaccinated for COVID-19;... The contractor will ensure and provide weekly verification that any unvaccinated or partially vaccinated employee is subject to regular COVID-19 testing that shall occur either once or twice per week... [visitors to provide their vaccination or testing status as a condition of entry onto State property]

Enforcement: Condition of entry onto State property; enforced by State departments (see HIDOT Harbor Master Notice, Ex. HI-028)

Citation: Governor David Y. Ige, Executive Order No. 21-07 (Sept. 13, 2021) (Ex. HI-027) Open the exhibit

Agencies, boards and authorities: Hawaii

Ex. AGY-ST-TRADE-BOARDS-071
Order Regarding the September 2020 Bar Exam in Light of COVID-19, SCMF-12-0000538 (provisional admission without written examination, expiring July 1, 2022, as an alternative to sitting for the Sept. 9-10, 2020 exam)

In the Matter of the September 2020 Bar Exam - Order Regarding the September 2020 Bar Exam in Light of COVID-19

Supreme Court of Hawaii (Recktenwald, C.J., Nakayama and McKenna, JJ., and ICA Chief Judge Ginoza; Wilson, J., concurring separately), Hawaii; Supreme Court of Hawaii (bar admission) (Court)

Dates
In force from July 22, 2020 to July 1, 2022
Quarters
2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Gathering capCourts and public officesOther
Functions reached
HR admission of the 2020 class by provisional license (in force through Q3 2021 and beyond); GATH the postponed Sept. 2020 sitting held under distancing, screening and masks; CS
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

WHEREAS, there exist significant logistical challenges and health concerns surrounding sitting for a traditional bar exam during the COVID-19 pandemic, and WHEREAS, although protective measures such as social distancing, health screening, use of masks, and enhanced cleaning will be implemented for the Hawaii bar exam now scheduled for September 9 and 10, 2020, nevertheless significant concerns may still exist for some applicants... NOW, THEREFORE, the court hereby orders that individuals who registered for the written bar examination now scheduled for September 9 and 10, 2020 who are approved by order of this court to sit for that exam may, in the alternative to completing the written examination, elect to be provisionally admitted as an attorney of this State, without written examination, by provisional license that shall expire on July 1, 2022

Enforcement: Court order; RSCH Rule 2

Citation: Supreme Court of Hawaii (Recktenwald, C.J., Nakayama and McKenna, JJ., and ICA Chief Judge Ginoza; Wilson, J., concurring separately), Order Regarding the September 2020 Bar Exam in Light of COVID-19, SCMF-12-0000538 (provisional admission without written examination, expiring July 1, 2022, as an alternative to sitting for the Sept. 9-10, 2020 exam) (July 22, 2020) (Ex. AGY-ST-TRADE-BOARDS-071) Open the exhibit

End of general restrictions, State of Hawaii: The Statewide Face Covering Requirement and the Safe Travels quarantine/test/vaccination regime continued to 11:59 p.m. March 25, 2022, when the final COVID-19 emergency proclamation expired (Ex. HI-055). (2021-12-01 (gathering and capacity limits); 2022-03-25/26 (mask mandate, Safe Travels, emergency proclamation)). What remained: After Dec. 1, 2021: the statewide indoor face-covering requirement (to Mar. 25, 2022); Safe Travels mandatory quarantine for arriving travelers absent proof of vaccination or negative test (to Mar. 25, 2022); the State and county employee vaccination-or-testing policy and EO 21-07 State-facility access rules (to the end of the emergency); county vaccination-proof programs (Safe Access Oahu, Maui) under the Governor's approval; Judiciary facility and jury-trial orders. Nothing in the general business regime ended before September 30, 2021.

Preemption of local orders, State of Hawaii: Hawaii did not preempt or bar county orders; it did the opposite. From the Sixth Supplementary Proclamation (Apr. 25, 2020) forward every proclamation invoked HRS 127A-13(a)(5) and provided: 'I direct all counties to obtain my approval, or the approval of the Director of Hawaii Emergency Management Agency (HIEMA), prior to issuing any emergency order, rule, or proclamation' (Ex. HI-024 at 2; same clause in Ex. HI-009, HI-019, HI-023, HI-029). County mayors' orders (Honolulu, Maui, Hawaii, Kauai; see the HNL metro file) therefore operated as State-approved instruments, and the proclamations stated that any inconsistency 'shall be read to allow a county maximum flexibility to exercise its respective emergency management authority' (Ex. HI-007 at 14). From the Tenth Proclamation (July 17, 2020) the State fixed the framework (Roadmap tiers, statewide mask rule, travel quarantine) and let counties set business capacity and gathering caps within it; EO 21-05 (Aug. 10, 2021) and EO 21-08 (Nov. 2, 2021) reversed the direction by fixing statewide floors that 'supersede less restrictive orders, rules, or directives of any of the counties' while allowing counties to be 'more restrictive' (Ex. HI-030 at 3). The State's employee vaccination policy expressly did not 'preempt the mayor of any county from issuing such a vaccination mandate directive' (Ex. HI-024 at 6).

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

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):

  • HI-023 (Twenty-First Proclamation, July 1 - Aug. 6, 2021: statewide mask mandate, Safe Travels quarantine, hotel Health and Safety Plan mandate, county-approval requirement, eviction moratorium)
  • HI-024 (Emergency Proclamation Related to the COVID-19 Response, Aug. 5 - Oct. 4, 2021: mask mandate Exhibit A, travel quarantine rules Exhibit B, State and county employee vaccination-or-testing from Aug. 16)
  • HI-026 (Executive Order 21-06, Sept. 1, 2021: health care facility crisis-standards immunities)
  • HI-027 (Executive Order 21-07, Sept. 13, 2021: vaccination or negative test for contractors and visitors entering State facilities)
  • HI-031 (Order for Self-Quarantine served on arriving travelers, rev. May 25, 2021)
  • HI-065, HI-066, HI-067 (Supreme Court operations and facilities orders of June 7, June 15 and Aug. 6, 2021: face coverings, screening, remote proceedings)
  • HI-068 (Order Postponing Jury Trials, Aug. 16, 2021, to dates after Oct. 4, 2021)
  • HI-069 (First Extension, Sept. 29, 2021, to dates after Nov. 16, 2021)
  • HI-043, HI-044, HI-045 (DOE and DOH school rules: indoor masks for all students and staff; quarantine of unvaccinated close contacts)
  • HI-046 (DOE attestation and weekly testing of all employees from Aug. 16, 2021)
  • HI-052 (DOH Home Isolation and Quarantine Guidance, Aug. 18, 2021: 10-day quarantine of close contacts under HRS 321-1 and 325-8, recited as mandatory in HI-024 at 8)
  • HI-028 (HIDOT Harbors restatement of EO 21-07, Oct. 8, 2021, describing the rules applied at State harbors from Sept. 13)

5. Standing duties in Hawaii

Hawaii bound every person and every employer to the pandemic protocols through four standing bodies of law that operated whether or not any particular proclamation named the employer. First, the Emergency Management Act, HRS chapter 127A: section 127A-25 lets the Governor adopt rules that 'have the force and effect of law'; section 127A-29 makes violation of any such rule a misdemeanor punishable by a fine of up to $5,000 or a year in prison, or both; section 127A-13(a)(1) authorizes quarantine, the closing of property and the summary abatement of public nuisances; section 127A-12(b)(14) authorizes restriction of 'the congregation of the public.' Every COVID-19 proclamation from March 23, 2020 to October 1, 2021 invoked those sections and recited the penalty (Ex. HI-004 at 8; Ex. HI-023 at 6; Ex. HI-024 at 4). Second, the communicable-disease statutes: HRS section 321-1(c) gives the Department of Health authority 'in matters of quarantine' and section 321-1(f) commands every sheriff, police officer and county officer to 'enforce the rules of the department'; section 325-8 defines quarantine as 'compulsory physical separation' by order of the Department or a court and makes disobedience a misdemeanor; section 325-14 and section 321-18 make violation of any Department rule a misdemeanor; HAR section 11-156-5 orders every person diagnosed or provisionally diagnosed with a listed communicable disease to 'remain in the person's residence' for the prescribed period, and the Department states the rule as 'exclusion from school and workplace.' Every proclamation from February 2021 recited the Department's independent authority 'pursuant to sections 321-1 and 325-8, HRS, to require persons to quarantine if they test positive for COVID-19 or if they are a close contact' (Ex. HI-019 at 5; Ex. HI-024 at 6). Third, the workplace duty: HRS section 396-6(a) requires every employer to furnish 'a place of employment which are safe as well as free from recognized hazards' and forbids any employer to 'permit or suffer any employee to go or be in any... place of employment which is not free from recognized hazards that are causing or likely to cause death or serious physical harm'; HAR section 12-60-2(a)(1) requires every employer to 'do everything reasonable and necessary to protect the life, safety, and health of the employees' and section 12-60-2(b)(2)(A) to 'eliminate or control all existing and potential hazards within the workplace in a timely manner'; HIOSH adopted the federal COVID-19 Healthcare Emergency Temporary Standard as HAR section 12-60-51, in force July 25, 2021 to January 25, 2022, after a statutory finding of 'grave danger,' and issued inspection procedures (DIR 2021-02) and a COVID-19 national emphasis program (DIR 2021-03). Fourth, the sanitary code: HRS chapter 322 commands the Department to examine 'all causes of sickness or disease' and to 'cause the same to be abated, destroyed, removed, or prevented,' with notice to owners to abate at their own expense, administrative penalties of up to $10,000 per offense and injunctive relief; the Food Safety Code, HAR chapter 11-50, requires the person in charge of every food establishment to exclude or restrict symptomatic food employees and lets the Department close an establishment by summary suspension of its permit. Hawaii enacted no general COVID-19 liability shield for businesses; the House asked the Legislative Reference Bureau to study the subject in March 2021 (H.R. No. 60), and the only immunity conferred was the health-care immunity of Executive Orders 20-05 and 21-06 and the Rules Relating to Immunities for Health Care Practices, conditioned on facilities and professionals that 'in good faith comply completely with all state and federal orders regarding this emergency' (Ex. HI-007 Exhibit A; Ex. HI-023 Exhibit A; Ex. HI-026). The proclamations themselves made continued operation conditional: from July 17, 2020 through the end of the period every proclamation ordered that 'All persons shall comply with applicable... guidance from the Centers for Disease Control and Prevention (CDC) as well as... State, county, industry and regulatory requirements for safe practices' (Ex. HI-011 at 4; Ex. HI-016 at 5; Ex. HI-023 at 5; Ex. HI-024 at 3; Ex. HI-029 at 4), the Roadmap provided that 'In all cases, businesses and operations must follow applicable CDC, industry and regulatory guidelines related to COVID-19 prior to opening' (Ex. HI-011 Exhibit F), and every hotel operator 'shall adopt a COVID-19 Health and Safety Plan' that 'shall address all applicable guidance from the CDC' (Ex. HI-016 at 5). The verb throughout is 'shall' or 'must'; the Department of Health's own sector guidance of May 21, 2020 used 'are encouraged' and 'recommended' for operators and 'required' for customer face coverings, and its legal force came from the Roadmap and the Safe Practices clause that incorporated it. The federal district court held on July 2, 2020 that violation of the quarantine and of the stay-at-home provisions 'is a misdemeanor' and that the proclamations bear 'a real or substantial relation to the public health crisis' (Carmichael v. Ige); the Intermediate Court of Appeals held on February 25, 2022 that the Act confers 'comprehensive powers,' that its rules carry misdemeanor penalties of up to $5,000 and one year, and that the Governor's successive proclamations were lawful (For Our Rights v. Ige); the Attorney General announced the circuit court's October 15, 2020 ruling that the statute's purpose 'is to confer comprehensive powers to protect the public and save lives' and stated that 'the Governor's emergency proclamations are lawful' and that residents and visitors were to continue 'to follow these rules' (News Release 2020-92).

The State's standing duties

Ex. DUT-HI-001

Hawaii Revised Statutes chapter 127A (Emergency Management), in particular §§ 127A-9, 127A-12(b)(14), 127A-13(a)(1), 127A-25 and 127A-29

Emergency Management

Legislature of the State of Hawaii (codified as Hawaii Revised Statutes chapter 127A, Emergency Management, Act 111, Session Laws of Hawaii 2014), Hawaii (State)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Emergency declarationBusiness closureGathering capQuarantine and isolationStanding duty
Character
order penalty
Grade
Primary source read

Any person violating any rule of the governor or mayor prescribed and promulgated pursuant to this chapter and having the force and effect of law, shall, if it shall be so stated in the rule, be guilty of a misdemeanor. Upon conviction, the person shall be fined not more than $5,000, or imprisoned not more than one year, or both.

Enforcement: misdemeanor; fine not more than $5,000 or imprisonment not more than one year, or both (§ 127A-29); injunctions (§ 127A-28); summary abatement and closing of property (§ 127A-13(a)(1))

Citation: Legislature of the State of Hawaii (codified as Hawaii Revised Statutes chapter 127A, Emergency Management, Act 111, Session Laws of Hawaii 2014), Hawaii Revised Statutes chapter 127A (Emergency Management), in particular §§ 127A-9, 127A-12(b)(14), 127A-13(a)(1), 127A-25 and 127A-29 (standing) (Ex. DUT-HI-001) Open the exhibit

Ex. DUT-HI-002

Hawaii Revised Statutes chapter 325 (Infectious and Communicable Diseases), in particular §§ 325-6, 325-8, 325-9, 325-13 and 325-14

Infectious and Communicable Diseases

Legislature of the State of Hawaii (codified as HRS chapter 325, Infectious and Communicable Diseases), Hawaii (State)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Business closureQuarantine and isolationStanding duty
Character
statutory duty
Grade
Primary source read

An individual subject to quarantine shall obey the department's rules and orders, shall not go beyond the quarantined premises, and shall not put the individual's self in contact with any individual not subject to quarantine... Violation of any of the provisions of this subsection is a misdemeanor.

Enforcement: misdemeanor (§ 325-8(c), (d)); misdemeanor for violation of the chapter or any Department rule, punished as provided by § 321-18 (§ 325-14); police 'shall immediately aid and assist' and 'such force as is reasonably necessary' may be used (§ 325-9)

Citation: Legislature of the State of Hawaii (codified as HRS chapter 325, Infectious and Communicable Diseases), Hawaii Revised Statutes chapter 325 (Infectious and Communicable Diseases), in particular §§ 325-6, 325-8, 325-9, 325-13 and 325-14 (standing) (Ex. DUT-HI-002) Open the exhibit

Ex. DUT-HI-003

Hawaii Revised Statutes chapter 321 (Department of Health), in particular §§ 321-1, 321-11 and 321-18

Department of Health: general powers and duties; subjects of health rules; penalty

Legislature of the State of Hawaii (codified as HRS chapter 321, Department of Health), Hawaii (State)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Schools and child careWorkplace rulesQuarantine and isolationStanding duty
Character
statutory authority
Grade
Primary source read

The department shall have authority in matters of quarantine and other health matters and may declare and enforce quarantine when none exists and modify or release quarantine when it is established.... All county health authorities, sheriffs, police officers, and all other officers and employees of the State, and every county thereof, shall enforce the rules of the department.

Enforcement: misdemeanor for violation of any Department rule (§ 321-18: 'every person who violates any rule of the department, after the same has been adopted, as provided in section 321-10, shall be guilty of a misdemeanor')

Citation: Legislature of the State of Hawaii (codified as HRS chapter 321, Department of Health), Hawaii Revised Statutes chapter 321 (Department of Health), in particular §§ 321-1, 321-11 and 321-18 (standing) (Ex. DUT-HI-003) Open the exhibit

Ex. DUT-HI-004

Hawaii Revised Statutes chapter 322, Part I (Abatement of Nuisances), §§ 322-1, 322-2, 322-8 and 322-9

Nuisances; Sanitary Regulations: removal and prevention; ordering owner to remove; administrative penalties; injunctive relief

Legislature of the State of Hawaii (codified as HRS chapter 322, Nuisances; Sanitary Regulations), Hawaii (State)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Business closureStanding dutyOperating condition
Character
sanitary code duty
Grade
Primary source read

The department of health and its agents shall examine into all nuisances... sources of filth, and all causes of sickness or disease... which in their opinion are dangerous or injurious to health, and into any and all conditions created or existing which cause or tend to cause sickness or disease... and shall cause the same to be abated, destroyed, removed, or prevented.

Enforcement: administrative penalty 'not more than $10,000 for each separate offense' (§ 322-8(a)); order to correct at the violator's own expense (§ 322-8(c)); injunctive relief (§ 322-9); court order to abate and recovery of the Department's expenses (§ 322-2)

Citation: Legislature of the State of Hawaii (codified as HRS chapter 322, Nuisances; Sanitary Regulations), Hawaii Revised Statutes chapter 322, Part I (Abatement of Nuisances), §§ 322-1, 322-2, 322-8 and 322-9 (standing) (Ex. DUT-HI-004) Open the exhibit

Ex. DUT-HI-005

Hawaii Revised Statutes chapter 396 (Occupational Safety and Health), in particular §§ 396-4(a)(2), 396-6 and 396-10

Employer responsibility: safe place of employment; safety devices and safeguards; violations and penalties

Legislature of the State of Hawaii (codified as HRS chapter 396, Hawaii Occupational Safety and Health Law; State OSHA plan administered by the Department of Labor and Industrial Relations, Hawaii Occupational Safety and Health Division (HIOSH)), Hawaii (State)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Workplace rulesStanding duty
Character
workplace duty
Grade
Primary source read

Every employer shall furnish to each of the employer's employees employment and a place of employment which are safe as well as free from recognized hazards. No employer shall require or direct or permit or suffer any employee to go or be in any employment or place of employment which is not free from recognized hazards that are causing or likely to cause death or serious physical harm

Enforcement: civil penalty of not more than $7,700 for each serious violation (§ 396-10(b)); up to $7,700 for other-than-serious violations (§ 396-10(c)); $5,500 to $77,000 for each willful or repeated violation (§ 396-10(f)); each day a violation continues is a separate violation (§ 396-10(d)); criminal fine and imprisonment for willful violations causing death (§ 396-10(g))

Citation: Legislature of the State of Hawaii (codified as HRS chapter 396, Hawaii Occupational Safety and Health Law; State OSHA plan administered by the Department of Labor and Industrial Relations, Hawaii Occupational Safety and Health Division (HIOSH)), Hawaii Revised Statutes chapter 396 (Occupational Safety and Health), in particular §§ 396-4(a)(2), 396-6 and 396-10 (standing) (Ex. DUT-HI-005) Open the exhibit

Ex. DUT-HI-006

Hawaii Administrative Rules, Title 12, Subtitle 8, Part 2, chapter 60 (General Safety and Health Requirements), § 12-60-2 (Safety and health programs)

General Safety and Health Requirements; Safety and health programs

Department of Labor and Industrial Relations, Hawaii Occupational Safety and Health Division (HIOSH), Hawaii (State)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Workplace rulesStanding duty
Character
workplace duty
Grade
Primary source read

Every employer shall comply with the state laws, standards, and rules regarding a safe place of employment and safe practices, and shall do everything reasonable and necessary to protect the life, safety, and health of the employees.... The employer shall eliminate or control all existing and potential hazards within the workplace in a timely manner

Enforcement: civil penalties under HRS § 396-10 (Ex. DUT-HI-005)

Citation: Department of Labor and Industrial Relations, Hawaii Occupational Safety and Health Division (HIOSH), Hawaii Administrative Rules, Title 12, Subtitle 8, Part 2, chapter 60 (General Safety and Health Requirements), § 12-60-2 (Safety and health programs) (standing) (Ex. DUT-HI-006) Open the exhibit

Ex. DUT-HI-007

Legal Notice: Notice of Emergency Temporary Standards Adoption (COVID-19 Healthcare ETS adopted as HAR § 12-60-51)

Notice of Emergency Temporary Standards Adoption Notice

Department of Labor and Industrial Relations, Hawaii Occupational Safety and Health Division (HIOSH), Hawaii (State)

Dates
Standing (2021-07-25; employers to comply with all requirements except paragraphs (i), (k) and (n) of 29 C.F.R. § 1910.502 by Aug. 8, 2021 and with those paragraphs by Aug. 25, 2021)
Quarters
2021 Q3
Limitations
Face-covering requirementHealth care ordersWorkplace rulesQuarantine and isolationStanding duty
Character
agency position statement
Grade
Primary source read

the Director of Labor and Industrial Relations has determined that, under HRS § 396-4(a)(2), the ETS should be adopted because Hawaii's employees are exposed to grave danger... and an emergency standard is necessary to protect employees from danger. Therefore, HIOSH adopts federal OSHA's ETS as HAR § 12-60-51

Enforcement: civil penalties under HRS § 396-10; inspections under DIR 2021-02 (Ex. DUT-HI-009)

Citation: Department of Labor and Industrial Relations, Hawaii Occupational Safety and Health Division (HIOSH), Legal Notice: Notice of Emergency Temporary Standards Adoption (COVID-19 Healthcare ETS adopted as HAR § 12-60-51) (July 25, 2021) (Ex. DUT-HI-007) Open the exhibit

Ex. DUT-HI-008

Hawaii Administrative Rules § 12-60-51, Emergency Temporary Standard (COVID-19 Healthcare)

Emergency Temporary Standard

Department of Labor and Industrial Relations, Hawaii Occupational Safety and Health Division (HIOSH), Hawaii (State)

Dates
Standing (2021-07-25 (compliance dates Aug. 8 and Aug. 25, 2021 as State-specific amendments to 29 C.F.R. § 1910.502(s)))
Quarters
2021 Q3
Limitations
Face-covering requirementHealth care ordersWorkplace rulesQuarantine and isolationStanding duty
Character
covid workplace rule
Grade
Primary source read

Title 29, Part 1910, Subpart U of the Code of Federal Regulations, published in the Federal Register on June 21, 2021 in Volume 86, Number 116, is made a part of this chapter except as provided in subsections (b) through (e). (b) State specific effective date. The emergency temporary standard is effective from July 25, 2021 to January 25, 2022.

Enforcement: civil penalties under HRS § 396-10

Citation: Department of Labor and Industrial Relations, Hawaii Occupational Safety and Health Division (HIOSH), Hawaii Administrative Rules § 12-60-51, Emergency Temporary Standard (COVID-19 Healthcare) (July 25, 2021) (Ex. DUT-HI-008) Open the exhibit

Ex. DUT-HI-009

HIOSH Directive DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 Emergency Temporary Standard (adopted July 25, 2021; revised Oct. 1, 2021)

Inspection Procedures for the COVID-19 Emergency Temporary Standard

Department of Labor and Industrial Relations, Hawaii Occupational Safety and Health Division (HIOSH), Norman Ahu, HIOSH Administrator, Hawaii (State)

Dates
Standing (2021-07-25)
Quarters
2021 Q3
Limitations
Health care ordersWorkplace rulesStanding duty
Character
covid workplace rule
Grade
Primary source read

This CPL is adopted in its entirety on July 25, 2021. This CPL was revised due to HIOSH's adopting of DIR 2021-03 - Revised National Emphasis Program - Coronavirus Disease 2019 (COVID-19).... Emergency Temporary Standard (ETS): HIOSH Emergency Temporary Standard (ETS) section §12-60-51, Hawaii Administrative Rules (HAR) adopted July 25, 2021.

Enforcement: citations and civil penalties under HRS § 396-10

Citation: Department of Labor and Industrial Relations, Hawaii Occupational Safety and Health Division (HIOSH), Norman Ahu, HIOSH Administrator, HIOSH Directive DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 Emergency Temporary Standard (adopted July 25, 2021; revised Oct. 1, 2021) (Ex. DUT-HI-009) Open the exhibit

Ex. DUT-HI-010

HIOSH News notice of Apr. 20, 2020: HIOSH to follow OSHA's Apr. 16, 2020 enforcement memorandum on good-faith efforts (with the memorandum reproduced)

HIOSH to follow OSHA's 4/16/20 Discretion in Enforcement when Considering an Employer's Good Faith Efforts During the Coronavirus Disease 2019 (COVID-19) Pandemic

Department of Labor and Industrial Relations, Hawaii Occupational Safety and Health Division (HIOSH), Hawaii (State)

Dates
Standing (2020-04-20)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Workplace rules
Character
guidance incorporated
Grade
Primary source read

HIOSH to follow OSHA's 4/16/20 enforcement memo on Discretion in Enforcement when Considering an Employer's Good Faith Efforts During the Coronavirus Disease 2019 (COVID-19) Pandemic, effective 4/20/2020.

Enforcement: citations and civil penalties under HRS § 396-10 where no good-faith effort is shown

Citation: Department of Labor and Industrial Relations, Hawaii Occupational Safety and Health Division (HIOSH), HIOSH News notice of Apr. 20, 2020: HIOSH to follow OSHA's Apr. 16, 2020 enforcement memorandum on good-faith efforts (with the memorandum reproduced) (Ex. DUT-HI-010) Open the exhibit

Ex. DUT-HI-011

Hawaii Administrative Rules § 11-156-5, Isolation (chapter 11-156, Communicable Diseases)

Isolation

Department of Health (rule); text read in the Legal Information Institute (Cornell) compilation of the Hawaii Administrative Rules, Hawaii (State)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Workplace rulesQuarantine and isolationStanding duty
Character
sanitary code duty
Grade
Confirmed from a secondary source

Any person who has been informed by the department, a private practitioner, or a hospital that he or she has been diagnosed or provisionally diagnosed with a communicable disease for which strict isolation is indicated in Exhibit C, shall remain in the person's residence... until the expiration of the prescribed period of isolation for the particular disease.

Enforcement: misdemeanor for violation of any Department rule (HRS § 325-14; HRS § 321-18)

Citation: Department of Health (rule); text read in the Legal Information Institute (Cornell) compilation of the Hawaii Administrative Rules, Hawaii Administrative Rules § 11-156-5, Isolation (chapter 11-156, Communicable Diseases) (standing) (Ex. DUT-HI-011) Open the exhibit

Ex. DUT-HI-012

Department of Health web page, 'Hawaii Isolation and Control Requirements' (Reporting an Illness: For Healthcare Providers)

Hawaii Isolation and Control Requirements

Department of Health, Disease Outbreak Control Division, Hawaii (State)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Workplace rulesQuarantine and isolationStanding duty
Character
agency position statement
Grade
Confirmed from a secondary source

Any person informed by the department, a private physician, or hospital that he or she has or is suspected of having a communicable disease for which isolation is required, shall remain isolated in the manner prescribed by the department of health. Isolation shall include exclusion from school and workplace, and restriction from food handling and direct care occupations.

Enforcement: misdemeanor for violation of Department rules (HRS §§ 325-14, 321-18); reporting of violations by health care providers

Citation: Department of Health, Disease Outbreak Control Division, Department of Health web page, 'Hawaii Isolation and Control Requirements' (Reporting an Illness: For Healthcare Providers) (standing) (Ex. DUT-HI-012) Open the exhibit

Ex. DUT-HI-013

Hawaii Administrative Rules, Title 11, chapter 50, Food Safety Code, in particular §§ 11-50-11 (Prevention of foodborne disease transmission by employees), 11-50-20 (Supervision) and 11-50-21 (Employee health)

Food Safety Code

Department of Health, Sanitation Branch (Food Safety Branch), Hawaii (State)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Business closureWorkplace rulesStanding dutyOperating condition
Character
sanitary code duty
Grade
Primary source read

The person in charge shall exclude or restrict a food employee from a food establishment... exclude a food employee if the food employee is: (A) Symptomatic with vomiting or diarrhea... [§ 11-50-11(b):] the department may issue an order... (3) Closing the food establishment by summarily suspending a permit to operate

Enforcement: summary suspension of the permit to operate and closure (§ 11-50-11(b)(3), § 11-50-12(c)); orders of restriction or exclusion (§ 11-50-11(c)); misdemeanor for violation of Department rules (HRS § 321-18)

Citation: Department of Health, Sanitation Branch (Food Safety Branch), Hawaii Administrative Rules, Title 11, chapter 50, Food Safety Code, in particular §§ 11-50-11 (Prevention of foodborne disease transmission by employees), 11-50-20 (Supervision) and 11-50-21 (Employee health) (standing) (Ex. DUT-HI-013) Open the exhibit

Ex. DUT-HI-014

State Roadmap to Recovery and Resilience: Guidance for Reopening Food Services Sector (Restaurants, Markets, and Food Manufacturing), Ver. 1.0

State Roadmap to Recovery and Resilience, Guidance for Reopening Food Services Sector, May 21, 2020, Ver. 1.0

Department of Health, Environmental Health Administration (Sanitation Branch), Hawaii (State)

Dates
Standing (2020-05-21, for use 'in conjunction with the phases found in Governor Ige's Eighth Supplementary Proclamation... Exhibit G')
Quarters
2020 Q22020 Q32020 Q4
Limitations
Capacity limitFace-covering requirementWorkplace rulesOperating condition
Character
recommendation only
Grade
Primary source read

Restaurants, markets and food manufacturers are encouraged to use the recommendations and resources contained in this document to develop best practices to mitigate risk to employees and customers... Customers are required to wear, at minimum, a cloth face covering when moving though a food establishment or while waiting for a pick-up order.

Enforcement: none in the instrument itself; the incorporating proclamations carry the HRS § 127A-29 misdemeanor; the Food Safety Code carries permit suspension

Citation: Department of Health, Environmental Health Administration (Sanitation Branch), State Roadmap to Recovery and Resilience: Guidance for Reopening Food Services Sector (Restaurants, Markets, and Food Manufacturing), Ver. 1.0 (May 21, 2020) (Ex. DUT-HI-014) Open the exhibit

Ex. DUT-HI-015

Order Denying Plaintiffs' Application for Temporary Restraining Order and Order to Show Cause Why Preliminary Injunction Should Not Issue, Carmichael v. Ige, Civil No. 20-00273 JAO-WRP, ECF No. 47 (D. Haw. July 2, 2020)

Carmichael v. Ige, Order Denying Plaintiffs' Application for Temporary Restraining Order

United States District Court for the District of Hawaii, Otake, J., Hawaii (United States District Court for the District of Hawaii) (Court)

Dates
Standing (2020-07-02)
Quarters
2020 Q3
Limitations
Stay-at-homeTravel and quarantineQuarantine and isolationOther
Character
adjudication
Grade
Primary source read

The Second Supplementary Proclamation imposed misdemeanor criminal penalties for violations of the quarantine rules.... As with the quarantine, violation of the stay-at-home provisions is a misdemeanor.... Defendant successfully demonstrates that his Emergency Proclamations have a real or substantial relation to the public health crisis caused by the COVID-19 pandemic.

Enforcement: recognizes the misdemeanor penalties of the proclamations under HRS § 127A-29

Citation: United States District Court for the District of Hawaii, Otake, J, Order Denying Plaintiffs' Application for Temporary Restraining Order and Order to Show Cause Why Preliminary Injunction Should Not Issue, Carmichael v. Ige, Civil No. 20-00273 JAO-WRP, ECF No. 47 (D. Haw. July 2, 2020) (Ex. DUT-HI-015) Open the exhibit

Ex. DUT-HI-016

For Our Rights v. Ige, No. CAAP-21-0000024, Opinion of the Court (Haw. Ct. App. Feb. 25, 2022) (for publication)

For Our Rights v. Ige

Intermediate Court of Appeals of the State of Hawaii (published opinion), Hawaii (Intermediate Court of Appeals of the State of Hawaii) (Court)

Dates
Standing (2022-02-25)
Limitations
Emergency declarationOther
Character
adjudication
Grade
Primary source read

The Emergency Management Act also includes provisions for the enforcement of any rule issued under the Act and punishment including not more than one year of imprisonment and/or a fine of not more than $5,000 for violation of any such rule. See HRS § 127A-28 (Supp. 2019) (regarding injunctions); HRS § 127A-29 (Supp. 2019) (regarding misdemeanor penalties for violations).

Enforcement: recognizes HRS § 127A-29 misdemeanor penalties and HRS § 127A-28 injunctions as the enforcement of every rule adopted under the Act

Citation: Intermediate Court of Appeals of the State of Hawaii (published opinion), For Our Rights v. Ige, No. CAAP-21-0000024, Opinion of the Court (Haw. Ct. App. Feb. 25, 2022) (for publication) (Ex. DUT-HI-016) Open the exhibit

Ex. DUT-HI-017

News Release 2020-92, Circuit Court Decision Upholds Lawfulness of Governor's Emergency Proclamations

Circuit Court Decision Upholds Lawfulness of Governor's Emergency Proclamations

Department of the Attorney General, Clare E. Connors, Attorney General, Hawaii (State)

Dates
Standing (2020-10-16)
Quarters
2020 Q4
Limitations
Emergency declarationOther
Character
agency position statement
Grade
Primary source read

the court explained that the purpose of Hawaii's emergency-powers statute 'is to confer comprehensive powers to protect the public and save lives.'... 'the Governor's emergency proclamations are lawful. By continuing to follow these rules, all residents and visitors protect each other and promote public health during this pandemic crisis.'

Enforcement: n/a (announcement); the rules referred to carry the HRS § 127A-29 misdemeanor

Citation: Department of the Attorney General, Clare E. Connors, Attorney General, News Release 2020-92, Circuit Court Decision Upholds Lawfulness of Governor's Emergency Proclamations (Oct. 16, 2020) (Ex. DUT-HI-017) Open the exhibit

Ex. DUT-HI-018

House Resolution No. 60 (2021), Requesting the Legislative Reference Bureau to Conduct a Study on Business Liability Protections Related to COVID-19-Related Claims

Requesting the Legislative Reference Bureau to Conduct a Study on Business Liability Protections Related to COVID-19-Related Claims

House of Representatives, Thirty-First Legislature of the State of Hawaii, Regular Session of 2021, Hawaii (State)

Dates
Standing (n/a (resolution))
Limitations
Other
Character
not enacted
Grade
Primary source read

WHEREAS, emergency proclamations and orders by the Governor and county mayors to prevent the spread of COVID-19 include safety measures and restrictions... which have allowed certain businesses to continue to remain open or reopen... the Legislature Reference Bureau is requested to conduct a study on business liability protections related to COVID-19-related claims

Enforcement: none

Citation: House of Representatives, Thirty-First Legislature of the State of Hawaii, Regular Session of 2021, House Resolution No. 60 (2021), Requesting the Legislative Reference Bureau to Conduct a Study on Business Liability Protections Related to COVID-19-Related Claims (Mar. 5, 2021) (Ex. DUT-HI-018) Open the exhibit

Ex. DUT-HI-019

HIOSH web page, 'Employer Responsibilities'

Employer Responsibilities

Department of Labor and Industrial Relations, Hawaii Occupational Safety and Health Division (HIOSH), Hawaii (State)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Workplace rulesStanding duty
Character
agency position statement
Grade
Primary source read

Under §396, Hawaii Revised Statutes (HRS), employers have a responsibility to provide a safe workplace.... Provide a workplace free from serious recognized hazards and comply with standards, rules and regulations issued under the OSH Act. Examine workplace conditions to make sure they conform to applicable HIOSH standards and incorporated OSHA standards.

Enforcement: civil penalties under HRS § 396-10 (Ex. DUT-HI-005)

Citation: Department of Labor and Industrial Relations, Hawaii Occupational Safety and Health Division (HIOSH), HIOSH web page, 'Employer Responsibilities' (standing) (Ex. DUT-HI-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 Hawaii 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 235 instruments in force for this selection: 26 instruments from the State of Hawaii (Governor David Y. Ige, Fifteenth Proclamation Related to the COVID-19 Emergency (Nov. 16, 2020) (Ex. HI-016); Governor David Y. Ige, Twenty-First Proclamation Related to the COVID-19 Emergency (June 7, 2021) (Ex. HI-023); Governor David Y. Ige, Executive Order No. 21-05 (Aug. 10, 2021) (Ex. HI-025); and 23 more), 1 instrument from the agencies, boards and authorities of Hawaii (Supreme Court of Hawaii (Recktenwald, C.J., Nakayama and McKenna, JJ., and ICA Chief Judge Ginoza; Wilson, J., concurring separately), Order Regarding the September 2020 Bar Exam in Light of COVID-19, SCMF-12-0000538 (provisional admission without written examination, expiring July 1, 2022, as an alternative to sitting for the Sept. 9-10, 2020 exam) (July 22, 2020) (Ex. AGY-ST-TRADE-BOARDS-071)), 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 41 standing duties (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); Congress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002); and 39 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: HR (Ex. HI-051); WF (Ex. HI-031); CB (Ex. HI-025); CT courts (Ex. HI-065); IN (Ex. HI-044); TV (Ex. HI-023); CS (Ex. AGY-ST-TRADE-BOARDS-071); CT courts statewide (Ex. HI-068); EC (Ex. HI-043); LG hotels (Ex. HI-023).

Step three, the change compelled. Governor David Y. Ige, Fifteenth Proclamation Related to the COVID-19 Emergency (Nov. 16, 2020) (Ex. HI-016) ordered: "All persons in the State shall wear a face covering over their nose and mouth when in public. The requirements of this statewide mask mandate are set forth in Exhibit J, which shall be enforced in each county... Exhibit J: All individuals shall wear face coverings over their noses and mouths when in…" Enforcement: HRS 127A-25 rules 'enforced in each county'; HRS 127A-29 misdemeanor Governor David Y. Ige, Twenty-First Proclamation Related to the COVID-19 Emergency (June 7, 2021) (Ex. HI-023) ordered: "I direct all counties to obtain my approval, or the approval of the Director of Hawaii Emergency Management Agency (HIEMA), prior to issuing any emergency order, rule, or proclamation... businesses and operations in each county may operate during this emergency as set forth in the respective county…" Enforcement: Section III.D: HRS 127A-25 rules with force of law; HRS 127A-29: 'any person who intentionally, knowingly or recklessly engages in conduct that violates any… Governor David Y. Ige, Executive Order No. 21-05 (Aug. 10, 2021) (Ex. HI-025) ordered: "do hereby order, effective August 10, 2021, the following: 1. For statewide implementation and as defined by each county...: a. Social Gatherings. Indoor social gatherings of more than ten persons and outdoor social gatherings of more than twenty-five persons are prohibited. b. Restaurants, Bars…" Enforcement: 'All measures set forth herein will be enforced by the counties pursuant to county orders, rules, and directives that identify offenses and penalties for each… 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. Fifteenth Proclamation Related to the COVID-19 Emergency (Ex. HI-016) was in force from Nov. 16, 2020 to Sept. 30, 2021, 92 of the quarter's 92 days; Twenty-First Proclamation Related to the COVID-19 Emergency (Ex. HI-023) was in force from June 7, 2021 to Aug. 6, 2021, 37 of the quarter's 92 days; Executive Order No. 21-05 (Ex. HI-025) was in force from Aug. 10, 2021 to Oct. 1, 2021, 52 of the quarter's 92 days. Of the 27 instruments in the quarter's record, 13 were in force on its first day, 24 on its last day and 10 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: 215 records, of which The COVID Project holds the document for 213. 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-TRADE-BOARDS-071Order Regarding the September 2020 Bar Exam in Light of COVID-19, SCMF-12-0000538 (provisional admission without written examination, expiring July 1, 2022, as…Supreme Court of Hawaii (Recktenwald, C.J., Nakayama and McKenna, JJ., and ICA Chief Judge Ginoza; Wilson, J., concurring separately)July 22, 2020Supreme Court of Hawaii (Recktenwald, C.J., Nakayama and McKenna, JJ., and ICA Chief Judge Ginoza; Wilson, J., concurring separately), Order Regarding the September 2020 Bar Exam in Light of COVID-19, SCMF-12-0000538 (provisional admission without written examination, expiring July 1, 2022, as an alternative to sitting for the Sept. 9-10, 2020 exam) (July 22, 2020) (Ex. AGY-ST-TRADE-BOARDS-071)/library/AGY-ST-TRADE-BOARDS-071/exhibit/AGY-ST-TRADE-BOARDS-071
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. DUT-HI-001Hawaii Revised Statutes chapter 127A (Emergency Management), in particular §§ 127A-9, 127A-12(b)(14), 127A-13(a)(1), 127A-25 and 127A-29Legislature of the State of Hawaii (codified as Hawaii Revised Statutes chapter 127A, Emergency Management, Act 111, Session Laws of Hawaii 2014)standingLegislature of the State of Hawaii (codified as Hawaii Revised Statutes chapter 127A, Emergency Management, Act 111, Session Laws of Hawaii 2014), Hawaii Revised Statutes chapter 127A (Emergency Management), in particular §§ 127A-9, 127A-12(b)(14), 127A-13(a)(1), 127A-25 and 127A-29 (standing) (Ex. DUT-HI-001)/library/DUT-HI-001/exhibit/DUT-HI-001
Ex. DUT-HI-002Hawaii Revised Statutes chapter 325 (Infectious and Communicable Diseases), in particular §§ 325-6, 325-8, 325-9, 325-13 and 325-14Legislature of the State of Hawaii (codified as HRS chapter 325, Infectious and Communicable Diseases)standingLegislature of the State of Hawaii (codified as HRS chapter 325, Infectious and Communicable Diseases), Hawaii Revised Statutes chapter 325 (Infectious and Communicable Diseases), in particular §§ 325-6, 325-8, 325-9, 325-13 and 325-14 (standing) (Ex. DUT-HI-002)/library/DUT-HI-002/exhibit/DUT-HI-002
Ex. DUT-HI-003Hawaii Revised Statutes chapter 321 (Department of Health), in particular §§ 321-1, 321-11 and 321-18Legislature of the State of Hawaii (codified as HRS chapter 321, Department of Health)standingLegislature of the State of Hawaii (codified as HRS chapter 321, Department of Health), Hawaii Revised Statutes chapter 321 (Department of Health), in particular §§ 321-1, 321-11 and 321-18 (standing) (Ex. DUT-HI-003)/library/DUT-HI-003/exhibit/DUT-HI-003
Ex. DUT-HI-004Hawaii Revised Statutes chapter 322, Part I (Abatement of Nuisances), §§ 322-1, 322-2, 322-8 and 322-9Legislature of the State of Hawaii (codified as HRS chapter 322, Nuisances; Sanitary Regulations)standingLegislature of the State of Hawaii (codified as HRS chapter 322, Nuisances; Sanitary Regulations), Hawaii Revised Statutes chapter 322, Part I (Abatement of Nuisances), §§ 322-1, 322-2, 322-8 and 322-9 (standing) (Ex. DUT-HI-004)/library/DUT-HI-004/exhibit/DUT-HI-004
Ex. DUT-HI-005Hawaii Revised Statutes chapter 396 (Occupational Safety and Health), in particular §§ 396-4(a)(2), 396-6 and 396-10Legislature of the State of Hawaii (codified as HRS chapter 396, Hawaii Occupational Safety and Health Law; State OSHA plan administered by the Department of Labor and Industrial Relations, Hawaii Occupational Safety and Health Division (HIOSH))standingLegislature of the State of Hawaii (codified as HRS chapter 396, Hawaii Occupational Safety and Health Law; State OSHA plan administered by the Department of Labor and Industrial Relations, Hawaii Occupational Safety and Health Division (HIOSH)), Hawaii Revised Statutes chapter 396 (Occupational Safety and Health), in particular §§ 396-4(a)(2), 396-6 and 396-10 (standing) (Ex. DUT-HI-005)/library/DUT-HI-005/exhibit/DUT-HI-005
Ex. DUT-HI-006Hawaii Administrative Rules, Title 12, Subtitle 8, Part 2, chapter 60 (General Safety and Health Requirements), § 12-60-2 (Safety and health programs)Department of Labor and Industrial Relations, Hawaii Occupational Safety and Health Division (HIOSH)standingDepartment of Labor and Industrial Relations, Hawaii Occupational Safety and Health Division (HIOSH), Hawaii Administrative Rules, Title 12, Subtitle 8, Part 2, chapter 60 (General Safety and Health Requirements), § 12-60-2 (Safety and health programs) (standing) (Ex. DUT-HI-006)/library/DUT-HI-006/exhibit/DUT-HI-006
Ex. DUT-HI-007Legal Notice: Notice of Emergency Temporary Standards Adoption (COVID-19 Healthcare ETS adopted as HAR § 12-60-51)Department of Labor and Industrial Relations, Hawaii Occupational Safety and Health Division (HIOSH)standingDepartment of Labor and Industrial Relations, Hawaii Occupational Safety and Health Division (HIOSH), Legal Notice: Notice of Emergency Temporary Standards Adoption (COVID-19 Healthcare ETS adopted as HAR § 12-60-51) (July 25, 2021) (Ex. DUT-HI-007)/library/DUT-HI-007/exhibit/DUT-HI-007
Ex. DUT-HI-008Hawaii Administrative Rules § 12-60-51, Emergency Temporary Standard (COVID-19 Healthcare)Department of Labor and Industrial Relations, Hawaii Occupational Safety and Health Division (HIOSH)standingDepartment of Labor and Industrial Relations, Hawaii Occupational Safety and Health Division (HIOSH), Hawaii Administrative Rules § 12-60-51, Emergency Temporary Standard (COVID-19 Healthcare) (July 25, 2021) (Ex. DUT-HI-008)/library/DUT-HI-008/exhibit/DUT-HI-008
Ex. DUT-HI-009HIOSH Directive DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 Emergency Temporary Standard (adopted July 25, 2021; revised Oct. 1, 2021)Department of Labor and Industrial Relations, Hawaii Occupational Safety and Health Division (HIOSH), Norman Ahu, HIOSH AdministratorstandingDepartment of Labor and Industrial Relations, Hawaii Occupational Safety and Health Division (HIOSH), Norman Ahu, HIOSH Administrator, HIOSH Directive DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 Emergency Temporary Standard (adopted July 25, 2021; revised Oct. 1, 2021) (Ex. DUT-HI-009)/library/DUT-HI-009/exhibit/DUT-HI-009
Ex. DUT-HI-010HIOSH News notice of Apr. 20, 2020: HIOSH to follow OSHA's Apr. 16, 2020 enforcement memorandum on good-faith efforts (with the memorandum reproduced)Department of Labor and Industrial Relations, Hawaii Occupational Safety and Health Division (HIOSH)standingDepartment of Labor and Industrial Relations, Hawaii Occupational Safety and Health Division (HIOSH), HIOSH News notice of Apr. 20, 2020: HIOSH to follow OSHA's Apr. 16, 2020 enforcement memorandum on good-faith efforts (with the memorandum reproduced) (Ex. DUT-HI-010)/library/DUT-HI-010/exhibit/DUT-HI-010
Ex. DUT-HI-011Hawaii Administrative Rules § 11-156-5, Isolation (chapter 11-156, Communicable Diseases)Department of Health (rule); text read in the Legal Information Institute (Cornell) compilation of the Hawaii Administrative RulesstandingDepartment of Health (rule); text read in the Legal Information Institute (Cornell) compilation of the Hawaii Administrative Rules, Hawaii Administrative Rules § 11-156-5, Isolation (chapter 11-156, Communicable Diseases) (standing) (Ex. DUT-HI-011)/library/DUT-HI-011/exhibit/DUT-HI-011
Ex. DUT-HI-012Department of Health web page, 'Hawaii Isolation and Control Requirements' (Reporting an Illness: For Healthcare Providers)Department of Health, Disease Outbreak Control DivisionstandingDepartment of Health, Disease Outbreak Control Division, Department of Health web page, 'Hawaii Isolation and Control Requirements' (Reporting an Illness: For Healthcare Providers) (standing) (Ex. DUT-HI-012)/library/DUT-HI-012/exhibit/DUT-HI-012
Ex. DUT-HI-013Hawaii Administrative Rules, Title 11, chapter 50, Food Safety Code, in particular §§ 11-50-11 (Prevention of foodborne disease transmission by employees)…Department of Health, Sanitation Branch (Food Safety Branch)standingDepartment of Health, Sanitation Branch (Food Safety Branch), Hawaii Administrative Rules, Title 11, chapter 50, Food Safety Code, in particular §§ 11-50-11 (Prevention of foodborne disease transmission by employees), 11-50-20 (Supervision) and 11-50-21 (Employee health) (standing) (Ex. DUT-HI-013)/library/DUT-HI-013/exhibit/DUT-HI-013
Ex. DUT-HI-014State Roadmap to Recovery and Resilience: Guidance for Reopening Food Services Sector (Restaurants, Markets, and Food Manufacturing), Ver. 1.0Department of Health, Environmental Health Administration (Sanitation Branch)standingDepartment of Health, Environmental Health Administration (Sanitation Branch), State Roadmap to Recovery and Resilience: Guidance for Reopening Food Services Sector (Restaurants, Markets, and Food Manufacturing), Ver. 1.0 (May 21, 2020) (Ex. DUT-HI-014)/library/DUT-HI-014/exhibit/DUT-HI-014
Ex. DUT-HI-015Order Denying Plaintiffs' Application for Temporary Restraining Order and Order to Show Cause Why Preliminary Injunction Should Not Issue, Carmichael v. Ige…United States District Court for the District of Hawaii, Otake, J.standingUnited States District Court for the District of Hawaii, Otake, J, Order Denying Plaintiffs' Application for Temporary Restraining Order and Order to Show Cause Why Preliminary Injunction Should Not Issue, Carmichael v. Ige, Civil No. 20-00273 JAO-WRP, ECF No. 47 (D. Haw. July 2, 2020) (Ex. DUT-HI-015)/library/DUT-HI-015/exhibit/DUT-HI-015
Ex. DUT-HI-016For Our Rights v. Ige, No. CAAP-21-0000024, Opinion of the Court (Haw. Ct. App. Feb. 25, 2022) (for publication)Intermediate Court of Appeals of the State of Hawaii (published opinion)standingIntermediate Court of Appeals of the State of Hawaii (published opinion), For Our Rights v. Ige, No. CAAP-21-0000024, Opinion of the Court (Haw. Ct. App. Feb. 25, 2022) (for publication) (Ex. DUT-HI-016)/library/DUT-HI-016/exhibit/DUT-HI-016
Ex. DUT-HI-017News Release 2020-92, Circuit Court Decision Upholds Lawfulness of Governor's Emergency ProclamationsDepartment of the Attorney General, Clare E. Connors, Attorney GeneralstandingDepartment of the Attorney General, Clare E. Connors, Attorney General, News Release 2020-92, Circuit Court Decision Upholds Lawfulness of Governor's Emergency Proclamations (Oct. 16, 2020) (Ex. DUT-HI-017)/library/DUT-HI-017/exhibit/DUT-HI-017
Ex. DUT-HI-018House Resolution No. 60 (2021), Requesting the Legislative Reference Bureau to Conduct a Study on Business Liability Protections Related to COVID-19-Related…House of Representatives, Thirty-First Legislature of the State of Hawaii, Regular Session of 2021standingHouse of Representatives, Thirty-First Legislature of the State of Hawaii, Regular Session of 2021, House Resolution No. 60 (2021), Requesting the Legislative Reference Bureau to Conduct a Study on Business Liability Protections Related to COVID-19-Related Claims (Mar. 5, 2021) (Ex. DUT-HI-018)/library/DUT-HI-018/exhibit/DUT-HI-018
Ex. DUT-HI-019HIOSH web page, 'Employer Responsibilities'Department of Labor and Industrial Relations, Hawaii Occupational Safety and Health Division (HIOSH)standingDepartment of Labor and Industrial Relations, Hawaii Occupational Safety and Health Division (HIOSH), HIOSH web page, 'Employer Responsibilities' (standing) (Ex. DUT-HI-019)/library/DUT-HI-019/exhibit/DUT-HI-019
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. HI-001Emergency Proclamation (COVID-19)Governor David Y. IgeMar. 4, 2020Governor David Y. Ige, Emergency Proclamation (COVID-19) (Mar. 4, 2020) (Ex. HI-001)/library/HI-001/exhibit/HI-001
Ex. HI-003Second Supplementary Proclamation and Rules Relating to COVID-19Governor David Y. IgeMar. 21, 2020Governor David Y. Ige, Second Supplementary Proclamation and Rules Relating to COVID-19 (Mar. 21, 2020) (Ex. HI-003)/library/HI-003/exhibit/HI-003
Ex. HI-004Third Supplementary ProclamationGovernor David Y. IgeMar. 23, 2020Governor David Y. Ige, Third Supplementary Proclamation (Mar. 23, 2020) (Ex. HI-004)/library/HI-004/exhibit/HI-004
Ex. HI-006Fifth Supplementary ProclamationGovernor David Y. IgeApr. 16, 2020Governor David Y. Ige, Fifth Supplementary Proclamation (Apr. 16, 2020) (Ex. HI-006)/library/HI-006/exhibit/HI-006
Ex. HI-007Sixth Supplementary Proclamation (Apr. 25, 2020), Exhibit FGovernor David Y. IgeApr. 25, 2020Governor David Y. Ige, Sixth Supplementary Proclamation (Apr. 25, 2020), Exhibit F (Ex. HI-007)/library/HI-007/exhibit/HI-007
Ex. HI-009Eighth Supplementary ProclamationGovernor David Y. IgeMay 18, 2020Governor David Y. Ige, Eighth Supplementary Proclamation (May 18, 2020) (Ex. HI-009)/library/HI-009/exhibit/HI-009
Ex. HI-011Tenth Proclamation Related to the COVID-19 EmergencyGovernor David Y. IgeJuly 17, 2020Governor David Y. Ige, Tenth Proclamation Related to the COVID-19 Emergency (July 17, 2020) (Ex. HI-011)/library/HI-011/exhibit/HI-011
Ex. HI-016Fifteenth Proclamation Related to the COVID-19 EmergencyGovernor David Y. IgeNov. 16, 2020Governor David Y. Ige, Fifteenth Proclamation Related to the COVID-19 Emergency (Nov. 16, 2020) (Ex. HI-016)/library/HI-016/exhibit/HI-016
Ex. HI-019Eighteenth Proclamation (Feb. 12, 2021), Exhibit IGovernor David Y. IgeFeb. 12, 2021Governor David Y. Ige, Eighteenth Proclamation (Feb. 12, 2021), Exhibit I (Ex. HI-019)/library/HI-019/exhibit/HI-019
Ex. HI-023Twenty-First Proclamation Related to the COVID-19 EmergencyGovernor David Y. IgeJune 7, 2021Governor David Y. Ige, Twenty-First Proclamation Related to the COVID-19 Emergency (June 7, 2021) (Ex. HI-023)/library/HI-023/exhibit/HI-023
Ex. HI-024Emergency Proclamation Related to the COVID-19 ResponseGovernor David Y. IgeAug. 5, 2021Governor David Y. Ige, Emergency Proclamation Related to the COVID-19 Response (Aug. 5, 2021) (Ex. HI-024)/library/HI-024/exhibit/HI-024
Ex. HI-025Executive Order No. 21-05Governor David Y. IgeAug. 10, 2021Governor David Y. Ige, Executive Order No. 21-05 (Aug. 10, 2021) (Ex. HI-025)/library/HI-025/exhibit/HI-025
Ex. HI-026Executive Order No. 21-06Governor David Y. IgeSept. 1, 2021Governor David Y. Ige, Executive Order No. 21-06 (Sept. 1, 2021) (Ex. HI-026)/library/HI-026/exhibit/HI-026
Ex. HI-027Executive Order No. 21-07Governor David Y. IgeSept. 13, 2021Governor David Y. Ige, Executive Order No. 21-07 (Sept. 13, 2021) (Ex. HI-027)/library/HI-027/exhibit/HI-027
Ex. HI-028Harbor Master Notice HMN-M 01.22R, Restatement of EO 21-07 (Access to State Property)Hawaii Department of Transportation, Harbors Division (Maui District)Oct. 8, 2021Hawaii Department of Transportation, Harbors Division (Maui District), Harbor Master Notice HMN-M 01.22R, Restatement of EO 21-07 (Access to State Property) (Oct. 8, 2021) (Ex. HI-028)/library/HI-028/exhibit/HI-028
Ex. HI-029Emergency Proclamation Related to the State's COVID-19 Delta ResponseGovernor David Y. IgeOct. 1, 2021Governor David Y. Ige, Emergency Proclamation Related to the State's COVID-19 Delta Response (Oct. 1, 2021) (Ex. HI-029)/library/HI-029/exhibit/HI-029
Ex. HI-030Executive Order No. 21-08Governor David Y. IgeNov. 2, 2021Governor David Y. Ige, Executive Order No. 21-08 (Nov. 2, 2021) (Ex. HI-030)/library/HI-030/exhibit/HI-030
Ex. HI-031Order for Self-Quarantine (traveler order form, 10-day version revised May 25, 2021)Director of Emergency Management, Hawaii Emergency Management Agency (Maj. Gen. Kenneth S. Hara)May 25, 2021Director of Emergency Management, Hawaii Emergency Management Agency (Maj. Gen. Kenneth S. Hara), Order for Self-Quarantine (traveler order form, 10-day version revised May 25, 2021) (Ex. HI-031)/library/HI-031/exhibit/HI-031
Ex. HI-039Order Regarding Foreclosures, SCMF-20-0000152Supreme Court of HawaiiJune 25, 2020Supreme Court of Hawaii, Order Regarding Foreclosures, SCMF-20-0000152 (June 25, 2020) (Ex. HI-039)/library/HI-039/exhibit/HI-039
Ex. HI-043COVID-19 Health and Safety Guidance for School Year 2021-22Hawaii State Department of Education (statewide school district; Superintendent Keith T. Hayashi (interim))July 30, 2021Hawaii State Department of Education (statewide school district; Superintendent Keith T. Hayashi (interim)), COVID-19 Health and Safety Guidance for School Year 2021-22 (July 30, 2021) (Ex. HI-043)/library/HI-043/exhibit/HI-043
Ex. HI-044Guidance for K-12 Schools, COVID-19 (Last Revised July 30, 2021)Hawaii State Department of HealthJuly 30, 2021Hawaii State Department of Health, Guidance for K-12 Schools, COVID-19 (Last Revised July 30, 2021) (Ex. HI-044)/library/HI-044/exhibit/HI-044
Ex. HI-045Presentation on Opening Schools, General Business Meeting, Aug. 19, 2021Hawaii State Board of Education / Department of EducationAug. 19, 2021Hawaii State Board of Education / Department of Education, Presentation on Opening Schools, General Business Meeting, Aug. 19, 2021 (Ex. HI-045)/library/HI-045/exhibit/HI-045
Ex. HI-046Memorandum, Attestation of COVID-19 Testing or VaccinationHawaii State Department of Education (Interim Superintendent Keith T. Hayashi)Aug. 13, 2021Hawaii State Department of Education (Interim Superintendent Keith T. Hayashi), Memorandum, Attestation of COVID-19 Testing or Vaccination (Aug. 13, 2021) (Ex. HI-046)/library/HI-046/exhibit/HI-046
Ex. HI-047Memorandum, In-Person Learning for School Year 2021-22Hawaii State Department of Education (Superintendent Christina M. Kishimoto)May 14, 2021Hawaii State Department of Education (Superintendent Christina M. Kishimoto), Memorandum, In-Person Learning for School Year 2021-22 (May 14, 2021) (Ex. HI-047)/library/HI-047/exhibit/HI-047
Ex. HI-051News release, Hawaii Department of Health updates quarantine guidance based on review of CDC's new recommendationsHawaii State Department of HealthDec. 4, 2020Hawaii State Department of Health, News release, Hawaii Department of Health updates quarantine guidance based on review of CDC's new recommendations (Dec. 4, 2020) (Ex. HI-051)/library/HI-051/exhibit/HI-051
Ex. HI-052COVID-19 Home Isolation and Quarantine Guidance (Updated August 18, 2021)Hawaii State Department of Health, Disease Outbreak Control DivisionAug. 18, 2021Hawaii State Department of Health, Disease Outbreak Control Division, COVID-19 Home Isolation and Quarantine Guidance (Updated August 18, 2021) (Aug. 18, 2021) (Ex. HI-052)/library/HI-052/exhibit/HI-052
Ex. HI-055Report, Final statewide mask requirement ended in Hawaii March 26Ballotpedia News (reporting the Governor's Mar. 8, 2022 announcement)Mar. 28, 2022Ballotpedia News (reporting the Governor's Mar. 8, 2022 announcement), Report, Final statewide mask requirement ended in Hawaii March 26 (Mar. 28, 2022) (Ex. HI-055)/library/HI-055/exhibit/HI-055
Ex. HI-056Press report on Executive Order No. 21-05Honolulu Star-Advertiser (reporting the Governor's Aug. 10, 2021 executive order)Aug. 10, 2021Honolulu Star-Advertiser (reporting the Governor's Aug. 10, 2021 executive order), Press report on Executive Order No. 21-05 (Aug. 10, 2021) (Ex. HI-056)/library/HI-056/exhibit/HI-056
Ex. HI-065Order Regarding Judiciary Operations, SCMF-20-0000152Supreme Court of Hawaii, Chief Justice RecktenwaldJune 7, 2021Supreme Court of Hawaii, Chief Justice Recktenwald, Order Regarding Judiciary Operations, SCMF-20-0000152 (June 7, 2021) (Ex. HI-065)/library/HI-065/exhibit/HI-065
Ex. HI-066Fifth Amended Order Regarding Entering Judiciary Facilities, SCMF-20-0000152Supreme Court of Hawaii, Chief Justice RecktenwaldJune 15, 2021Supreme Court of Hawaii, Chief Justice Recktenwald, Fifth Amended Order Regarding Entering Judiciary Facilities, SCMF-20-0000152 (June 15, 2021) (Ex. HI-066)/library/HI-066/exhibit/HI-066
Ex. HI-067Order Regarding Judiciary Operations, SCMF-20-0000152Supreme Court of Hawaii, Chief Justice RecktenwaldAug. 6, 2021Supreme Court of Hawaii, Chief Justice Recktenwald, Order Regarding Judiciary Operations, SCMF-20-0000152 (Aug. 6, 2021) (Ex. HI-067)/library/HI-067/exhibit/HI-067
Ex. HI-068Order Postponing Jury Trials, SCMF-20-0000152Supreme Court of Hawaii, Chief Justice RecktenwaldAug. 16, 2021Supreme Court of Hawaii, Chief Justice Recktenwald, Order Postponing Jury Trials, SCMF-20-0000152 (Aug. 16, 2021) (Ex. HI-068)/library/HI-068/exhibit/HI-068
Ex. HI-069First Extension of Order Postponing Jury Trials, SCMF-20-0000152Supreme Court of Hawaii, Chief Justice RecktenwaldSept. 29, 2021Supreme Court of Hawaii, Chief Justice Recktenwald, First Extension of Order Postponing Jury Trials, SCMF-20-0000152 (Sept. 29, 2021) (Ex. HI-069)/library/HI-069/exhibit/HI-069
Ex. HI-071Commissioner's Memorandum 2020-3I, Request Regarding Policyholders Affected by COVID-19Hawaii Insurance Commissioner Colin M. Hayashida, Insurance Division, Department of Commerce and Consumer AffairsMar. 27, 2020Hawaii Insurance Commissioner Colin M. Hayashida, Insurance Division, Department of Commerce and Consumer Affairs, Commissioner's Memorandum 2020-3I, Request Regarding Policyholders Affected by COVID-19 (Mar. 27, 2020) (Ex. HI-071)/library/HI-071/exhibit/HI-071
Ex. HI-072Commissioner's Memorandum 2020-4A, Waivers of Certain Requirements for Insurers, Instructions, and GuidelinesHawaii Insurance Commissioner Colin M. HayashidaApr. 27, 2020Hawaii Insurance Commissioner Colin M. Hayashida, Commissioner's Memorandum 2020-4A, Waivers of Certain Requirements for Insurers, Instructions, and Guidelines (Apr. 27, 2020) (Ex. HI-072)/library/HI-072/exhibit/HI-072
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=HI&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.