Eligibility report

Governmental Orders Record and Eligibility Analysis

New Jersey

2021 Q3

Prepared by The COVID Project, Sept. 30, 2026. 233 instruments cited; 231 exhibit files held. Not legal advice.

The COVID Projectcovidproject.com/report?state=NJ&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 New Jersey 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=NJ&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)

New Jersey, first day (July 1, 2021): July 1, 2021: State of Emergency (NJ-052); P.L. 2021, c. 103 (NJ-053) governing survivors; EO 242 and EO 243 (NJ-050, NJ-051) with the EO 192 workplace requirements they carry (masking and distancing of unvaccinated or unverified employees indoors; daily health checks); health care and transit masking carve-out (EO 242 para. 13); EO 106 eviction and foreclosure removal stay (NJ-003); EO 123 insurance grace periods (NJ-012); EO 112 licensing waivers (NJ-008); EO 150 outdoor-premises expansions (NJ-020); EO 246 utility grace period from this day (NJ-061); DOH ED 20-026 and 21-001 (LTC testing and visitation, NJ-074, NJ-078), ED 20-016 and 20-018 as amended June 16, 2021 (elective procedures, NJ-084, NJ-085), ED 21-004 (child care, NJ-079), ED 21-007 (adult day, NJ-081); school and child care distancing and masking standards (EO 242 para. 9); municipal indoor mask power (EO 242 para. 18); federal CDC conveyance order and TSA directives on NJ TRANSIT, PATCO and airports (federal layer).

New Jersey, last day (Sept. 30, 2021): September 30, 2021: everything on July 1 (except EO 106 protections for non-low-income tenants, expired Aug. 31 under EO 249) plus EO 249 (Aug. 4, NJ-054) and P.L. 2021, c. 188 (Aug. 4, NJ-089) eviction protections through Dec. 31, 2021 for very low- to moderate-income households and foreclosure removals stayed to Nov. 15, 2021; EO 251 school indoor mask mandate since Aug. 9 (NJ-055); EO 252 vaccination-or-testing for all covered health care and congregate-setting workers since Sept. 7 (NJ-056); EO 253 school-worker vaccination-or-testing issued Aug. 23 for Oct. 18, with mask-exemption documentation operative (NJ-057); EO 264 child care masking since Sept. 24 (NJ-058); DOH N.J.A.C. 8:7 waiver continued Aug. 19 under c. 103 sec. 3 (NJ-086); municipal indoor mask orders of August 2021 (category).

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

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

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

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

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

Layer	2021 Q3	Total
Federal layer	167	167
State of New Jersey	29	29
Agencies, boards and authorities	17	17
Standing duties	42	42
All layers	255	255

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 New Jersey

Ex. NJ-020

Executive Order No. 150 (2020)

Outdoor dining permitted from June 15, 2020 under conditions; municipal expansion of premises; reopening of non-essential retail premises June 15, 2020 under EO 122 protocols

Governor Philip D. Murphy, New Jersey (State)

Dates: In force from June 3, 2020 to Jan. 1, 2022
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Business closureCapacity limitFace-covering requirementAlcohol and barsWorkplace rules
Functions reached: DR dining rooms still closed; outdoor service only; SF sales floors reopened at 50 percent with masks (EO 122 para. 1); BA bar service outdoors only, seated, six feet apart; CB patrons
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Para. 1: "Effective at 6:00 a.m. on Monday, June 15, 2020, restaurants, cafeterias, dining establishments, and food courts, with or without a liquor license, bars, and all other holders of a liquor license with retail consumption privileges, collectively referred to as 'food or beverage establishments,' are permitted to offer in-person service at outdoor areas, provided that the establishment complies with the following requirements:... b. Limit capacity to a number that ensures all patrons can remain six feet apart from all other patrons at all times... e. Prohibit patrons from entering the indoor premises of the food or beverage establishment, except to walk through such premises when entering or exiting... or to use the restroom". Para. 5: "Municipalities are permitted to use their existing authority to allow food or beverage establishments to expand their footprint to outdoor…

Enforcement: Para. 10: N.J.S.A. App. A:9-49 and -50; DOH standards (ED 20-014, NJ-069) incorporated by para. 3

Citation: Governor Philip D. Murphy, Executive Order No. 150 (2020) (June 3, 2020) (Ex. NJ-020) Open the exhibit

Ex. NJ-050

Executive Order No. 242 (2021)

End of the general business restrictions: indoor public-space mask requirement lifted; six-foot capacity rules for dining and businesses rescinded; full capacity for retail, personal care, health clubs, recreation, casinos and racetracks (May 28, 2021); indoor gathering limits removed (June 4, 2021); masking and distancing preserved in indoor workplaces not open to the public (EO 192), in health care settings including home health and office-based settings, correctional facilities, shelters and on public transportation; schools and child care unchanged; municipalities may impose indoor mask requirements

Governor Philip D. Murphy, New Jersey (State)

Dates: In force from May 28, 2021 to Jan. 1, 2022 (issued May 24, 2021)
Quarters: 2021 Q22021 Q3
Limitations: Capacity limitGathering capFace-covering requirementTravel and quarantineHealth care ordersWorkplace rulesOther
Functions reached: SF/DR/SL/FC/AM full capacity from May 28, 2021; EV/BQ/MK indoor gatherings unlimited from June 4, 2021; OF indoor workplaces not open to the public: masks and six-foot distancing continue (EO 192); HC/IC health care, home health and office-based health care settings: masking and distancing preserved; TR transit masking preserved; WF schools and child care unchanged
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Para. 1: "Effective Friday, May 28, 2021, individuals in indoor public spaces are not required to wear masks, regardless of their ability to maintain six feet of distance from other individuals or groups... Employers and entities overseeing public spaces... are permitted to impose stricter requirements regarding mask-wearing in indoor settings". Para. 2: "'indoor public spaces' do not include indoor worksites of employers, as defined in Executive Order No. 192 (2020), that do not open their indoor spaces to the public". Para. 3: "As provided for in Executive Order No. 192 (2020), all individuals shall continue to wear face coverings in indoor workplaces that are not 'indoor public spaces,' subject only to exceptions that have previously existed... and shall continue to maintain six feet of distance from others to the maximum extent possible". Para. 5: retail, personal care, health clubs…

Enforcement: Para. 21: N.J.S.A. App. A:9-49 and -50

Citation: Governor Philip D. Murphy, Executive Order No. 242 (2021) (May 24, 2021) (Ex. NJ-050) Open the exhibit

Ex. NJ-019

Executive Order No. 149 (2020)

Resumption of child care services (June 15), youth day camps (July 6) and non-contact organized sports (June 22) under Department of Health standards; overnight camps prohibited

Governor Philip D. Murphy, New Jersey (State)

Dates: In force from May 29, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Gathering capSchools and child careEvents and venuesWorkplace rules
Functions reached: EC child care reopened under group-size, cohort and attestation standards; WF workforce (child care available from June 15, 2020 under restricted ratios); SP sports (contact sports prohibited); AC camps (overnight camps prohibited for 2020)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Para. 1: "Executive Order No. 110 (2020) is hereby rescinded effective at 6:00 a.m. on June 15, 2020." Para. 6: "Effective 6:00 a.m. on June 15, 2020, child care centers and other child care facilities are permitted to resume operations for all clients, provided that they comply with the COVID-19 Child Care and Youth Summer Camp Standards... Each child care center and other child care facility must submit an attestation to the DCF no later than 24 hours prior to the anticipated opening date". Para. 10: "Residential and overnight camps are prohibited from operating". Para. 12: "Any child care center, child care facility or youth summer camp that fails to adhere to the COVID-19 Child Care and Youth Summer Camp Standards is subject to closure by the Commissioner of the Department of Health pursuant to N.J.S.A. 26:13-8." Para. 13: outdoor non-contact sports permitted from June 22, 2020; "Any…

Enforcement: Para. 20: N.J.S.A. App. A:9-49 and -50; closure by the Commissioner of Health under N.J.S.A. 26:13-8 (para. 12)

Citation: Governor Philip D. Murphy, Executive Order No. 149 (2020) (May 29, 2020) (Ex. NJ-019) Open the exhibit

Ex. NJ-081

Executive Directive No. 21-007 (original June 15, 2021; the retrieved text is the revision dated February 17, 2023)

COVID-19 related health and safety requirements for the reopening of New Jersey adult day health services facilities (closed by county-by-county Department orders since March 2020)

Judith M. Persichilli, Commissioner of Health, New Jersey (Sector regulator)

Dates: In force from June 15, 2021 to Jan. 11, 2022
Quarters: 2021 Q22021 Q3
Limitations: Business closureHealth care ordersWorkplace rulesQuarantine and isolation
Functions reached: DN/RS adult day programs closed March 2020 - June 2021 by Department order, then reopened under conditions; IN intake; CB participants and their family caregivers (workforce availability)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Recitals: "by the end of March 2020, the Department of Health issued a series of orders, on a county-by-county basis, that closed the adult day health services facilities (ADHSFs) licensed under N.J.A.C. 8:43F due to the COVID-19 pandemic, but allowed the ADHSFs to provide off-site services to participants"; the Department issued "Directive 21-007 on June 15, 2021, which set out the reopening requirements for ADHSFs". Operative (2023 revision): "3. The facility shall ensure that an adequate supply of PPE is available on site".

Enforcement: Licensure (N.J.A.C. 8:43F); N.J.S.A. 26:13-12

Citation: Judith M. Persichilli, Commissioner of Health, Executive Directive No. 21-007 (original June 15, 2021; the retrieved text is the revision dated February 17, 2023) (Ex. NJ-081) Open the exhibit

Ex. NJ-001

Executive Order No. 103 (2020)

Declaration of a Public Health Emergency and State of Emergency

Governor Philip D. Murphy, New Jersey (State)

Dates: In force from Mar. 9, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate for every function reached by the orders below
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

"DO DECLARE and PROCLAIM that a Public Health Emergency and State of Emergency exist in the State of New Jersey"... para. 4: "It shall be the duty of every person or entity in this State or doing business in this State... to cooperate fully with the State Director of Emergency Management and the Commissioner of DOH in all matters concerning this state of emergency."... para. 6: "I authorize and empower the executive head of any agency or instrumentality of the State government with authority to promulgate rules to waive, suspend, or modify any existing rule, where the enforcement of which would be detrimental to the public welfare during this emergency"... para. 14: "This Order shall take effect immediately and shall remain in effect until such time as it is determined by me that an emergency no longer exists."

Enforcement: N.J.S.A. App. A:9-49 and -50 (disorderly persons offense; recited in every subsequent COVID-19 order); para. 11 reserves powers under N.J.S.A. App. A:9-34 and -51

Citation: Governor Philip D. Murphy, Executive Order No. 103 (2020) (Mar. 9, 2020) (Ex. NJ-001) Open the exhibit

Ex. NJ-083

Department of Health memorandum to Home Health Agency and Hospice Administrators, Temporary Operational Waivers during a State of Emergency

Home health agencies and hospices may serve outside licensed geography without prior approval during the State of Emergency, subject to written reporting

Judith M. Persichilli, Commissioner of Health, New Jersey (Sector regulator)

Dates: In force from Mar. 13, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersOther
Functions reached: HC in-home visits (service area rules relaxed); IN intake and referrals; OF reporting
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

"In the event of a State of Emergency as declared by the Governor of New Jersey in an Executive Order, that so significantly affects the ability of a Home Health Agency or Hospice to offer its full array of services, the Department of Health (Department) will not require prior Department approval of temporary waivers for the following services from Home Health Agencies and Hospices that are affected by such an event: 1. Providing home health services to patients outside of the approved license/CN geography; or 2. Providing hospice services to patients outside the hospice service area. Affected Home Health Agencies and Hospices... will be required to provide a written report to the Department detailing which, if any, of the above actions were implemented, the duration of the implementation, and any adverse outcomes attributable to the actions. Once the State of Emergency is mitigated…

Enforcement: Licensure; written report to the Certificate of Need and Healthcare Facility Licensure Program

Citation: Judith M. Persichilli, Commissioner of Health, Department of Health memorandum to Home Health Agency and Hospice Administrators, Temporary Operational Waivers during a State of Emergency (Mar. 13, 2020) (Ex. NJ-083) Open the exhibit

Ex. NJ-094

Supreme Court Order of March 16, 2020 (Rules 7:6-3 and 7:12-3 relaxed)

Pleas by mail in the municipal courts without the "undue hardship" showing, to apply social distancing

Supreme Court of New Jersey (Chief Justice Stuart Rabner), New Jersey (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 municipal court practice moved to mail and remote channels
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

"In response to the growing public health crisis worldwide and in this state involving the COVID-19 coronavirus, the New Jersey Judiciary is implementing all possible measures to apply social distancing in current court operations... it is ORDERED, pursuant to N.J. Const., Art. VI, sec. 2, par. 3, that effective immediately and until further order, the provisions of Rule 7:6-3 and Rule 7:12-3 of the Rules Governing the Courts of the State of New Jersey are supplemented and relaxed so as to remove the 'undue hardship' requirement for allowing pleas by mail in the municipal courts."

Enforcement: Order of the Supreme Court

Citation: Supreme Court of New Jersey (Chief Justice Stuart Rabner), Supreme Court Order of March 16, 2020 (Rules 7:6-3 and 7:12-3 relaxed) (Mar. 16, 2020) (Ex. NJ-094) Open the exhibit

Ex. NJ-003

Executive Order No. 106 (2020)

Moratorium on removals of individuals due to evictions or foreclosures

Governor Philip D. Murphy, New Jersey (State)

Dates: In force from Mar. 19, 2020 to Jan. 1, 2022
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Courts and public officesOther
Functions reached: PM property management (no removals); SV servicing, collections and foreclosure; CL closings on foreclosed property; CB tenants and borrowers
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Para. 1: "Any lessee, tenant, homeowner or any other person shall not be removed from a residential property as the result of an eviction or foreclosure proceeding." Para. 2: "While eviction and foreclosure proceedings may be initiated or continued during the time this Order is in effect, enforcement of all judgments for possession, warrants of removal, and writs of possession shall be stayed while this Order is in effect"... Para. 3: "Sheriffs, court officers, and their agents shall refrain from acting to remove individuals from residential properties through the eviction or foreclosure processes during the time this Order is in effect"... Para. 5: "This Order shall take effect immediately and remain in effect for no longer than two months following the end of the Public Health Emergency or State of Emergency established by Executive Order No. 103 (2020), whichever ends later".

Enforcement: Stay of enforcement of judgments for possession, warrants of removal and writs of possession; sheriffs and court officers directed not to act

Citation: Governor Philip D. Murphy, Executive Order No. 106 (2020) (Mar. 19, 2020) (Ex. NJ-003) Open the exhibit

Ex. NJ-005

Executive Order No. 108 (2020)

Invalidation of county and municipal restrictions conflicting with Executive Order No. 107 (preemption of local orders)

Governor Philip D. Murphy, New Jersey (State)

Dates: In force from Mar. 21, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Other
Functions reached: fixes the State as the single source of business restrictions in New Jersey from March 21, 2020
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Para. 1: "Any county or municipal restriction imposed in response to COVID-19 that in any way will or might conflict with any of the provisions of Executive Order No. 107 (2020), or which will or might in any way interfere with or impede its achievement, or the achievement of Administrative Orders issued as authorized by my Executive Orders, is hereby invalidated. Examples of such restrictions include, but are not limited to, the following: a. Any additions to or deletions from the list of retail businesses that I have deemed essential... b. Any limitations imposed on any business's scope of service or hours of operation; c. Any density or social distancing requirements; d. Any orders relating to the gathering of individuals; and e. general restrictions on the freedom of movement within that county or municipality, including but not limited to the imposition of curfews." Para. 3…

Enforcement: Para. 4: N.J.S.A. App. A:9-49 and -50

Citation: Governor Philip D. Murphy, Executive Order No. 108 (2020) (Mar. 21, 2020) (Ex. NJ-005) Open the exhibit

Ex. NJ-008

Executive Order No. 112 (2020)

Removal of licensing barriers for health care professionals joining the COVID-19 response; civil immunity for front-line health care responders

Governor Philip D. Murphy, New Jersey (State)

Dates: In force from Apr. 1, 2020 to Jan. 1, 2022
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersOther
Functions reached: HR credentialing and licensure; IC/HC staffing of hospitals and facilities
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Para. 1: "The DCA is authorized to reactivate, on a temporary basis for the duration of the State of Emergency or Public Health Emergency, whichever is longer, the license of any healthcare professional previously licensed to practice in New Jersey who retired from active practice within the last five years"... Para. 2: "The DCA is authorized to issue a license to practice medicine and/or surgery, on a temporary basis for the duration of the State of Emergency or Public Health Emergency, whichever is longer, to any physician... " [licensed in another jurisdiction or country].

Enforcement: Licensure; statutory suspensions and waivers of N.J.S.A. 45:1-7.4, 45:9-19.17 and 45:9-27.13a

Citation: Governor Philip D. Murphy, Executive Order No. 112 (2020) (Apr. 1, 2020) (Ex. NJ-008) Open the exhibit

Ex. NJ-012

Executive Order No. 123 (2020)

Emergency grace periods for insurance premium payments (90 days property, casualty and life; 60 days health and dental)

Governor Philip D. Murphy, New Jersey (State)

Dates: In force from Apr. 9, 2020 to Jan. 1, 2022
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Other
Functions reached: IN insurance (no cancellation for nonpayment; claims paid; amortization of arrears); CC collections and billing; CB policyholders
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Para. 1: subject entities "shall not cancel during the emergency grace period any policy or contract as a result of nonpayment as defined as follows: a. In the case of property and casualty insurance companies, life insurance companies, and insurance premium finance companies, for a period of at least 90 days, during which period claims shall be paid without regard to prior nonpayment of premium by the policyholder; and b. In the case of health insurance companies... for a period of at least 60 days, during which period claims shall be paid without regard to prior nonpayment of premium by the policyholder and the cost of which claim may not be recouped". Para. 2: "The Commissioner of the Department of Banking and Insurance may extend these emergency grace periods further".

Enforcement: DOBI regulatory authority; implemented by Bulletins 20-15 (NJ-105) and 20-27 (NJ-106)

Citation: Governor Philip D. Murphy, Executive Order No. 123 (2020) (Apr. 9, 2020) (Ex. NJ-012) Open the exhibit

Ex. NJ-066

Executive Directive No. 20-013 (Revised)

COVID-19 testing at licensed long-term care facilities, assisted living residences, comprehensive personal care homes, residential health care facilities and dementia care homes (baseline and periodic testing of residents and staff)

Judith M. Persichilli, Commissioner of Health, New Jersey (Sector regulator)

Dates: In force from May 20, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersWorkplace rulesQuarantine and isolation
Functions reached: IC staff and resident testing; HR staffing (exclusion of positive staff); RS cohorting; CB counterparties (staffing agencies, hospice, therapy vendors entering facilities)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Recitals: facilities "must have outbreak response plans customized to the facility... addressing isolation and cohorting of infected and at-risk individuals; notification policies; policies to require ill staff to not present at the facility for work duties"; the Commissioner "is empowered, pursuant to N.J.S.A. 26:13-12, to take all reasonable and necessary measures to prevent the transmission of infectious disease". (Operative testing paragraphs are in the exhibit; ED 20-026 restates them: "All facilities must test residents and staff as follows".)

Enforcement: Licensure; N.J.S.A. 26:13-12

Citation: Judith M. Persichilli, Commissioner of Health, Executive Directive No. 20-013 (Revised) (May 20, 2020) (Ex. NJ-066) Open the exhibit

Ex. NJ-084

Executive Directive No. 20-016 (Revised) (original June 24, 2020; amended July 29, 2020, October 20, 2020 and June 16, 2021; the retrieved text is the January 20, 2023 revision)

COVID-19 protocols for ambulatory surgery centers resuming elective surgery and invasive diagnostic procedures pursuant to Executive Order No. 145

Judith M. Persichilli, Commissioner of Health, New Jersey (Sector regulator)

Dates: In force from June 24, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersWorkplace rulesQuarantine and isolation
Functions reached: PR procedures under screening, testing, PPE and capacity protocols; IC infection control; CB patients (pre-procedure testing)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Recitals: EO 109 "ordered that, as of 5:00 p.m. on Friday, March 27, 2020, all 'elective' surgeries performed on adults, whether medical or dental, and all 'elective' invasive procedures performed on adults, whether medical or dental, would be suspended in New Jersey"; "the suspension of those surgeries and procedures preserved the capacity of our healthcare system to deal with the surge of COVID-19 cases"; "the Department of Health issued Executive Directive No. 20-016 on June 24, 2020, providing guidance to ambulatory surgery centers resuming elective surgeries and invasive procedures"; "Executive Directive No. 20-016 was amended on July 29, 2020, October 20, 2020, and June 16, 2021, to correspond with the changing phases of the COVID-19 emergency response".

Enforcement: Licensure (N.J.A.C. 8:43A); EO 145 para. 4

Citation: Judith M. Persichilli, Commissioner of Health, Executive Directive No. 20-016 (Revised) (original June 24, 2020; amended July 29, 2020, October 20, 2020 and June 16, 2021; the retrieved text is the January 20, 2023 revision) (Ex. NJ-084) Open the exhibit

Ex. NJ-085

Executive Directive No. 20-018 (Revised) (original June 24, 2020; amended October 20, 2020 and June 16, 2021; the retrieved text is the 2023 revision)

COVID-19 protocols for hospitals resuming elective surgery and invasive diagnostic procedures

Judith M. Persichilli, Commissioner of Health, New Jersey (Sector regulator)

Dates: In force from June 24, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersWorkplace rulesQuarantine and isolation
Functions reached: SX surgery under screening, testing, PPE and capacity protocols; IP surge capacity conditions; IC infection control
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Recitals: "the Department of Health issued Executive Directive No. 20-018 on June 24, 2020, providing guidance to hospitals resuming elective surgeries and invasive procedures"; "Executive Directive No. 20-018 was amended on October 20, 2020, and June 16, 2021, to correspond with the changing phases of the COVID-19 emergency response"; "P.L.2021, c.103 sought to enable the State to bring an end to its prior Public Health Emergency while still allowing for an orderly continuation of the Administration's ability to order certain public health measures".

Enforcement: Licensure (N.J.A.C. 8:43G); EO 145 para. 4

Citation: Judith M. Persichilli, Commissioner of Health, Executive Directive No. 20-018 (Revised) (original June 24, 2020; amended October 20, 2020 and June 16, 2021; the retrieved text is the 2023 revision) (Ex. NJ-085) Open the exhibit

Ex. NJ-032

Executive Order No. 175 (2020)

Reopening of schools for in-person instruction for 2020-2021 subject to health and safety standards (six-foot distancing, mandatory face coverings, screening, remote-learning option); districts unable to meet standards may go fully remote; higher education may resume all in-person instruction

Governor Philip D. Murphy, New Jersey (State)

Dates: In force from Aug. 13, 2020 to Aug. 9, 2021
Quarters: 2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Face-covering requirementSchools and child careWorkplace rulesOther
Functions reached: IN in-person instruction conditioned on distancing and masks; hybrid schedules; RL remote learning mandated on request; district-wide remote where standards could not be met; WF workforce of every employer (children on hybrid or remote schedules through 2020-2021); TR school transportation under masking and distancing
Grade: Primary source read
Days in this quarter: 40 (in force on the first day)

Para. 2: "All school districts that reopen for full or part-time in-person instruction must meet the following health and safety standards... a. At least six (6) feet of distance between individuals in all settings to the greatest extent practicable... b. Mandatory use of face coverings by staff, students, and visitors... f. Student and staff health screenings". Para. 3: public school districts "shall resume partial or full-time in-person instruction during the fall of school year 2020-2021." Para. 6: districts "shall permit students to engage in full-time remote learning upon the request of a parent or guardian". Para. 7: "Public school districts that are or become unable to satisfy the health and safety requirements for in-person instruction... may provide full-time remote instruction to all students pursuant to N.J.S.A. 18A:7F-9." Para. 13: "degree-granting institutions of higher…

Enforcement: Department of Education certification and plan review (paras. 4-5, 8-9); para. 19: no municipal or county conflicting orders

Citation: Governor Philip D. Murphy, Executive Order No. 175 (2020) (Aug. 13, 2020) (Ex. NJ-032) Open the exhibit

Ex. NJ-074

Executive Directive No. 20-026 (Revised January 6, 2021, superseding the October 20, 2020 revision; original August 20, 2020)

Resumption of services in all long-term care facilities: phased reopening tied to the State's stages; outbreak plans; routine testing of residents and staff; infection prevention and control staffing; respiratory protection program; PPE stockpiles; twice-weekly reporting; visitation phases

Judith M. Persichilli, Commissioner of Health, New Jersey (Sector regulator)

Dates: In force from Aug. 20, 2020 to Jan. 11, 2022
Quarters: 2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testingQuarantine and isolation
Functions reached: RS residential care operations phased by State stage; IC testing, cohorting, PPE, respiratory protection; HR staffing (infection preventionist hires by Aug. 10, 2021; exclusion of positive staff); VS visitation by phase; IN admissions and readmissions; CB hospitals, hospice, therapy and staffing counterparties entering facilities
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

"All facilities must test residents and staff as follows: Testing of residents: i. Initiate testing of all residents (every 3 to 7 days) until no new facility-onset cases of COVID-19 are identified among residents and positive cases in staff and at least 14 days have elapsed since the most recent positive result"... "3. Facilities are required to have a documented 'Outbreak Plan' as required by N.J.S.A. 26:2H-12.87"... "4. All LTCFs are required to report, at a minimum twice per week, COVID-19 cases"... "5. A facility with a COVID-19 outbreak will remain in Phase 0 (maximum restrictions) until" [criteria met]... "2. Facilities must develop and implement a Respiratory Protection Program (RPP)"... "3. Facilities are required to have an adequate emergency stockpile of PPE"... facilities with 100 or more beds "must" hire infection-prevention staff "and must attest to the hiring no later than…

Enforcement: Licensure (N.J.A.C. 8:36, 8:37, 8:39, 8:43); N.J.S.A. 26:13-12; EO 252 para. 5 (Aug. 6, 2021) reaffirmed its testing requirements

Citation: Judith M. Persichilli, Commissioner of Health, Executive Directive No. 20-026 (Revised January 6, 2021, superseding the October 20, 2020 revision; original August 20, 2020) (Aug. 20, 2020) (Ex. NJ-074) Open the exhibit

Ex. NJ-078

Executive Directive No. 21-001 (Revised May 12, 2021; original March 22, 2021)

Visitation protocols supplementing ED 20-026 for long-term care facilities (indoor visitation by vaccination status and county positivity; testing; compassionate care)

Judith M. Persichilli, Commissioner of Health, New Jersey (Sector regulator)

Dates: In force from Mar. 22, 2021 to Jan. 11, 2022
Quarters: 2021 Q12021 Q22021 Q3
Limitations: Health care ordersVaccination or testingQuarantine and isolation
Functions reached: VS visitation conditioned on testing, vaccination status and county positivity; IC screening and testing; CB families and outside providers
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Recitals: "Executive Directive 20-013, issued on May 20, 2020, instituted a testing requirement for COVID-19 in New Jersey licensed Long-Term Care Facilities"... "on January 6, 2021, the Department of Health issued Executive Directive No. 20-026 (Revised), setting forth a phased approach to reopening facilities"... "on March 22, 2021, the Department of Health issued Executive Directive No. 21-001" [visitation protocols]. Closing: the directive remains in force "for the duration of the public health emergency originally declared in Executive Order No. 103 (2020), and as extended by Executive Order"; dated May 12, 2021.

Enforcement: Licensure; N.J.S.A. 26:13-12

Citation: Judith M. Persichilli, Commissioner of Health, Executive Directive No. 21-001 (Revised May 12, 2021; original March 22, 2021) (Mar. 22, 2021) (Ex. NJ-078) Open the exhibit

Ex. NJ-079

Executive Directive No. 21-004

COVID-19 child care standards ("Updated COVID-19 Standards - Child Care Centers"), superseding ED 20-032 (Sept. 18, 2020) and the child care portion of ED 20-021 (June 30, 2020)

Judith M. Persichilli, Commissioner of Health, New Jersey (Sector regulator)

Dates: In force from May 26, 2021 to Sept. 30, 2021
Quarters: 2021 Q22021 Q3
Limitations: Face-covering requirementSchools and child careWorkplace rulesQuarantine and isolation
Functions reached: EC child care operations under State standards (cohorts, screening, exclusion); WF workforce dependent on child care
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

"1. This Executive Directive supersedes Executive Directive No. 20-032 issued on September 18, 2020. 2. Child Care Centers, as defined in Executive Order No. 149 (2020), must adhere to the protocols attached hereto, entitled 'Updated COVID-19 Standards - Child Care Centers,' as amended and supplemented." Recitals: EO 149 "required the Department of Health to impose Standards for COVID-19 Related Health and Safety Applicable in New Jersey Child Care and Youth Summer Camp Settings"; "on June 30, 2020, the Commissioner of the Department of Health (DOH) issued Executive Directive No. 20-021"; "on September 18, 2020, the Commissioner of DOH issued Executive Order No. 20-032, which superseded the portion of Executive Directive 20-021 pertaining to childcare centers".

Enforcement: N.J.S.A. 26:13-12; EO 149 para. 12 (closure by the Commissioner under N.J.S.A. 26:13-8)

Citation: Judith M. Persichilli, Commissioner of Health, Executive Directive No. 21-004 (May 26, 2021) (Ex. NJ-079) Open the exhibit

Ex. NJ-051

Executive Order No. 243 (2021)

Rescission of the telework accommodation and minimal on-site staffing requirements of EO 107 paras. 10-11; EO 192 continues for in-person worksites; unvaccinated or unverified employees must mask and distance indoors; daily health checks continue

Governor Philip D. Murphy, New Jersey (State)

Dates: In force from June 4, 2021 to Jan. 1, 2022 (issued May 26, 2021)
Quarters: 2021 Q22021 Q3
Limitations: Telework mandateFace-covering requirementWorkplace rulesVaccination or testing
Functions reached: OF/OP telework mandate ended June 4, 2021 (in force March 21, 2020 - June 4, 2021); HR verification of vaccination status as a condition of unmasked work; WF daily health checks; masking and distancing of unvaccinated staff; IC infection control in every workplace
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Para. 1: "Paragraphs 10 and 11 of Executive Order No. 107 (2020) are hereby rescinded. Businesses and non-profits that require staff to report to a physical worksite must continue to follow the provisions of Executive Order No. 192 (2020), as applicable." Para. 2: employers in non-public workplaces "are not mandated to require employees to wear face masks or social distance at the worksite where the employee provides proof that they are fully vaccinated... Where an employer is unable to determine the individual's vaccination status or the individual is not fully vaccinated, employers must continue to require those employees to wear masks and practice social distancing in indoor spaces in accordance with Paragraph 3 of Executive Order No. 242 (2021) and Paragraph 1 of Executive Order No. 192 (2020)." Para. 4: "It is hereby clarified that Executive Orders No. 239 and 242 (2021) and this…

Enforcement: Para. 8: N.J.S.A. App. A:9-49 and -50; EO 192 enforcement mechanism (Departments of Labor and Health)

Citation: Governor Philip D. Murphy, Executive Order No. 243 (2021) (May 26, 2021) (Ex. NJ-051) Open the exhibit

Ex. NJ-052

Executive Order No. 244 (2021)

Termination of the Public Health Emergency; continuation of the State of Emergency

Governor Philip D. Murphy, New Jersey (State)

Dates: In force from June 4, 2021 to Sept. 30, 2021
Quarters: 2021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate: the State of Emergency was in force on every day of Q3 2021; EOs 251, 252, 253 and 264 were issued under it
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

"1. The Public Health Emergency declared in Executive Order No. 103 (2020) pursuant to the EHPA, N.J.S.A. 26:13-1, et seq., is hereby terminated. 2. The State of Emergency declared in Executive Order No. 103 (2020) pursuant to N.J.S.A. App.A.:9-33 et seq. continues to exist in the State of New Jersey. 3. This Order shall take effect immediately."

Enforcement: Declaratory

Citation: Governor Philip D. Murphy, Executive Order No. 244 (2021) (June 4, 2021) (Ex. NJ-052) Open the exhibit

Ex. NJ-053

P.L. 2021, c. 103

An Act concerning emergency health powers and supplementing Title 26 of the Revised Statutes (expiration and continuation of COVID-19 executive orders, administrative orders, directives and waivers after the Public Health Emergency)

New Jersey Legislature (Assembly Bill No. 5820); approved by Governor Philip D. Murphy, New Jersey (State)

Dates: In force from June 4, 2021 to July 4, 2021
Quarters: 2021 Q22021 Q3
Limitations: Emergency declarationHealth care ordersVaccination or testingOther
Functions reached: fixes what was in force July 1 - Sept. 30, 2021: the listed executive orders, every unrevoked agency directive and waiver, and the Governor's continuing power to order vaccination, testing and CDC-recommendation measures
Grade: Primary source read
Days in this quarter: 4 (in force on the first day)

Sec. 1 (C.26:13-32): "All executive orders issued by the Governor prior to the effective date of this act... that relied on the existence of the public health emergency declared by the Governor in Executive Order No. 103 of 2020, as extended, shall expire 30 days following the effective date of this act, with the exception of the executive orders listed in this section that shall remain in effect until January 1, 2022.... (14) The most recent executive order containing general coronavirus disease 2019 (COVID-19) mitigation measures regarding face coverings, social distancing, and gatherings prior to the effective date of this act". Sec. 3(a) (C.26:13-34): "the force and effect of any administrative order, directive, or waiver issued by the head of a State agency that relied on the existence of the public health emergency... shall expire on January 11, 2022. Such administrative order…

Enforcement: Statute; continued orders and directives carry their own penalties

Citation: New Jersey Legislature (Assembly Bill No. 5820); approved by Governor Philip D. Murphy, P.L. 2021, c. 103 (June 4, 2021) (Ex. NJ-053) Open the exhibit

Ex. NJ-061

Executive Order No. 246 (2021)

Termination of the utility shutoff moratorium effective July 1, 2021; six-month grace period (July 1 - Dec. 31, 2021) barring disconnection of gas, electric and water service for nonpayment and of internet service used by school-aged children

Governor Philip D. Murphy, New Jersey (State)

Dates: In force from June 14, 2021 to Dec. 31, 2021
Quarters: 2021 Q22021 Q3
Limitations: Other
Functions reached: SV collections and disconnections barred July 1 - Dec. 31, 2021; CB residential customers
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Para. 1: "The utility shutoff moratorium established in Executive Order No. 229 (2021) is terminated effective July 1, 2021." Para. 2: "For all New Jersey residents who were protected from the discontinuance of gas, electric, water, or internet service pursuant to Executive Order No. 229 (2021), a grace period shall be in effect from July 1, 2021 through December 31, 2021." Para. 3: "During the grace period, no gas or electric public or municipal utility or privately or publicly owned water system shall discontinue any gas, electric, or water service to New Jersey residents... due to nonpayment". Para. 5: "During the grace period, no cable or telecommunications provider may disconnect the internet service provided to a residential account... that one or more school-aged children utilize for educational purposes."

Enforcement: Board of Public Utilities; N.J.S.A. App. A:9-49 and -50

Citation: Governor Philip D. Murphy, Executive Order No. 246 (2021) (June 14, 2021) (Ex. NJ-061) Open the exhibit

Ex. NJ-054

Executive Order No. 249 (2021)

Modification of the eviction and foreclosure removal moratorium (EO 106) to conform to Senate Bill No. 3691 (P.L. 2021, c. 188): expiration Aug. 31, 2021 for non-low-income tenants, Dec. 31, 2021 for very low-, low- and moderate-income households with certification, Nov. 15, 2021 for foreclosure removals

Governor Philip D. Murphy, New Jersey (State)

Dates: In force from Aug. 4, 2021 to Dec. 31, 2021
Quarters: 2021 Q3
Limitations: Courts and public officesOther
Functions reached: PM property management (removals barred through Aug. 31 / Dec. 31, 2021); SV servicing and foreclosure (removals barred to Nov. 15, 2021); CL closings on foreclosed property; CB tenants and borrowers
Grade: Primary source read
Days in this quarter: 58 (in force on the last day)

Para. 1: "For eviction actions based upon any reason other than nonpayment of rent, habitual late payment of rent, or failure to pay a rent increase, Executive Order No. 106 (2020) is hereby rescinded." Para. 2: "For eviction actions based upon nonpayment or habitual late payment of rent, or failure to pay a rent increase, Executive Order No. 106 (2020) shall expire on August 31, 2021, for any lessee or tenant who is not a very low-, low-, or moderate-income household." Para. 3: "... shall expire on December 31, 2021, for any lessee or tenant who is a very low-, low-, or moderate-income household" [subject to certification]. Para. 4: "For removals resulting from foreclosure proceedings, Executive Order No. 106 (2020) shall expire on November 15, 2021." Para. 7: "Sheriffs, court officers, and their agents shall refrain from acting to remove individuals from residential properties through…

Enforcement: Para. 13: N.J.S.A. App. A:9-49 and -50; stay of removals

Citation: Governor Philip D. Murphy, Executive Order No. 249 (2021) (Aug. 4, 2021) (Ex. NJ-054) Open the exhibit

Ex. NJ-089

P.L. 2021, c. 188

Act concerning residential tenants and rental assistance: eviction protections for rent that accrued during the "covered period" (March 1, 2020 - August 31, 2021), extended to December 31, 2021 for very low-, low- and moderate-income households with certification; dismissal of pending nonpayment actions; rental arrears converted to civil debt; Eviction Prevention Program

New Jersey Legislature (Senate Bill No. 3691); approved by Governor Philip D. Murphy, New Jersey (State)

Dates: In force from Aug. 4, 2021 to Aug. 31, 2021
Quarters: 2021 Q3
Limitations: Courts and public officesOther
Functions reached: PM property management (nonpayment evictions barred for covered-period arrears; pending actions dismissed); SV collections (arrears converted to civil debt; credit reporting limited); CL landlord-tenant litigation channelled to the Special Civil Part; CB tenants
Grade: Primary source read
Days in this quarter: 28

C.52:27D-287.8: "'Covered period' means the period beginning on March 1, 2020, and ending on August 31, 2021." C.52:27D-287.9(a): "Notwithstanding any other law to the contrary, no residential tenant of a very low-income household, low-income household, moderate-income household, or middle-income household shall be evicted based upon nonpayment or habitual late payment of rent, or failure to pay a rent increase, that accrued during the covered period." (b): rent due during the covered period "shall be considered civil debt and may be pursued as a money judgment". (d)(1)(a): very low-, low- and moderate-income households "shall have continued protections from evictions... for residential rent arrearages incurred from the end of the covered period through December 31, 2021 if the household certifies under penalty of perjury" [income; inability to pay due to COVID-19; application for…

Enforcement: Statute; court dismissal of covered actions; bar on sale or assignment of covered-period rent debt

Citation: New Jersey Legislature (Senate Bill No. 3691); approved by Governor Philip D. Murphy, P.L. 2021, c. 188 (Aug. 4, 2021) (Ex. NJ-089) Open the exhibit

Ex. NJ-056

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

Vaccination-or-testing requirement for covered workers in health care facilities and high-risk congregate settings (hospitals, ambulatory surgical centers, long-term care, dialysis, ambulatory and urgent care clinics, FQHCs, PACE, adult and pediatric medical day care, licensed home health agencies, registered health care service firms, correctional facilities, community residences)

Governor Philip D. Murphy, New Jersey (State)

Dates: In force from Aug. 6, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testingQuarantine and isolation
Functions reached: HR credentialing, onboarding and verification of vaccination status for every worker and contractor; IC infection control (weekly or twice-weekly testing; tracking; reporting to local health departments); WF workforce (unvaccinated staff tested on an ongoing basis); SC contractors and vendors working in covered settings; CB counterparties: hospitals, nursing facilities, dialysis and day care programs bound by the same rule
Grade: Primary source read
Days in this quarter: 56 (in force on the last day)

Para. 1: "Covered health care and high-risk congregate settings ('covered settings') must maintain a policy that requires covered workers to either provide adequate proof that they have been fully vaccinated or submit to COVID-19 testing at minimum one to two times weekly. This requirement shall take effect on September 7, 2021, at which time any covered workers that have not provided adequate proof that they are fully vaccinated must submit to weekly or twice weekly testing on an ongoing basis until fully vaccinated." Para. 4: "Covered settings must have a policy for tracking test results from testing required by this Order and must report results to local public health departments." Para. 5: covered settings defined to include "acute, pediatric, inpatient rehabilitation, and psychiatric hospitals, including specialty hospitals, and ambulatory surgical centers; long-term care…

Enforcement: Para. 13: N.J.S.A. App. A:9-49 and -50; para. 9: DOH supplemental directives authorized; para. 12: no municipal or county conflicting orders

Citation: Governor Philip D. Murphy, New Jersey EO 252 (Aug. 6, 2021) and EO 264 (Sept. 20, 2021) (Ex. NJ-056) Open the exhibit

Ex. NJ-055

Executive Order No. 251 (2021)

Mandatory face masks in the indoor premises of all public, private and parochial preschool programs and elementary and secondary schools for the 2021-2022 school year

Governor Philip D. Murphy, New Jersey (State)

Dates: In force from Aug. 9, 2021 to Sept. 30, 2021 (issued Aug. 6, 2021)
Quarters: 2021 Q3
Limitations: Face-covering requirementSchools and child careOther
Functions reached: IN in-person instruction under mandatory masking; WF workforce (children in masked schools; exclusion and quarantine rules administered by local health departments); TR school transportation under the federal conveyance order
Grade: Primary source read
Days in this quarter: 53 (in force on the last day)

Para. 1: "All public, private, and parochial preschool programs and elementary and secondary schools, including charter and renaissance schools (collectively 'school districts'), must maintain a policy regarding mandatory use of face masks by staff, students, and visitors in the indoor portion of the school district premises, except in the following circumstances" [health, breathing difficulty, documented disability, under two, eating or drinking or playing an instrument, high-intensity activity, physical education with distance, unsafe conditions]. Para. 2: "This Order shall not impact the obligation of any school district to comply with requirements issued by the CDC on masking on public transportation conveyances, including school district transportation." Para. 7: "This Order shall take effect on Monday, August 9, 2021 and shall remain in effect until revoked or modified by the…

Enforcement: Para. 6: N.J.S.A. App. A:9-49 and -50; para. 5: no municipal or county conflicting orders

Citation: Governor Philip D. Murphy, Executive Order No. 251 (2021) (Aug. 6, 2021) (Ex. NJ-055) Open the exhibit

Ex. NJ-086

Notice of Rule Waiver/Modification/Suspension pursuant to P.L. 2021, c. 103 (revised temporary waiver of N.J.A.C. 8:7-1.11, -1.12, -1.13 and -1.17)

Continuation and modification of the continuing-education waiver for licensed health officers and registered environmental health specialists (initial issuance October 13, 2020)

Commissioner of Health, with the approval of the Governor, New Jersey (Sector regulator)

Dates: In force from Aug. 19, 2021 to Jan. 11, 2022
Quarters: 2021 Q3
Limitations: Quarantine and isolationOther
Functions reached: context: the State's own Q3 2021 statement of the mechanism by which its directives continued and of the continuing isolation and quarantine workload of local health departments
Grade: Primary source read
Days in this quarter: 43 (in force on the last day)

"On June 4, 2021, Governor Murphy signed P.L. 2021, c. 103 and Executive Order No. 244, which among other things, resulted in the termination of the Public Health Emergency declared in Executive Order No. 103. Nonetheless, Section 3 of P.L. 2021, c.103 provides that any administrative orders, directives, or waivers that relied upon the existence of the Public Health Emergency may be continued or modified by agency heads until January 11, 2022, unless explicitly revoked before that date. Pursuant to that authority, and with the approval of the Governor and in consultation with the State Director of Emergency Management, the Commissioner of the Department of Health is continuing and modifying the rule waiver"... public health professionals "are charged with investigating COVID-19 cases, tracing contacts, coordinating necessary support for proper isolation and quarantine of individuals…

Enforcement: Not applicable (waiver)

Citation: Commissioner of Health, with the approval of the Governor, Notice of Rule Waiver/Modification/Suspension pursuant to P.L. 2021, c. 103 (revised temporary waiver of N.J.A.C. 8:7-1.11, -1.12, -1.13 and -1.17) (Aug. 19, 2021) (Ex. NJ-086) Open the exhibit

Ex. NJ-057

Executive Order No. 253 (2021)

Vaccination-or-testing requirement for all covered workers in preschool programs and elementary and secondary schools, effective October 18, 2021; medical mask exemptions under EO 251 require written documentation

Governor Philip D. Murphy, New Jersey (State)

Dates: In force from Aug. 23, 2021 to Oct. 18, 2021
Quarters: 2021 Q3
Limitations: Face-covering requirementSchools and child careWorkplace rulesVaccination or testing
Functions reached: HR school staffing, contractors and vendors (food service, custodial, transportation, tutoring companies) under vaccination-or-testing policies; WF workforce (school exclusion and mask-exemption documentation); PL staffing placements at school sites
Grade: Primary source read
Days in this quarter: 39 (in force on the last day)

Para. 1: "All public, private, and parochial preschool programs, and elementary and secondary schools, including charter and renaissance schools ('covered settings'), must maintain a policy that requires all covered workers to either provide adequate proof to the covered setting that they have been fully vaccinated or submit to COVID-19 testing at minimum one to two times weekly. This requirement shall take effect on October 18, 2021". Para. 5: covered workers include "all individuals employed by the covered setting, both full- and part-time, including, but not limited to, administrators, teachers, educational support professionals, individuals providing food, custodial, and administrative support services, substitute teachers, whether employed directly by a covered setting or otherwise contracted, contractors, providers, and any other individuals performing work in covered settings…

Enforcement: Para. 13: N.J.S.A. App. A:9-49 and -50; para. 8: DOH supplemental directives authorized

Citation: Governor Philip D. Murphy, Executive Order No. 253 (2021) (Aug. 23, 2021) (Ex. NJ-057) Open the exhibit

Ex. NJ-058

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

Vaccination-or-testing requirement for all child care center workers effective November 1, 2021; mandatory face masks in child care centers and facilities effective September 24, 2021

Governor Philip D. Murphy, New Jersey (State)

Dates: In force from Sept. 20, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Face-covering requirementSchools and child careWorkplace rulesVaccination or testingOther
Functions reached: EC child care operations under mandatory masking of staff and children from Sept. 24, 2021; HR child care staffing under vaccination-or-testing policies; WF workforce of every employer whose staff relied on child care (exposure and exclusion rules in masked centers)
Grade: Primary source read
Days in this quarter: 11 (in force on the last day)

Para. 1: "All child care centers and other child care facilities (collectively referred to as 'covered settings') must maintain a policy that requires all covered workers to either provide adequate proof to the covered setting that they have been fully vaccinated or submit to COVID-19 testing at minimum one to two times weekly. This requirement shall take effect on November 1, 2021". Para. 11: "Effective Friday, September 24, 2021, all covered settings must maintain a policy regarding mandatory use of face masks by staff, child enrollees, and visitors in the indoor portion of the covered setting premises" [with exceptions]. Para. 13: medical exemptions require "written documentation from a medical professional".

Enforcement: Para. 17: N.J.S.A. App. A:9-49 and -50; para. 10: DOH supplemental directives authorized

Citation: Governor Philip D. Murphy, New Jersey EO 252 (Aug. 6, 2021) and EO 264 (Sept. 20, 2021) (Ex. NJ-058) Open the exhibit

Agencies, boards and authorities: New Jersey

Ex. AGY-ST-HEALTH-SUBORDERS-059

Executive Directive No. 21-007 (original, June 14, 2021)

Reopening of Adult Medical Day Care Facilities (attestation of compliance filed before reopening; screening areas; physical distancing; cohorting; staff and participant protocols)

Judith Persichilli, Commissioner of Health, New Jersey - Department of Health (State health department) (State)

Dates: In force from June 14, 2021 to Jan. 11, 2022
Quarters: 2021 Q22021 Q3
Limitations: Capacity limitGathering capHealth care ordersWorkplace rules
Functions reached: DN dining and activities (group limits); RS day-program operations (attestation, screening, distancing, cohorts); TR transport; HR staffing; CB participants and payers
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

hereby order and direct the following: [facilities that] reopen shall comply with the protocols set forth below. Prior to reopening, the facility shall file with the Department an attestation of compliance with these guidelines. A facility must submit [the attestation before serving participants]... services facilities licensed in the State of New Jersey pursuant to N.J.A.C. 8:43F must comply... 2. An area, outdoors or in the immediate entryway of the facility, must be [designated for screening]... 1. The facility shall require physical distancing as follows... [group activities] above MUST be prohibited.

Enforcement: N.J.S.A. 26:13-19; N.J.A.C. 8:43F licensure

Citation: Judith Persichilli, Commissioner of Health, Executive Directive No. 21-007 (original, June 14, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-059) Open the exhibit

Ex. AGY-ST-ALCOHOL-041

AO 2021-01 Administrative Order Extending Certain COVID-19 Expansion Permits

AO 2021-01: Extension of COVID-19 Expansion Permits to November 30, 2022 or the resumption of indoor dining without capacity limitations, whichever is later

New Jersey Division of Alcoholic Beverage Control (Director), New Jersey (State alcoholic-beverage regulator) (Sector regulator)

Dates: In force from Mar. 19, 2021 to Nov. 30, 2022
Quarters: 2021 Q12021 Q22021 Q3
Limitations: Capacity limitOther
Functions reached: DR; BA; OP
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

It also mandates extension of the expiration date of all COVID-19 Expansion Permits issued by the Director pursuant to the provisions of Special Ruling No. 2020-10 until November 30, 2022 or the date on which indoor dining resumes without capacity limitations, whichever is later.

Enforcement: Permit conditions

Citation: New Jersey Division of Alcoholic Beverage Control (Director), AO 2021-01 Administrative Order Extending Certain COVID-19 Expansion Permits (Mar. 19, 2021) (Ex. AGY-ST-ALCOHOL-041) Open the exhibit

Ex. AGY-ST-HEALTH-SUBORDERS-060

Executive Directive No. 21-006

Reopening of PACE Centers (Programs of All-Inclusive Care for the Elderly: entry and exit controls, screening and entry logs, respirators and face shields, staffing assessments, cleaning oversight, cohorting)

Judith Persichilli, Commissioner of Health, New Jersey - Department of Health (State health department) with the Department of Human Services (State)

Dates: In force from June 15, 2021 to Jan. 11, 2022
Quarters: 2021 Q22021 Q3
Limitations: Gathering capHealth care ordersWorkplace rules
Functions reached: RS day-center operations; DN activities and dining (cohorts); HR staffing; IC infection control
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

hereby order and direct the [following]:... 1. The following elements pertaining to facility entry and exit points must be [implemented]... status must always occur upon entry. Entry logs must be maintained to reflect [all persons entering]... higher must be provided to and utilized as tolerated by all persons conducting [screening]... Face shields must be [worn] in accordance with CDC and NJDOH requirements... must be completed with respect to staffing the PACE Center before expanding [services]... the same staff shall be assigned to care for each group.

Enforcement: N.J.S.A. 26:13-19; PACE program agreements

Citation: Judith Persichilli, Commissioner of Health, Executive Directive No. 21-006 (June 15, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-060) Open the exhibit

Ex. AGY-ST-HEALTH-SUBORDERS-033

Executive Directive No. 20-018 (Revised June 16, 2021)

Hospitals Resuming Scheduled Procedures During COVID-19 (revised conditions: surge plans, PPE policies, staff screening, patient testing, scheduling for distancing, visitor requirements)

Judith Persichilli, Commissioner of Health, New Jersey - Department of Health (State health department) (State)

Dates: In force from June 16, 2021 to Jan. 11, 2022
Quarters: 2021 Q22021 Q3
Limitations: Capacity limitHealth care ordersWorkplace rules
Functions reached: SX surgery and scheduled procedures (conditions of resumption); IC infection control; VS visitation; HR staff screening; CL scheduling
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

hereby ORDER and DIRECT the following:... i. The facility plans for potential future surges shall be guided by the following documents... the following shall be followed when resuming services:... v. COVID-19 PPE policies and procedures shall be in place for health care [personnel]... Facilities shall implement the following disinfection and cleaning protocols... i. Staff shall be screened per Centers for Medicare & Medicaid Services (CMS) [guidance]... c. Scheduling must be coordinated to promote social distancing... test performed by the laboratory must be for viral detection... v. All visitors must comply with all reasonable requirements imposed by the [facility].

Enforcement: N.J.S.A. 26:13-19; hospital licensure (N.J.A.C. 8:43G)

Citation: Judith Persichilli, Commissioner of Health, Executive Directive No. 20-018 (Revised June 16, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-033) Open the exhibit

Ex. AGY-ST-HEALTH-SUBORDERS-034

Executive Directive No. 20-016 (Revised June 16, 2021)

Ambulatory Surgery Centers Resuming Elective Surgeries and Invasive Procedures During COVID-19 (revised conditions: layout and flow, PPE, testing, cleaning, staff screening; no procedures on COVID-19-positive patients)

Judith Persichilli, Commissioner of Health, New Jersey - Department of Health (State health department) (State)

Dates: In force from June 16, 2021 to Sept. 30, 2021
Quarters: 2021 Q22021 Q3
Limitations: Capacity limitHealth care ordersWorkplace rules
Functions reached: SX elective surgery and procedures; IC infection control; HR staff screening; CL scheduling and facility flow
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

hereby ORDER and DIRECT the following:... ii. Ambulatory Surgical Centers are Eligible to Resume Elective Surgeries and [Invasive Procedures subject to the following]... i. The physical layout and flow of care delivery areas must be configured so [as to permit distancing]... iv. COVID-19 PPE policies and procedures shall be in place for healthcare [personnel]... Available testing must be utilized as needed to ensure [safety]... Ambulatory surgical centers shall not perform procedures on COVID-19 positive patients.

Enforcement: N.J.S.A. 26:13-19; ASC licensure (N.J.A.C. 8:43A)

Citation: Judith Persichilli, Commissioner of Health, Executive Directive No. 20-016 (Revised June 16, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-034) Open the exhibit

Ex. AGY-ST-DMV-SOS-RECORDERS-087

P.L. 2020, Chapter 10 (Assembly Bill No. 3849)

An Act concerning the availability of government records during periods of emergency and amending P.L.2001, c.404

New Jersey Senate and General Assembly; approved by Governor Philip D. Murphy, New Jersey (Legislature; every public-records custodian) (State)

Dates: In force from Mar. 20, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Courts and public officesOther
Functions reached: CT public-records access for title searches, due diligence, permits and litigation; PM permit and property records; OF; CB
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

(2) During a period declared pursuant to the laws of this State as a state of emergency, public health emergency, or state of local disaster emergency, the deadlines by which to respond to a request for, or grant or deny access to, a government record under paragraph (1) of this subsection or subsection e. of this section shall not apply, provided, however, that the custodian of a government record shall make a reasonable effort, as the circumstances permit, to respond to a request for access to a government record within seven business days or as soon as possible thereafter.

Enforcement: Statute (the seven-business-day deemed-denial rule of N.J.S.A. 47:1A-5(i)(1) suspended)

Citation: New Jersey Senate and General Assembly; approved by Governor Philip D. Murphy, P.L. 2020, Chapter 10 (Assembly Bill No. 3849) (Mar. 20, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-087) Open the exhibit

Ex. AGY-ST-LABOR-WORKPLACE-005

P.L. 2020, c. 9 (Assembly Bill 3848)

An act concerning time off from work in connection with infectious disease and supplementing Title 34 of the Revised Statutes

New Jersey Legislature; approved by Governor Murphy Mar. 20, 2020, New Jersey; Legislature (enforced by the Commissioner of Labor and Workforce Development) (State)

Dates: In force from Mar. 20, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesQuarantine and isolation
Functions reached: WF workforce availability (protected absence of ill or exposed employees); HR discipline and reinstatement; OP staffing
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

1. An employer shall not, during the Public Health Emergency and State of Emergency declared by the Governor in Executive Order 103 of 2020 concerning the coronavirus disease 2019 pandemic, terminate or otherwise penalize an employee if the employee requests or takes time off from work based on the written or electronically transmitted recommendation of a medical professional licensed in New Jersey that the employee take that time off for a specified period of time because the employee has, or is likely to have, an infectious disease...

Enforcement: N.J.S.A. 34:11D-13: complaint to the Commissioner of Labor and Workforce Development or civil action; reinstatement ordered; $2,500 civil penalty per violation

Citation: New Jersey Legislature; approved by Governor Murphy Mar. 20, 2020, P.L. 2020, c. 9 (Assembly Bill 3848) (Mar. 20, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-005) Open the exhibit

Ex. AGY-ST-LABOR-WORKPLACE-006

P.L. 2020, c. 17 (Senate Bill 2304)

Earned sick leave usable for closures of the workplace, school or child care by order of a public official due to an epidemic or public health emergency, and for isolation or quarantine; TDI and FLI extended to quarantine; family leave for care of a child whose school or care is closed

New Jersey Legislature; approved by Governor Murphy Mar. 25, 2020, New Jersey; Legislature (Earned Sick Leave Law administered by the Department of Labor and Workforce Development) (State)

Dates: In force from Mar. 25, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Schools and child careWorkplace rulesQuarantine and isolation
Functions reached: WF workforce availability (school and child-care closures, quarantine); HR leave administration; OP payroll
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

3. a. An employer shall permit an employee to use the earned sick leave accrued pursuant to this act for any of the following:... closure of the employee's workplace, or the school or place of care of a child of the employee, by order of a public official or because of a state of emergency declared by the Governor, due to an epidemic or other public health emergency... [or where] the employee undergoes isolation or quarantine, or cares for a family member in quarantine, as a result of suspected exposure to a communicable disease...

Enforcement: Earned Sick Leave Law remedies, N.J.S.A. 34:11D-1 et seq. (Commissioner enforcement; Wage and Hour Law penalties)

Citation: New Jersey Legislature; approved by Governor Murphy Mar. 25, 2020, P.L. 2020, c. 17 (Senate Bill 2304) (Mar. 25, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-006) Open the exhibit

Ex. AGY-ST-DMV-SOS-RECORDERS-038

P.L. 2020, Chapter 26 (Assembly Bill No. 3903)

An Act concerning remote notarial acts, and other acts for executing and verifying certain documents, by notaries public and certain other authorized officials using communication technology for the duration of the public health emergency and state of emergency declared by the Governor in Executive Order 103 of 2020

New Jersey Senate and General Assembly; approved by Governor Philip D. Murphy, New Jersey (Legislature) (State)

Dates: In force from Apr. 14, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Courts and public officesOther
Functions reached: CL closings, acknowledgments and deeds (real estate, title, lending); OF law and accounting offices; FI loan documents; CB; OP corporate filings requiring notarization
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

b. Notwithstanding the provisions of any law or regulation to the contrary, during the public health emergency and state of emergency declared by the Governor in Executive Order 103 of 2020, a notary public appointed pursuant to the provisions of the 'Notaries Public Act of 1979,' P.L.1979, c. 460 (C.52:7-10 et seq.), or otherwise qualified and commissioned as a notary public in this State or an officer authorized to take oaths, affirmations and affidavits under R.S.41:2-1 or to take acknowledgements under R.S.46:14-6.1 may perform notarial acts using communication technology for a remotely located individual if: (1) the notary public or officer: (a) has personal knowledge of the identity of the individual... (3) the notary public or officer or a person acting on their behalf creates an audio-visual recording of the performance of the notarial act

Enforcement: Statute; subsection d. excludes records governed by the Uniform Commercial Code (other than specified sections); subsection e. requires the certificate to state that communication technology was used

Citation: New Jersey Senate and General Assembly; approved by Governor Philip D. Murphy, P.L. 2020, Chapter 26 (Assembly Bill No. 3903) (Apr. 14, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-038) Open the exhibit

Ex. AGY-ST-HEALTH-SUBORDERS-030

Executive Directive No. 20-012

Standing Order for COVID-19 Testing (Department to issue a statewide standing order allowing testing without an individual prescription; specimen collectors and laboratories to report results)

Judith Persichilli, Commissioner of Health, New Jersey - Department of Health (State health department) (State)

Dates: In force from May 12, 2020 to Dec. 20, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersWorkplace rulesOther
Functions reached: DX diagnostics (who may test and report); HR screening (employer testing programs used the standing order); OF reporting
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

hereby ORDER and DIRECT the following: 1. The Department of Health shall issue a Standing Order allowing for individuals [to undergo COVID-19 testing without a prescription]... [Persons] conducting testing who collect a specimen pursuant to the Standing Order shall provide the [individual with results and information]... shall follow CDC [guidelines]... [and] shall report the testing results into the New [Jersey Communicable Disease Reporting and Surveillance System]... This Directive shall take effect immediately.

Enforcement: N.J.S.A. 26:13-19; N.J.A.C. 8:57 reporting

Citation: Judith Persichilli, Commissioner of Health, Executive Directive No. 20-012 (May 12, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-030) Open the exhibit

Ex. AGY-ST-HEALTH-SUBORDERS-061

Standing Order for COVID-19 Testing

Standing Order for COVID-19 Testing (authorizes any health care provider, licensed pharmacist and testing site to collect specimens and order testing without an individual prescription; patient eligibility; mandatory reporting of positive and negative results by laboratories and testing locations)

New Jersey Department of Health (Commissioner of Health), New Jersey - Department of Health (State health department) (State)

Dates: In force from May 12, 2020 to Dec. 20, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersWorkplace rulesOther
Functions reached: DX diagnostics (pharmacy and site-based testing); HR screening (employer testing programs); OF reporting
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

This standing order is issued pursuant to the New Jersey Emergency Health Powers Act, N.J.S.A. [26:13-1 et seq.]... This standing order authorizes any healthcare provider, licensed pharmacist (to the extent [permitted])... II. PATIENT ELIGIBILITY... [testing locations acting under this] standing order shall report the test results to the healthcare facility, pharmacy (as authorized [by the individual])... A. Test results must be reported to the individual by a representative of the testing location... B. Positive and negative results must be reported by the laboratory processing the test results [to the Department]... This standing order shall take effect immediately.

Enforcement: N.J.S.A. 26:13-19; N.J.A.C. 8:57 (reporting)

Citation: New Jersey Department of Health (Commissioner of Health), Standing Order for COVID-19 Testing (May 12, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-061) Open the exhibit

Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-015

NJ TRANSIT press release, July 30, 2020: cash fares and front-door boarding resume Aug. 3, 2020 on buses with operator barriers; cash fares and front-door boarding 'remain temporarily suspended' on buses without barriers; face coverings required under EO 165 on all vehicles and in all stations and facilities and on outdoor platforms and stops where distancing is not practicable; 'Your Ride to Recovery' guidelines; employers asked to keep employees working from home or stagger hours

Cash Fares and Front Door Boarding Resume on NJ TRANSIT Buses August 3rd - Protective Barriers Installed Near Bus Operators

New Jersey Transit Corporation (NJ TRANSIT), New Jersey (State)

Dates: In force from Aug. 3, 2020 to Sept. 30, 2021 (issued July 30, 2020)
Quarters: 2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Face-covering requirementWorkplace rulesOther
Functions reached: WF commuting workforce (mask condition for the entire journey; bus boarding and fare restrictions continuing); OP office (employers asked to keep staff at home or stagger hours); HR (public-facing employee mask rule); CB customer access; TV travel
Character: binding
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Cash fares and front door boarding will remain temporarily suspended on buses which have not yet had the barrier installation.... As a precaution to prevent the spread of COVID-19, cash fares on buses were temporarily suspended with customers restricted to rear-door boarding to increase social distancing between bus operators and customers.... Governor Murphy's Executive Order 165 requires all staff & customers to wear face coverings on board all transit vehicles and inside all stations & facilities. Masks are also required on all outdoor train platforms & bus stops when distancing is not practicable. NJ TRANSIT requires all public-facing employees to wear face coverings at all times when performing their duties.... Employers can also play a significant role by helping flatten the peak travel curves and spread ridership more evenly over the entire service day by encouraging employees to…

Enforcement: EO 165 penalties (N.J.S.A. App. A:9-49, -50: disorderly persons offense; up to six months' imprisonment, $1,000 fine); NJ TRANSIT condition of carriage

Citation: New Jersey Transit Corporation (NJ TRANSIT), NJ TRANSIT press release, July 30, 2020: cash fares and front-door boarding resume Aug. 3, 2020 on buses with operator barriers; cash fares and front-door boarding 'remain temporarily suspended' on buses without barriers; face coverings required under EO 165 on all vehicles and in all stations and facilities and on outdoor platforms and stops where distancing is not practicable; 'Your Ride to Recovery' guidelines; employers asked to keep employees working from home or stagger hours (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-015) Open the exhibit

Ex. AGY-ST-HEALTH-SUBORDERS-024

Executive Directive No. 21-002

Offsite Vaccinations (authorizing vaccination sites to operate off-premises clinics under stated conditions)

Judith M. Persichilli, Commissioner of Health, New Jersey - Department of Health (State health department) (State)

Dates: In force from Feb. 27, 2021 to Sept. 30, 2021
Quarters: 2021 Q12021 Q22021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testing
Functions reached: CL clinical operations (off-site clinics); HR credentialing
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

hereby ORDER and DIRECT the following:... 3. The vaccination sites operated pursuant to Paragraph 1 shall comply with the [Department's requirements]... This Order shall take effect immediately and shall remain in effect until such time as it is [rescinded].

Enforcement: N.J.S.A. 26:13-19

Citation: Judith M. Persichilli, Commissioner of Health, Executive Directive No. 21-002 (Feb. 27, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-024) Open the exhibit

Ex. AGY-ST-ALCOHOL-031

AN 2021-04 Amended Advisory Notice to the Industry Regarding Back-Ordered Products and Their Impact on RIPs, Credit and Delivery

AN 2021-04 (Amended): Back-Ordered Products and Their Impact on Retailer Incentive Programs, Credit and Delivery

New Jersey Division of Alcoholic Beverage Control, New Jersey (State alcoholic-beverage regulator) (Sector regulator)

Dates: In force from Mar. 15, 2021 to Aug. 31, 2021
Quarters: 2021 Q12021 Q22021 Q3
Limitations: Supply chainOther
Functions reached: SC supply chain; KT and BA (product availability)
Grade: Primary source read
Days in this quarter: 62 (in force on the first day)

These are products that are ordered by retailers, but due to shortages and other supply chain issues at the manufacturer/supplier level, cannot be timely delivered to retailers by wholesalers and included in a single invoice. AN 2020-11 outlined uniform practices to temporarily address the back-order issue

Enforcement: Division rules on credit and delivery (N.J.A.C. 13:2)

Citation: New Jersey Division of Alcoholic Beverage Control, AN 2021-04 Amended Advisory Notice to the Industry Regarding Back-Ordered Products and Their Impact on RIPs, Credit and Delivery (Mar. 15, 2021) (Ex. AGY-ST-ALCOHOL-031) Open the exhibit

Ex. AGY-ST-HEALTH-SUBORDERS-020

Executive Directive No. 20-037 (Revised)

Authorization of Health Care Providers to Serve as COVID-19 Vaccinators (paramedics, EMTs, students, dentists, pharmacists and others under documented training and site conditions; original Jan. 6, 2021; revised May 24, 2021)

Judith M. Persichilli, Commissioner of Health, New Jersey - Department of Health (State health department) (State)

Dates: In force from May 24, 2021 to Sept. 30, 2021
Quarters: 2021 Q12021 Q22021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testing
Functions reached: HR credentialing (who may vaccinate; documentation); CL clinical operations at vaccination sites
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

hereby ORDER and DIRECT the following:... The site must be operating under a Centers for Disease Control and [Prevention COVID-19 Vaccination Program Provider Agreement]... The vaccination site must document that the provider successfully completed [the required training]... The paramedic shall only be permitted to serve as a vaccinator at a vaccination site and shall not provide any other professional services within [that role]... 5. All health care providers who serve as vaccinators shall comply with the [Department's guidance]... This Order shall take effect immediately and shall remain in effect until such time as it is [rescinded].

Enforcement: N.J.S.A. 26:13-19; professional licensure

Citation: Judith M. Persichilli, Commissioner of Health, Executive Directive No. 20-037 (Revised) (May 24, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-020) Open the exhibit

Ex. AGY-ST-HEALTH-SUBORDERS-038

COVID-19 Protocols for Tanning Facilities and Body Art Establishments (July 4, 2021)

Protocols for tanning facilities and body-art establishments after Executive Orders 241 and 242 (mask rules relaxed; municipal permits, contact-tracing cooperation, glove provision, small-space limits and cleaning continue)

New Jersey Department of Health, New Jersey - Department of Health (State health department) (State)

Dates: In force from July 4, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Workplace rulesOther
Functions reached: SL salon and body-art services (operating conditions); HR staffing and PPE; OF administration (permits, contact tracing)
Grade: Primary source read
Days in this quarter: 89 (in force on the last day)

This document presents best practices for Body Art establishments and Tanning Facilities that have opened their premises to the public. On June 13, 2020, Governor Murphy issued Executive Order No. 154 (2020), allowing personal care facilities, including tanning and body art establishments, to open... Executive Orders No. 241 and 242 amended masking requirements.... In addition to the recommended protocols below, facilities must continue to obtain all [required municipal permits]... [and] must cooperate with contact tracing... [where gloves are required] the employer must provide such gloves to employees... Prohibit the use of small spaces (e.g. storage rooms) by more than [one person at a time].

Enforcement: N.J.A.C. 8:27 body-art licensure by local health authorities; N.J.S.A. 26:13-19 for the mandatory provisions

Citation: New Jersey Department of Health, COVID-19 Protocols for Tanning Facilities and Body Art Establishments (July 4, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-038) Open the exhibit

Ex. AGY-ST-HEALTH-SUBORDERS-039

New Jersey COVID-19 Pools and Aquatic Recreation Facility Standards (July 4, 2021)

Pool and aquatic-recreation standards after EO 239 and 242 (full capacity permitted; continuing lifeguard, patron-roster, illness-cooperation, glove and sanitation requirements; N.J.A.C. 8:26 compliance)

New Jersey Department of Health, New Jersey - Department of Health (State health department) (State)

Dates: In force from July 4, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Workplace rulesOther
Functions reached: AM amenities (hotel, club and community pools); FC facilities (water parks); HR staffing (lifeguards); OF administration (patron rosters)
Grade: Primary source read
Days in this quarter: 89 (in force on the last day)

Aquatic Recreation Facilities (ARF), as defined at N.J.A.C. 8:26-1.3, which includes water parks, must [also follow the standards for] Recreation Activities issued pursuant to Executive Order No. 181 in addition to these standards. All pool facilities must comply with existing sanitation and safety regulatory requirements for [recreational bathing]... These facilities are now permitted to operate at full capacity, per Executive Orders No. 239 and 242... An active on duty guard shall perform only the role of lifeguard... 2. A roster of patrons must be documented.... D. In the event of illness staff and/or patrons shall cooperate with the LHD.

Enforcement: N.J.A.C. 8:26 licensure; N.J.S.A. 26:13-19

Citation: New Jersey Department of Health, New Jersey COVID-19 Pools and Aquatic Recreation Facility Standards (July 4, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-039) Open the exhibit

End of general restrictions, State of New Jersey: Executive Order No. 242 (2021) (Ex. NJ-050), paras. 1-15 and 18 effective 6:00 a.m. May 28, 2021 and paras. 16-17 effective 6:00 a.m. June 4, 2021; with Executive Order No. 243 (2021) (Ex. NJ-051) rescinding the EO 107 telework mandate effective 6:00 a.m. June 4, 2021, Executive Order No. 244 (2021) (Ex. NJ-052) terminating the Public Health Emergency on June 4, 2021, and P.L. 2021, c. 103 (Ex. NJ-053) fixing the survivors (2021-05-28 (capacity, distancing and indoor public masking) and 2021-06-04 (indoor gathering limits; telework mandate; Public Health Emergency)). What remained: The State of Emergency (EO 103 as continued by EO 244 para. 2 and c. 103 sec. 4); EO 242 paras. 2-3 and 6 and EO 243 paras. 1-4: masking and six-foot distancing in indoor workplaces not open to the public for employees not proven fully vaccinated, and the daily health checks and other EO 192 employer requirements; EO 242 para. 13: masking and distancing requirements in health care settings including long-term care, home health care and office-based health care, correctional facilities, homeless shelters, and on public transportation and in transportation hubs; EO 242 para. 9: school, child care and camp distancing and masking rules (EOs 149, 175, 237 and DOH standards); EO 242 para. 18: municipal and county power to impose indoor mask requirements; the executive orders listed in c. 103 sec. 1 to January 1, 2022 (EO 106 eviction moratorium as modified by EO 249 and c. 188; EO 112 health-care licensing; EO 123 insurance grace periods; EO 150 outdoor-premises expansions; EO 159/170/178 deadline extensions; EO 229 utility moratorium, replaced by EO 246's grace period to December 31, 2021; EO 233; EO 237 camps); every unrevoked agency directive and waiver to January 11, 2022 (c. 103 sec. 3(a)), including DOH ED 20-013, 20-016 (rev. June 16, 2021), 20-018 (rev. June 16, 2021), 20-026 and 21-001 (long-term care), 21-004 (child care), 21-007 (adult day); the Governor's continuing authority (c. 103 sec. 5) exercised in EOs 251, 252, 253 and 264; and the federal layer (CDC conveyance order and TSA directives on NJ TRANSIT, PATCO, airports and stations; presidential entry proclamations; OSHA Healthcare ETS).

Preemption of local orders, State of New Jersey: Yes, from the first day. EO 104 para. 12 (March 16, 2020) and EO 107 (March 21, 2020) barred any municipal, county or other political subdivision from enacting or enforcing conflicting orders; EO 108 (March 21, 2020, Ex. NJ-005) invalidated every existing county or municipal COVID-19 restriction that conflicted with EO 107, naming as examples changes to the essential-retail list, limits on business scope or hours, density or distancing rules, gathering orders and curfews, and reserved to municipalities only short-term-rental platforms and parks (para. 3). Every later order repeated the bar. EO 118 (April 7, 2020) removed county power over county parks; EO 195 (November 12, 2020, Ex. NJ-038) restated the preemption for EOs 103-194 and created the single wartime exception, letting municipalities and counties restrict the hours of non-essential retail, food and beverage, personal care and recreation businesses between 8:00 p.m. and 5:00 a.m. (Newark and other cities used it).

Third quarter of 2021: the instruments in force, State of New Jersey

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):

NJ-001 (State of Emergency, via NJ-052 EO 244 para. 2 and NJ-053 c. 103 sec. 4)
NJ-053 (P.L. 2021, c. 103: survivors to Jan. 1 and Jan. 11, 2022; sec. 5 authority)
NJ-050 (EO 242 paras. 2-3, 6, 9, 13, 18; c. 103 sec. 1(14) inference)
NJ-051 (EO 243 paras. 1-4: EO 192 requirements for in-person worksites; masking and distancing of unvaccinated or unverified employees; daily health checks)
NJ-036 (EO 192 expired as a free-standing order July 4, 2021 under P.L. 2021, c. 103, sec. 1; its worksite requirements were in force in Q3 2021 only as carried by EO 242 paras. 2-3 and 6 and EO 243 paras. 1-4, EO 242 as clarified by EO 243 being the c. 103 sec. 103 sec. 1 lists EOs 106, 111, 112, 123, 127, 150, 159, 170, 178, 207, 229, 233, 237 and the item (14) order, and EO 192 is neither)
NJ-003 (EO 106 eviction and foreclosure removal stay, as modified by NJ-054)
NJ-054 (EO 249, Aug. 4, 2021)
NJ-089 (P.L. 2021, c. 188, Aug. 4, 2021)
NJ-012 (EO 123 insurance grace periods, listed in c. 103 sec. 1(4))
NJ-008 (EO 112 health-care licensing waivers to Jan. 1, 2022; immunity to Sept. 1, 2021)
NJ-020 (EO 150 outdoor-premises expansion provisions, listed in c. 103 sec. 1(6))
NJ-061 (EO 246 utility grace period July 1 - Dec. 31, 2021)
NJ-074 (DOH ED 20-026 LTC testing, phases, PPE, IPC staffing; EO 252 para. 5 confirms in force to Jan. 11, 2022)
NJ-078 (DOH ED 21-001 LTC visitation)
NJ-066 (DOH ED 20-013 LTC testing, as carried by ED 20-026)
NJ-084 (DOH ED 20-016 ASC elective protocols, amended June 16, 2021)
NJ-085 (DOH ED 20-018 hospital elective protocols, amended June 16, 2021)
NJ-079 (DOH ED 21-004 child care standards; c. 103 sec. 3(a))
NJ-081 (DOH ED 21-007 adult day reopening requirements, June 15, 2021)
NJ-083 (DOH home health geographic waiver tied to the State of Emergency; context)
NJ-086 (DOH N.J.A.C. 8:7 waiver continued Aug. 19, 2021 under c. 103 sec. 3)
NJ-055 (EO 251 school masks from Aug. 9, 2021)
NJ-056 (EO 252 health care and congregate-setting vaccination-or-testing from Sept. 7, 2021)
NJ-057 (EO 253 school-worker vaccination-or-testing, issued Aug. 23, 2021; para. 9 operative)
NJ-058 (EO 264 child care masking from Sept. 24, 2021; vaccination-or-testing announced for Nov. 1)
NJ-019 and NJ-032 (EO 149 and EO 175 school and child care distancing and masking standards preserved by EO 242 para. 9 until replaced by EO 251/264)
NJ-094 (Supreme Court order on pleas by mail, 'until further order')
Federal layer on New Jersey transit and airports: CDC conveyance order (86 Fed. Reg. 8025) and TSA security directives (FED exhibits)

5. Standing duties in New Jersey

New Jersey placed every employer under standing duties before any COVID-19 order issued, and every COVID-19 order was written on top of them. First, the Civilian Defense and Disaster Control Act, N.J.S.A. App. A:9-33 et seq. (Ex. DUT-NJ-006): section 9-45 empowers the Governor to make orders on 'the conduct of the civilian population' and on 'any matter that may be necessary to protect the health, safety and welfare of the people,' and provides that such orders 'having to do with the conduct of persons... shall be binding upon each and every person within this State'; section 9-49 makes any person who violates 'any order, rule or regulation adopted by the Governor' a disorderly person subject to six months' imprisonment or a $1,000 fine or both; section 9-50 reaches aiding and abetting; section 9-40 bars any subdivision from enforcing a rule at variance with the Governor's. Every COVID-19 order closes with the duty of 'every person or entity in this State or doing business in this State... to cooperate fully' and a penalty paragraph citing App. A:9-49 and -50 (Ex. NJ-004 paras. 24-25; NJ-011 paras. 7-8; NJ-036 paras. 11, 13; NJ-050 paras. 20-21; NJ-051 paras. 7-8). The Appellate Division held in JWC Fitness, LLC v. Murphy, No. A-0639-20 (App. Div. Oct. 18, 2021) (Ex. DUT-NJ-013), that the Governor exercised 'his authority to regulate the operations of specified categories of businesses under N.J.S.A. App. A:9-40 and 9-45' and that a violator 'shall be adjudged a disorderly person and be subject to fine or imprisonment.' Second, the Emergency Health Powers Act, P.L. 2005, c. 222 (Ex. DUT-NJ-001): the declaring order 'may also prescribe necessary actions or countermeasures to protect the public's health' (26:13-3(a)); the Commissioner may 'close, direct and compel the evacuation of, or... decontaminate... any facility of which there is reasonable cause to believe that it may endanger the public health' (26:13-8(a)), a power EO 192 para. 13 recited as the sanction for any employer 'that fails to adhere to the protocols'; the Commissioner may take 'all reasonable and necessary measures to prevent the transmission of infectious disease' (26:13-12); a quarantined person 'shall obey the commissioner's orders' (26:13-15(d)). N.J.S.A. 26:4-2 (Exs. DUT-NJ-001 s. 31, DUT-NJ-002) gives the Department and every local board power to 'maintain and enforce proper and sufficient quarantine,' remove infected persons and 'disinfect any premises,' with the Department overseeing 'the uniform exercise of these powers' during a declared public health emergency; N.J.S.A. 26:4-129 (Ex. DUT-NJ-003) penalizes any person who 'fails to perform any duty imposed by this chapter.' N.J.A.C. 8:57-1.11 (Ex. DUT-NJ-012) requires written isolation and quarantine orders on report of a communicable disease and commands that 'any person who is responsible for the care, custody, or control of a person who is ill or infected... shall take all measures necessary to prevent transmission.' Third, the State Sanitary Code has 'the force and effect of law' and 'shall be enforced by each local board of health, the local police authorities and other enforcement agencies' (26:1A-9, Ex. DUT-NJ-004), each violation 'a separate offense' punishable by $50 to $1,000 (26:1A-10, Ex. DUT-NJ-005); its retail-food chapter excludes any worker 'affected with any disease in a communicable form... or... acute respiratory infection' from food work and directs the person in charge to 'relieve him or her of duties' (8:24-2.2, Ex. DUT-NJ-011), and lets the health authority order corrective action, closure and the exclusion of infected employees (8:24-8.8, Ex. DUT-NJ-017); local boards 'shall examine into and prohibit... all causes of disease' and 'shall cause the same to be removed and abated at the expense of the owner' (26:3-46, Ex. DUT-NJ-016). Fourth, the workplace statutes: 'Every employer shall furnish a place of employment which shall be reasonably safe and healthful for employees... including methods of sanitation and hygiene' (34:6A-3, Ex. DUT-NJ-009); public employers 'shall... [p]rovide... a place of employment which [is] free from recognized hazards' (34:6A-33, Ex. DUT-NJ-010); private-sector enforcement is federal under 29 U.S.C. 654(a)(1) (text at Ex. DUT-CT-009). EO 192 (Ex. NJ-036) supplied the pandemic content for every in-person worksite from November 5, 2020 ('is required to abide by the following requirements, at minimum'), incorporating CDC recommendations and DOH guidance by command, with a Department of Labor complaint intake, Department of Health inspections and subpoenas, and closure under 26:13-8; EO 243 paras. 1-2 and EO 242 para. 3 carried those requirements past June 4, 2021 (Exs. NJ-051, NJ-050). N.J.A.C. 12:70 (Ex. DUT-NJ-014, effective Aug. 10, 2020) prohibited penalizing an employee who took recommended time off for an infectious disease. Fifth, the liability shield: P.L. 2020, c. 18 (Ex. DUT-NJ-007) immunized health care professionals and facilities only, and only for acts 'in the course of providing medical services in support of the State's response' or 'undertaken in good faith... to prevent the spread of COVID-19,' expiring September 1, 2021 (P.L. 2021, c. 103, s. 2, Ex. NJ-053); the general business shield, A4189 (Ex. DUT-NJ-008), was introduced June 1, 2020 and never enacted, so every other employer kept its full duty of care, measured by the instruments above. Sixth, the operating conditions: EO 107 ('must close,' 'must, wherever practicable, provide pickup,' 'shall abide by social distancing practices to the extent practicable,' 'must accommodate their workforce, wherever practicable, for telework'), EO 122 ('must adopt policies that include, at minimum'; 'Continue to follow guidelines and directives issued by the New Jersey Department of Health, the CDC and the Occupational Health and Safety Administration'), EO 150 para. 1(c) ('Satisfy all standards issued by DOH'), EO 157 ('provided that such businesses adopt policies that they comply with the standards issued by the Division of Consumer Affairs and DOH'), EO 183 para. 1(f) ('Abide by all other health and safety standards issued by the Commissioner of DOH'), EO 242 ('must continue to abide by all other current health and safety standards'), and the DOH directives ('must adhere to the protocols listed below,' Exs. NJ-069, NJ-070; 'shall comply with the attached Department of Health standards,' Ex. NJ-075; 'shall adhere to guidance by the Centers for Disease Control,' Ex. NJ-073). Seventh, the Attorney General's December 2020 enforcement releases (Exs. DUT-NJ-015, DUT-NJ-018) charged licensees for failing to 'enforce face covering requirements for patrons and employees,' 'maintain a six-foot minimum distance between dining tables' and 'enforce social distancing among employees and patrons,' stating that those who 'flout curfews, seating restrictions, face covering mandates, and other mitigation measures will face consequences.' Nothing in this State's record was voluntary.

The phase question

Whether the measures New Jersey employers took 'beyond' the emergency orders were voluntary within Notice 2021-20 Q&A-14. New Jersey answer: they were the performance of duties imposed by the Civilian Defense and Disaster Control Act (N.J.S.A. App. A:9-40, -45, -49, -50: orders on the conduct of persons 'binding upon each and every person within this State'; disorderly-persons offense), the Emergency Health Powers Act (N.J.S.A. 26:13-3, -8, -12, -15), the communicable-disease title (N.J.S.A. 26:4-2, -129), the State Sanitary Code with 'the force and effect of law' (N.J.S.A. 26:1A-9, -10; N.J.A.C. 8:57-1.11, 8:24-2.2, 8:24-8.8), nuisance law (N.J.S.A. 26:3-46), the Worker Health and Safety Act (N.J.S.A. 34:6A-3) and PEOSHA (N.J.S.A. 34:6A-33) with the federal general duty clause, the Department of Labor's COVID-19 rule (N.J.A.C. 12:70), and orders that made continued operation conditional on Department of Health standards (EO 107, 122, 150, 157, 183, 192, 242, 243), enforced by prosecution, license suspension and closure under N.J.S.A. 26:13-8; the Legislature granted no immunity to businesses outside health care.

The State's standing duties

Ex. DUT-NJ-001

P.L. 2005, c. 222 (Emergency Health Powers Act), as enacted; N.J.S.A. 26:13-1 to -31, including 26:13-3 (declaration; countermeasures), 26:13-8 (closure, evacuation, decontamination of facilities), 26:13-12 (measures to prevent transmission), 26:13-15 (isolation and quarantine; duty to obey), and section 31 amending R.S. 26:4-2

An Act concerning emergency health powers, supplementing Title 26 of the Revised Statutes, and amending R.S.26:4-2, 26:8-62, 34:15-43 and 34:15-75

New Jersey Legislature (211th Legislature); approved by Acting Governor Richard J. Codey, New Jersey (State)

Dates: Standing (2005-09-14 (s. 36: 'This act shall take effect immediately'); powers exercisable during a declared public health emergency (declared Mar. 9, 2020, EO 103, Ex. NJ-001; terminated June 4, 2021, EO 244, Ex. NJ-052))
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declarationBusiness closureQuarantine and isolationStanding duty
Character: statutory authority
Grade: Primary source read

8. During a state of public health emergency, the commissioner may exercise the following powers over facilities or property: a. Facilities. To close, direct and compel the evacuation of, or to decontaminate or cause to be decontaminated, any facility of which there is reasonable cause to believe that it may endanger the public health.

Enforcement: Closure by written order (26:13-8(a)(1)); court-enforced isolation and quarantine (26:13-15); violation of the Governor's orders under the declared emergency is a disorderly-persons offense under N.J.S.A. App. A:9-49 (Ex. DUT-NJ-006); the 2005 act carries no free-standing fine section

Citation: New Jersey Legislature (211th Legislature); approved by Acting Governor Richard J. Codey, P.L. 2005, c. 222 (Emergency Health Powers Act), as enacted; N.J.S.A. 26:13-1 to -31, including 26:13-3 (declaration; countermeasures), 26:13-8 (closure, evacuation, decontamination of facilities), 26:13-12 (measures to prevent transmission), 26:13-15 (isolation and quarantine; duty to obey), and section 31 amending R.S. 26:4-2 (standing) (Ex. DUT-NJ-001) Open the exhibit

Ex. DUT-NJ-002

N.J.S.A. 26:4-2, Powers of State department and local board (communicable disease control)

Powers of State department and local board

New Jersey Legislature (R.S. 1937; amended L.2005, c.222, s.31; L.2012, c.17, s.337), New Jersey (State)

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

In order to prevent the spread of disease affecting humans, the Department of Health, and the local boards of health within their respective jurisdictions and subject to the State sanitary code, shall have power to:... d. Maintain and enforce proper and sufficient quarantine, wherever deemed necessary.... f. Disinfect any premises when deemed necessary.

Enforcement: N.J.S.A. 26:4-129 to -130: $10 to $100 per offense on any person who violates the chapter or 'fails to perform any duty imposed by this chapter' (Ex. DUT-NJ-003)

Citation: New Jersey Legislature (R.S. 1937; amended L.2005, c.222, s.31; L.2012, c.17, s.337), N.J.S.A. 26:4-2, Powers of State department and local board (communicable disease control) (standing) (Ex. DUT-NJ-002) Open the exhibit

Ex. DUT-NJ-003

N.J.S.A. 26:4-129, Liability to penalties in general (with 26:4-130, proceedings for recovery)

Liability to penalties in general

New Jersey Legislature (R.S. 1937), New Jersey (State)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Standing dutyOther
Character: order penalty
Grade: Primary source read

Except as otherwise specifically provided in this chapter, a person who violates any of the provisions of this chapter, or fails to perform any duty imposed by this chapter at the time and in the manner provided, shall be liable to a penalty of not less than ten nor more than one hundred dollars for each offense.

Enforcement: $10 to $100 for each offense; summary recovery under the Penalty Enforcement Law; commitment to county jail up to 90 days for failure to pay (26:4-130)

Citation: New Jersey Legislature (R.S. 1937), N.J.S.A. 26:4-129, Liability to penalties in general (with 26:4-130, proceedings for recovery) (standing) (Ex. DUT-NJ-003) Open the exhibit

Ex. DUT-NJ-004

N.J.S.A. 26:1A-9, Force and effect of Code; enforcement; local regulations

Force and effect of Code; enforcement; local regulations

New Jersey Legislature (L.1947, c. 177, s. 9; amended L.1974, c. 150), New Jersey (State)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Standing dutyOther
Character: sanitary code duty
Grade: Primary source read

The provisions of the State Sanitary Code shall have the force and effect of law. Such code shall be observed throughout the State and shall be enforced by each local board of health, the local police authorities and other enforcement agencies.

Enforcement: N.J.S.A. 26:1A-10: $50 to $1,000 for each violation, each a separate offense (Ex. DUT-NJ-005)

Citation: New Jersey Legislature (L.1947, c. 177, s. 9; amended L.1974, c. 150), N.J.S.A. 26:1A-9, Force and effect of Code; enforcement; local regulations (standing) (Ex. DUT-NJ-004) Open the exhibit

Ex. DUT-NJ-005

N.J.S.A. 26:1A-10, Violation of State Sanitary Code, penalty

Violation of State Sanitary Code, penalty

New Jersey Legislature (L.1947, c. 177, s. 10; amended L.1953, c. 26; L.1993, c. 55), New Jersey (State)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Standing dutyOther
Character: order penalty
Grade: Primary source read

Each violation of any provision of the State Sanitary Code shall constitute a separate offense and shall be punishable by a penalty of not less than $50 nor more than $1,000. Each such penalty shall be sued for and recovered in a civil action, in any court of competent jurisdiction, by and in the name of the State Department of Health or by and in the name of the local board of health

Enforcement: $50 to $1,000 per violation; each violation a separate offense

Citation: New Jersey Legislature (L.1947, c. 177, s. 10; amended L.1953, c. 26; L.1993, c. 55), N.J.S.A. 26:1A-10, Violation of State Sanitary Code, penalty (standing) (Ex. DUT-NJ-005) Open the exhibit

Ex. DUT-NJ-006

Civilian Defense and Disaster Control Act, N.J.S.A. App. A:9-33 to -63, including A:9-34 (emergency powers), A:9-40 (duty of officials to cooperate; no rule at variance), A:9-45 (orders, rules and regulations 'binding upon each and every person within this State'), A:9-49 (violations as disorderly conduct; penalty), A:9-50 (aiding or abetting), A:9-51 (extraordinary emergencies)

Civilian Defense and Disaster Control Act (NJOEM compilation, 'Updated November 14, 2022')

New Jersey Legislature (L.1942, c. 251, as amended); compilation published by the New Jersey Office of Emergency Management (Division of State Police, Department of Law and Public Safety), New Jersey (State)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declarationStanding dutyOther
Character: order penalty
Grade: Primary source read

All such orders, rules and regulations having to do with the conduct of persons which shall be adopted by the Governor and promulgated as provided herein shall be binding upon each and every person within this State.... shall be adjudged a disorderly person and shall be subject to imprisonment for a term not to exceed 6 months or shall pay a fine not to exceed $1,000.00 or to both

Enforcement: Disorderly person: imprisonment up to 6 months or fine up to $1,000 or both (A:9-49); the same for knowingly aiding or abetting (A:9-50); prosecution in municipal court, elements proved beyond a reasonable doubt (A:9-49)

Citation: New Jersey Legislature (L.1942, c. 251, as amended); compilation published by the New Jersey Office of Emergency Management (Division of State Police, Department of Law and Public Safety), Civilian Defense and Disaster Control Act, N.J.S.A. App. A:9-33 to -63, including A:9-34 (emergency powers), A:9-40 (duty of officials to cooperate; no rule at variance), A:9-45 (orders, rules and regulations 'binding upon each and every person within this State'), A:9-49 (violations as disorderly conduct; penalty), A:9-50 (aiding or abetting), A:9-51 (extraordinary emergencies) (standing) (Ex. DUT-NJ-006) Open the exhibit

Ex. DUT-NJ-007

P.L. 2020, c. 18, An Act providing immunity from liability for certain claims alleging injury or death during public health emergency and state of emergency and facilitating issuance of temporary licenses and certifications

COVID-19 health care civil and criminal immunity act (P.L. 2020, c. 18)

New Jersey Legislature (219th Legislature, S2333/A3910); approved by Governor Philip D. Murphy, New Jersey (State)

Dates: Standing (2020-04-14 (s. 4: 'take effect immediately'); section 1 retroactive to March 9, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersOther
Character: liability shield condition
Grade: Primary source read

a health care professional shall not be liable for civil damages for injury or death alleged to have been sustained as a result of an act or omission by the health care professional in the course of providing medical services in support of the State's response to the outbreak of coronavirus disease during the public health emergency and state of emergency

Enforcement: None (immunity provision); the condition confines the shield to conduct in support of the State's response and in good faith to prevent the spread of COVID-19

Citation: New Jersey Legislature (219th Legislature, S2333/A3910); approved by Governor Philip D. Murphy, P.L. 2020, c. 18, An Act providing immunity from liability for certain claims alleging injury or death during public health emergency and state of emergency and facilitating issuance of temporary licenses and certifications (Apr. 14, 2020) (Ex. DUT-NJ-007) Open the exhibit

Ex. DUT-NJ-008

Assembly Bill No. 4189 (2020), introduced June 1, 2020, 'Establishes immunity for businesses against damage claims for COVID-19 exposure; excludes reckless or intentional conduct' (not enacted)

An Act concerning COVID-19-related business immunity and supplementing Title 2A of the New Jersey Statutes (A4189, as introduced)

New Jersey General Assembly, 219th Legislature (sponsors Assemblymen Catalano, McGuckin and Dancer; co-sponsors Thomson, Rumpf and Gove); bill as introduced, New Jersey (State)

Dates: Standing (never in force)
Limitations: Other
Character: not enacted
Grade: Primary source read

an employer is immune from civil liability for damages or injury resulting from exposure of an individual to COVID-19 on the premises owned or operated by the employer, or during activity managed by the employer.... c. Immunity as described in this section shall not apply to: (1) willful misconduct; (2) reckless infliction of harm; or (3) intentional infliction of harm.

Enforcement: None

Citation: New Jersey General Assembly, 219th Legislature (sponsors Assemblymen Catalano, McGuckin and Dancer; co-sponsors Thomson, Rumpf and Gove); bill as introduced, Assembly Bill No. 4189 (2020), introduced June 1, 2020, 'Establishes immunity for businesses against damage claims for COVID-19 exposure; excludes reckless or intentional conduct' (not enacted) (Ex. DUT-NJ-008) Open the exhibit

Ex. DUT-NJ-009

N.J.S.A. 34:6A-3, Safe and healthful place of employment (Worker Health and Safety Act)

Safe and healthful place of employment

New Jersey Legislature (L.1965, c. 154, s. 3, eff. June 19, 1965), New Jersey (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 a place of employment which shall be reasonably safe and healthful for employees. Every employer shall install, maintain and use such employee protective devices and safeguards including methods of sanitation and hygiene... as are reasonably necessary to protect the life, health and safety of employees, with due regard for the nature of the work required.

Enforcement: Enforcement by the Commissioner of Labor with right of entry, inspection and prosecution (34:6A-6); the act's penalty sections were not read in this record

Citation: New Jersey Legislature (L.1965, c. 154, s. 3, eff. June 19, 1965), N.J.S.A. 34:6A-3, Safe and healthful place of employment (Worker Health and Safety Act) (standing) (Ex. DUT-NJ-009) Open the exhibit

Ex. DUT-NJ-010

N.J.S.A. 34:6A-33, Responsibilities of employers (PEOSHA general duty)

Responsibilities of employers

New Jersey Legislature (L.1983, c. 516, s. 9; amended L.1995, c. 186, s. 5), New Jersey (State)

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

9. Every employer shall: a. Provide each of his employees with employment and a place of employment which are free from recognized hazards which may cause serious injury, physical harm or death to his employees; and b. Comply with occupational safety and health standards promulgated under this act.

Enforcement: Orders to comply and penalties under N.J.S.A. 34:6A-41 (Commissioner of Labor, with Department of Health certification of health violations)

Citation: New Jersey Legislature (L.1983, c. 516, s. 9; amended L.1995, c. 186, s. 5), N.J.S.A. 34:6A-33, Responsibilities of employers (PEOSHA general duty) (standing) (Ex. DUT-NJ-010) Open the exhibit

Ex. DUT-NJ-011

N.J.A.C. 8:24-2.2, Employee health (exclusion and restriction of employees with communicable disease or acute respiratory infection)

Employee health

New Jersey Department of Health (State Sanitary Code, Chapter 24, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines), New Jersey (State)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesQuarantine and isolationStanding duty
Character: sanitary code duty
Grade: Primary source read

Persons, while affected with any disease in a communicable form or while a carrier of such disease or while affected with... acute respiratory infection, jaundice, sore throat with fever, nausea, vomiting, or diarrhea... shall not work in any area of a food establishment in any capacity in which there is a likelihood of such person contaminating food or food contact surfaces

Enforcement: N.J.S.A. 26:1A-10 ($50 to $1,000 per violation, each a separate offense) (Ex. DUT-NJ-005); N.J.A.C. 8:24-8.8 (corrective orders; closure; exclusion of employees) (Ex. DUT-NJ-017); N.J.A.C. 8:24-8.9 (penalties)

Citation: New Jersey Department of Health (State Sanitary Code, Chapter 24, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines), N.J.A.C. 8:24-2.2, Employee health (exclusion and restriction of employees with communicable disease or acute respiratory infection) (standing) (Ex. DUT-NJ-011) Open the exhibit

Ex. DUT-NJ-012

N.J.A.C. 8:57-1.11, Isolation and quarantine for communicable disease

Isolation and quarantine for communicable disease

New Jersey Department of Health (State Sanitary Code, Chapter 57, Communicable Diseases), New Jersey (State)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Quarantine and isolationStanding duty
Character: sanitary code duty
Grade: Primary source read

A health officer or the Department... shall, by written order, establish such isolation or quarantine measures as... necessary to prevent or control the spread of the disease.... Any person who is responsible for the care, custody, or control of a person who is ill or infected with a communicable disease shall take all measures necessary to prevent transmission of the disease to other persons.

Enforcement: N.J.S.A. 26:4-129 to -130 and 26:1A-10 (N.J.A.C. 8:57-1.15 recites these penalty sections for enforcement) (Exs. DUT-NJ-003, DUT-NJ-005)

Citation: New Jersey Department of Health (State Sanitary Code, Chapter 57, Communicable Diseases), N.J.A.C. 8:57-1.11, Isolation and quarantine for communicable disease (standing) (Ex. DUT-NJ-012) Open the exhibit

Ex. DUT-NJ-013

JWC Fitness, LLC v. Murphy, No. A-0639-20 (N.J. Super. Ct. App. Div. Oct. 18, 2021) (approved for publication)

JWC Fitness, LLC v. Philip D. Murphy, Governor of New Jersey, et al.: no statutory or constitutional compensation for the closure and capacity limits imposed on a gym by EOs 104, 107 and successors

Superior Court of New Jersey, Appellate Division (published opinion, Docket No. A-0639-20; on appeal from the Law Division, Sussex County, L-0388-20), New Jersey (Court)

Dates: Standing (2021-10-18 (decided; approved for publication))
Limitations: Emergency declarationBusiness closureCapacity limitOther
Character: adjudication
Grade: Primary source read

anyone who is found to have violated any order, rule, or regulation adopted by the Governor pursuant to the Disaster Control Act shall be adjudged a disorderly person and be subject to fine or imprisonment. N.J.S.A. App. A:9-49(h) and (i).... the Governor intended to exercise his authority to regulate the operations of specified categories of businesses under N.J.S.A. App. A:9-40 and 9-45.

Enforcement: States the App. A:9-49 disorderly-persons penalty (fine or imprisonment) for violation of any gubernatorial order

Citation: Superior Court of New Jersey, Appellate Division (published opinion, Docket No. A-0639-20; on appeal from the Law Division, Sussex County, L-0388-20), JWC Fitness, LLC v. Murphy, No. A-0639-20 (N.J. Super. Ct. App. Div. Oct. 18, 2021) (approved for publication) (Ex. DUT-NJ-013) Open the exhibit

Ex. DUT-NJ-014

N.J.A.C. 12:70-1.1 to -1.8, Prohibited COVID-19 Related Employment Discrimination (12:70-1.1 Purpose and scope; 12:70-1.3 Reinstatement)

N.J.A.C. Title 12, Chapter 70, Prohibited COVID-19 Related Employment Discrimination

New Jersey Department of Labor and Workforce Development, Commissioner Robert Asaro-Angelo (adopted rule, 52 N.J.R. 1673(b)), New Jersey (State)

Dates: Standing (2020-08-10; the underlying statute, P.L. 2020, c. 9, took effect Mar. 20, 2020)
Quarters: 2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesQuarantine and isolationStanding duty
Character: covid workplace rule
Grade: Primary source read

P.L. 2020, c. 9... prohibits an employer from terminating or otherwise penalizing an employee, if the employee requests or takes time off from work based on the written or electronically transmitted recommendation of a medical professional licensed in New Jersey... because the employee has, or is likely to have, an infectious disease that may infect others at the employee's workplace.

Enforcement: Remedies under P.L. 2020, c. 9 (reinstatement; the statute's fine for each violation) enforced by the Commissioner of Labor; the rule's own enforcement sections (12:70-1.4 to -1.8) were not read

Citation: New Jersey Department of Labor and Workforce Development, Commissioner Robert Asaro-Angelo (adopted rule, 52 N.J.R. 1673(b)), N.J.A.C. 12:70-1.1 to -1.8, Prohibited COVID-19 Related Employment Discrimination (12:70-1.1 Purpose and scope; 12:70-1.3 Reinstatement) (Aug. 10, 2020) (Ex. DUT-NJ-014) Open the exhibit

Ex. DUT-NJ-015

Attorney General press release, 'AG Grewal Announces Charges Seeking to Suspend Liquor Licenses of 12 Bars and Restaurants Accused of Violating Gov. Murphy's COVID-19 Executive Orders' (Dec. 30, 2020)

Charges seeking suspension of the liquor licenses of twelve bars and restaurants for violating the COVID-19 executive orders

Office of the Attorney General, Gurbir S. Grewal, Attorney General; Division of Alcoholic Beverage Control, James B. Graziano, Director, New Jersey (State)

Dates: Standing (2020-12-30 (charges issued; each licensee faced a minimum 10-day suspension))
Quarters: 2020 Q4
Limitations: Capacity limitFace-covering requirementCurfew and hoursAlcohol and barsWorkplace rules
Character: enforcement record
Grade: Primary source read

violations of EO 194 and/or prior executive orders requiring establishments to limit the number of patrons allowed in indoor areas to 25 percent of the establishment's indoor capacity; enforce face covering requirements for patrons and employees;... maintain a six-foot minimum distance between dining tables;... and enforce social distancing among employees and patrons.

Enforcement: Liquor license suspension, minimum 10 days per licensee (25-day and 20-day suspensions sought against named licensees)

Citation: Office of the Attorney General, Gurbir S. Grewal, Attorney General; Division of Alcoholic Beverage Control, James B. Graziano, Director, Attorney General press release, 'AG Grewal Announces Charges Seeking to Suspend Liquor Licenses of 12 Bars and Restaurants Accused of Violating Gov. Murphy's COVID-19 Executive Orders' (Dec. 30, 2020) (Ex. DUT-NJ-015) Open the exhibit

Ex. DUT-NJ-016

N.J.S.A. 26:3-46, Abatement of nuisances (with 26:3-31 ordinance powers, 26:3-45 power to define nuisance, 26:3-64 rule-making, 26:3-70 penalty up to $500)

Abatement of nuisances

New Jersey Legislature (R.S. 1937), New Jersey (State)

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

The local board, within its jurisdiction, shall examine into and prohibit any nuisance,... and all causes of disease which may be known to the board or brought to its attention, which, in its opinion, are injurious to the health of the inhabitants therein, and shall cause the same to be removed and abated at the expense of the owner.

Enforcement: Abatement at the owner's expense (26:3-46); ordinance penalties of $5 to $500 per violation (26:3-70)

Citation: New Jersey Legislature (R.S. 1937), N.J.S.A. 26:3-46, Abatement of nuisances (with 26:3-31 ordinance powers, 26:3-45 power to define nuisance, 26:3-64 rule-making, 26:3-70 penalty up to $500) (standing) (Ex. DUT-NJ-016) Open the exhibit

Ex. DUT-NJ-017

N.J.A.C. 8:24-8.8, Closure for infection (corrective orders, closure and exclusion of infected employees from retail food establishments)

Closure for infection

New Jersey Department of Health (State Sanitary Code, Chapter 24, Subchapter 8, Enforcement Provisions), New Jersey (State)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Business closureWorkplace rulesQuarantine and isolationStanding duty
Character: sanitary code duty
Grade: Primary source read

When the Department or health authority has reason to suspect that any retail food establishment is or may be a source of foodborne infection, it shall... order appropriate action to be taken which will eliminate the source of infection.... the Department or health authority may cause an order to be issued requiring the establishment to be closed in order to protect the public health.

Enforcement: Closure order (hearing within 15 days while the order remains in effect); exclusion of employees; N.J.S.A. 26:1A-10 penalties (Ex. DUT-NJ-005)

Citation: New Jersey Department of Health (State Sanitary Code, Chapter 24, Subchapter 8, Enforcement Provisions), N.J.A.C. 8:24-8.8, Closure for infection (corrective orders, closure and exclusion of infected employees from retail food establishments) (standing) (Ex. DUT-NJ-017) Open the exhibit

Ex. DUT-NJ-018

Attorney General press release, 'AG Grewal and Division of Alcoholic Beverage Control Announce Charges Seeking to Suspend Liquor Licenses of 10 Bars and Restaurants Accused of Numerous Violations of Gov. Murphy's Executive Order 194' (Dec. 11, 2020)

First enforcement actions of the statewide ABC compliance campaign under Executive Order No. 194

Office of the Attorney General, Gurbir S. Grewal, Attorney General; Division of Alcoholic Beverage Control, James Graziano, Acting Director, New Jersey (State)

Dates: Standing (2020-12-11 (charges issued; minimum 10-day suspension for each licensee))
Quarters: 2020 Q4
Limitations: Capacity limitFace-covering requirementCurfew and hoursAlcohol and barsWorkplace rules
Character: enforcement record
Grade: Primary source read

Since EO 194 took effect on November 12, 2020, teams of investigators from ABC, the Division of Criminal Justice, and local law enforcement agencies have been carrying out inspection sweeps of bars and restaurants statewide to enforce compliance... Those who flout curfews, seating restrictions, face covering mandates, and other mitigation measures will face consequences.

Enforcement: Liquor license suspension, minimum 10 days per licensee

Citation: Office of the Attorney General, Gurbir S. Grewal, Attorney General; Division of Alcoholic Beverage Control, James Graziano, Acting Director, Attorney General press release, 'AG Grewal and Division of Alcoholic Beverage Control Announce Charges Seeking to Suspend Liquor Licenses of 10 Bars and Restaurants Accused of Numerous Violations of Gov. Murphy's Executive Order 194' (Dec. 11, 2020) (Ex. DUT-NJ-018) 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 New Jersey 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 255 instruments in force for this selection: 29 instruments from the State of New Jersey (Governor Philip D. Murphy, Executive Order No. 150 (2020) (June 3, 2020) (Ex. NJ-020); Governor Philip D. Murphy, Executive Order No. 242 (2021) (May 24, 2021) (Ex. NJ-050); Governor Philip D. Murphy, Executive Order No. 149 (2020) (May 29, 2020) (Ex. NJ-019); and 26 more), 17 instruments from the agencies, boards and authorities of New Jersey (Judith Persichilli, Commissioner of Health, Executive Directive No. 21-007 (original, June 14, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-059); New Jersey Division of Alcoholic Beverage Control (Director), AO 2021-01 Administrative Order Extending Certain COVID-19 Expansion Permits (Mar. 19, 2021) (Ex. AGY-ST-ALCOHOL-041); Judith Persichilli, Commissioner of Health, Executive Directive No. 21-006 (June 15, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-060); and 14 more), 167 federal instruments (Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290); U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398); Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031); and 164 more) and 42 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 40 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: IC infection control (Ex. AGY-ST-HEALTH-SUBORDERS-060); HR staffing (Ex. AGY-ST-HEALTH-SUBORDERS-059); WF workforce (Ex. NJ-019); OF reporting (Ex. NJ-083); PM property management (Ex. NJ-003); CB (Ex. AGY-ST-DMV-SOS-RECORDERS-087); CB tenants and borrowers (Ex. NJ-003); CL closings on foreclosed property (Ex. NJ-003); DX diagnostics (Ex. AGY-ST-HEALTH-SUBORDERS-030); HR credentialing (Ex. AGY-ST-HEALTH-SUBORDERS-024).

Step three, the change compelled. Governor Philip D. Murphy, Executive Order No. 150 (2020) (June 3, 2020) (Ex. NJ-020) ordered: "Para. 1: "Effective at 6:00 a.m. on Monday, June 15, 2020, restaurants, cafeterias, dining establishments, and food courts, with or without a liquor license, bars, and all other holders of a liquor license with retail consumption privileges, collectively referred to as 'food or beverage…" Enforcement: Para. 10: N.J.S.A. App. A:9-49 and -50; DOH standards (ED 20-014, NJ-069) incorporated by para. 3 Governor Philip D. Murphy, Executive Order No. 242 (2021) (May 24, 2021) (Ex. NJ-050) ordered: "Para. 1: "Effective Friday, May 28, 2021, individuals in indoor public spaces are not required to wear masks, regardless of their ability to maintain six feet of distance from other individuals or groups... Employers and entities overseeing public spaces... are permitted to impose stricter…" Enforcement: Para. 21: N.J.S.A. App. A:9-49 and -50 Judith Persichilli, Commissioner of Health, Executive Directive No. 21-007 (original, June 14, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-059) ordered: "hereby order and direct the following: [facilities that] reopen shall comply with the protocols set forth below. Prior to reopening, the facility shall file with the Department an attestation of compliance with these guidelines. A facility must submit [the attestation before serving participants]...…" Enforcement: N.J.S.A. 26:13-19; N.J.A.C. 8:43F licensure 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. Executive Order No. 150 (2020) (Ex. NJ-020) was in force from June 3, 2020 to Jan. 1, 2022, 92 of the quarter's 92 days; Executive Order No. 242 (2021) (Ex. NJ-050) was in force from May 28, 2021 to Jan. 1, 2022, 92 of the quarter's 92 days; Executive Directive No. 21-007 (original, June 14, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-059) was in force from June 14, 2021 to Jan. 11, 2022, 92 of the quarter's 92 days. Of the 46 instruments in the quarter's record, 37 were in force on its first day, 42 on its last day and 34 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: 233 records, of which The COVID Project holds the document for 231. The record URL opens the instrument's page in the Library; the exhibit URL opens the document itself where it is held.

Exhibit	Instrument	Issuer	Date	Citation	Record URL	Exhibit file
Ex. AGY-ST-ALCOHOL-031	AN 2021-04 Amended Advisory Notice to the Industry Regarding Back-Ordered Products and Their Impact on RIPs, Credit and Delivery	New Jersey Division of Alcoholic Beverage Control	Mar. 15, 2021	New Jersey Division of Alcoholic Beverage Control, AN 2021-04 Amended Advisory Notice to the Industry Regarding Back-Ordered Products and Their Impact on RIPs, Credit and Delivery (Mar. 15, 2021) (Ex. AGY-ST-ALCOHOL-031)	/library/AGY-ST-ALCOHOL-031	/exhibit/AGY-ST-ALCOHOL-031
Ex. AGY-ST-ALCOHOL-041	AO 2021-01 Administrative Order Extending Certain COVID-19 Expansion Permits	New Jersey Division of Alcoholic Beverage Control (Director)	Mar. 19, 2021	New Jersey Division of Alcoholic Beverage Control (Director), AO 2021-01 Administrative Order Extending Certain COVID-19 Expansion Permits (Mar. 19, 2021) (Ex. AGY-ST-ALCOHOL-041)	/library/AGY-ST-ALCOHOL-041	/exhibit/AGY-ST-ALCOHOL-041
Ex. AGY-ST-DMV-SOS-RECORDERS-038	P.L. 2020, Chapter 26 (Assembly Bill No. 3903)	New Jersey Senate and General Assembly; approved by Governor Philip D. Murphy	Apr. 14, 2020	New Jersey Senate and General Assembly; approved by Governor Philip D. Murphy, P.L. 2020, Chapter 26 (Assembly Bill No. 3903) (Apr. 14, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-038)	/library/AGY-ST-DMV-SOS-RECORDERS-038	/exhibit/AGY-ST-DMV-SOS-RECORDERS-038
Ex. AGY-ST-DMV-SOS-RECORDERS-087	P.L. 2020, Chapter 10 (Assembly Bill No. 3849)	New Jersey Senate and General Assembly; approved by Governor Philip D. Murphy	Mar. 20, 2020	New Jersey Senate and General Assembly; approved by Governor Philip D. Murphy, P.L. 2020, Chapter 10 (Assembly Bill No. 3849) (Mar. 20, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-087)	/library/AGY-ST-DMV-SOS-RECORDERS-087	/exhibit/AGY-ST-DMV-SOS-RECORDERS-087
Ex. AGY-ST-HEALTH-SUBORDERS-020	Executive Directive No. 20-037 (Revised)	Judith M. Persichilli, Commissioner of Health	May 24, 2021	Judith M. Persichilli, Commissioner of Health, Executive Directive No. 20-037 (Revised) (May 24, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-020)	/library/AGY-ST-HEALTH-SUBORDERS-020	/exhibit/AGY-ST-HEALTH-SUBORDERS-020
Ex. AGY-ST-HEALTH-SUBORDERS-024	Executive Directive No. 21-002	Judith M. Persichilli, Commissioner of Health	Feb. 27, 2021	Judith M. Persichilli, Commissioner of Health, Executive Directive No. 21-002 (Feb. 27, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-024)	/library/AGY-ST-HEALTH-SUBORDERS-024	/exhibit/AGY-ST-HEALTH-SUBORDERS-024
Ex. AGY-ST-HEALTH-SUBORDERS-030	Executive Directive No. 20-012	Judith Persichilli, Commissioner of Health	May 12, 2020	Judith Persichilli, Commissioner of Health, Executive Directive No. 20-012 (May 12, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-030)	/library/AGY-ST-HEALTH-SUBORDERS-030	/exhibit/AGY-ST-HEALTH-SUBORDERS-030
Ex. AGY-ST-HEALTH-SUBORDERS-033	Executive Directive No. 20-018 (Revised June 16, 2021)	Judith Persichilli, Commissioner of Health	June 16, 2021	Judith Persichilli, Commissioner of Health, Executive Directive No. 20-018 (Revised June 16, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-033)	/library/AGY-ST-HEALTH-SUBORDERS-033	/exhibit/AGY-ST-HEALTH-SUBORDERS-033
Ex. AGY-ST-HEALTH-SUBORDERS-034	Executive Directive No. 20-016 (Revised June 16, 2021)	Judith Persichilli, Commissioner of Health	June 16, 2021	Judith Persichilli, Commissioner of Health, Executive Directive No. 20-016 (Revised June 16, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-034)	/library/AGY-ST-HEALTH-SUBORDERS-034	/exhibit/AGY-ST-HEALTH-SUBORDERS-034
Ex. AGY-ST-HEALTH-SUBORDERS-038	COVID-19 Protocols for Tanning Facilities and Body Art Establishments (July 4, 2021)	New Jersey Department of Health	July 4, 2021	New Jersey Department of Health, COVID-19 Protocols for Tanning Facilities and Body Art Establishments (July 4, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-038)	/library/AGY-ST-HEALTH-SUBORDERS-038	/exhibit/AGY-ST-HEALTH-SUBORDERS-038
Ex. AGY-ST-HEALTH-SUBORDERS-039	New Jersey COVID-19 Pools and Aquatic Recreation Facility Standards (July 4, 2021)	New Jersey Department of Health	July 4, 2021	New Jersey Department of Health, New Jersey COVID-19 Pools and Aquatic Recreation Facility Standards (July 4, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-039)	/library/AGY-ST-HEALTH-SUBORDERS-039	/exhibit/AGY-ST-HEALTH-SUBORDERS-039
Ex. AGY-ST-HEALTH-SUBORDERS-059	Executive Directive No. 21-007 (original, June 14, 2021)	Judith Persichilli, Commissioner of Health	June 14, 2021	Judith Persichilli, Commissioner of Health, Executive Directive No. 21-007 (original, June 14, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-059)	/library/AGY-ST-HEALTH-SUBORDERS-059	/exhibit/AGY-ST-HEALTH-SUBORDERS-059
Ex. AGY-ST-HEALTH-SUBORDERS-060	Executive Directive No. 21-006	Judith Persichilli, Commissioner of Health	June 15, 2021	Judith Persichilli, Commissioner of Health, Executive Directive No. 21-006 (June 15, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-060)	/library/AGY-ST-HEALTH-SUBORDERS-060	/exhibit/AGY-ST-HEALTH-SUBORDERS-060
Ex. AGY-ST-HEALTH-SUBORDERS-061	Standing Order for COVID-19 Testing	New Jersey Department of Health (Commissioner of Health)	May 12, 2020	New Jersey Department of Health (Commissioner of Health), Standing Order for COVID-19 Testing (May 12, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-061)	/library/AGY-ST-HEALTH-SUBORDERS-061	/exhibit/AGY-ST-HEALTH-SUBORDERS-061
Ex. AGY-ST-LABOR-WORKPLACE-005	P.L. 2020, c. 9 (Assembly Bill 3848)	New Jersey Legislature; approved by Governor Murphy Mar. 20, 2020	Mar. 20, 2020	New Jersey Legislature; approved by Governor Murphy Mar. 20, 2020, P.L. 2020, c. 9 (Assembly Bill 3848) (Mar. 20, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-005)	/library/AGY-ST-LABOR-WORKPLACE-005	/exhibit/AGY-ST-LABOR-WORKPLACE-005
Ex. AGY-ST-LABOR-WORKPLACE-006	P.L. 2020, c. 17 (Senate Bill 2304)	New Jersey Legislature; approved by Governor Murphy Mar. 25, 2020	Mar. 25, 2020	New Jersey Legislature; approved by Governor Murphy Mar. 25, 2020, P.L. 2020, c. 17 (Senate Bill 2304) (Mar. 25, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-006)	/library/AGY-ST-LABOR-WORKPLACE-006	/exhibit/AGY-ST-LABOR-WORKPLACE-006
Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-015	NJ TRANSIT press release, July 30, 2020: cash fares and front-door boarding resume Aug. 3, 2020 on buses with operator barriers; cash fares and front-door…	New Jersey Transit Corporation (NJ TRANSIT)	July 30, 2020	New Jersey Transit Corporation (NJ TRANSIT), NJ TRANSIT press release, July 30, 2020: cash fares and front-door boarding resume Aug. 3, 2020 on buses with operator barriers; cash fares and front-door boarding 'remain temporarily suspended' on buses without barriers; face coverings required under EO 165 on all vehicles and in all stations and facilities and on outdoor platforms and stops where distancing is not practicable; 'Your Ride to Recovery' guidelines; employers asked to keep employees working from home or stagger hours (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-015)	/library/AGY-ST-TRANSPORT-PORTS-TRANSIT-015	/exhibit/AGY-ST-TRANSPORT-PORTS-TRANSIT-015
Ex. DUT-CT-009	29 U.S.C. § 654 (duties of employers and employees; the general duty clause)	Congress (Occupational Safety and Health Act of 1970, § 5)	standing	Congress (Occupational Safety and Health Act of 1970, § 5), 29 U.S.C. § 654 (duties of employers and employees; the general duty clause) (standing) (Ex. DUT-CT-009)	/library/DUT-CT-009	/exhibit/DUT-CT-009
Ex. DUT-FED-001	29 U.S.C. 654 (OSH Act § 5, the general duty clause)	Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593)	standing	Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001)	/library/DUT-FED-001	/exhibit/DUT-FED-001
Ex. DUT-FED-002	29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation)	Congress (OSH Act § 11(c))	standing	Congress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002)	/library/DUT-FED-002	/exhibit/DUT-FED-002
Ex. DUT-FED-003	29 C.F.R. 1910.132 (personal protective equipment, general requirements)	Occupational Safety and Health Administration (standard promulgated under 29 U.S.C. 655)	standing	Occupational Safety and Health Administration (standard promulgated under 29 U.S.C. 655), 29 C.F.R. 1910.132 (personal protective equipment, general requirements) (standing) (Ex. DUT-FED-003)	/library/DUT-FED-003	/exhibit/DUT-FED-003
Ex. DUT-FED-004	29 C.F.R. 1910.134 (respiratory protection)	Occupational Safety and Health Administration	standing	Occupational Safety and Health Administration, 29 C.F.R. 1910.134 (respiratory protection) (standing) (Ex. DUT-FED-004)	/library/DUT-FED-004	/exhibit/DUT-FED-004
Ex. DUT-FED-005	29 C.F.R. 1910.141 (sanitation)	Occupational Safety and Health Administration	standing	Occupational Safety and Health Administration, 29 C.F.R. 1910.141 (sanitation) (standing) (Ex. DUT-FED-005)	/library/DUT-FED-005	/exhibit/DUT-FED-005
Ex. DUT-FED-006	29 C.F.R. part 1904 (recording and reporting occupational injuries and illnesses), §§ 1904.4, 1904.5, 1904.7, 1904.39	Occupational Safety and Health Administration	standing	Occupational Safety and Health Administration, 29 C.F.R. part 1904 (recording and reporting occupational injuries and illnesses), §§ 1904.4, 1904.5, 1904.7, 1904.39 (standing) (Ex. DUT-FED-006)	/library/DUT-FED-006	/exhibit/DUT-FED-006
Ex. DUT-FED-007	29 C.F.R. 1910.1030 (bloodborne pathogens)	Occupational Safety and Health Administration	standing	Occupational Safety and Health Administration, 29 C.F.R. 1910.1030 (bloodborne pathogens) (standing) (Ex. DUT-FED-007)	/library/DUT-FED-007	/exhibit/DUT-FED-007
Ex. DUT-FED-008	29 C.F.R. part 1977 (discrimination against employees exercising rights under the OSH Act), § 1977.12(b)(2)	Occupational Safety and Health Administration (interpretive regulations under OSH Act § 11(c))	standing	Occupational Safety and Health Administration (interpretive regulations under OSH Act § 11(c)), 29 C.F.R. part 1977 (discrimination against employees exercising rights under the OSH Act), § 1977.12(b)(2) (standing) (Ex. DUT-FED-008)	/library/DUT-FED-008	/exhibit/DUT-FED-008
Ex. DUT-FED-009	OSHA COVID-19 'Standards' page (statement of the general duty clause and the standing standards applicable to SARS-CoV-2)	Occupational Safety and Health Administration (agency web publication, COVID-19 Safety and Health Topics, 'Standards')	standing	Occupational Safety and Health Administration (agency web publication, COVID-19 Safety and Health Topics, 'Standards'), OSHA COVID-19 'Standards' page (statement of the general duty clause and the standing standards applicable to SARS-CoV-2) (standing) (Ex. DUT-FED-009)	/library/DUT-FED-009	/exhibit/DUT-FED-009
Ex. DUT-FED-010	Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (posted Jan. 29, 2021)	Occupational Safety and Health Administration (issued under Executive Order 13999 § 2(a))	standing	Occupational Safety and Health Administration (issued under Executive Order 13999 § 2(a)), Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (posted Jan. 29, 2021) (Ex. DUT-FED-010)	/library/DUT-FED-010	/exhibit/DUT-FED-010
Ex. DUT-FED-011	Protecting Workers guidance, as updated August 13, 2021	Occupational Safety and Health Administration	standing	Occupational Safety and Health Administration, Protecting Workers guidance, as updated August 13, 2021 (Aug. 13, 2021) (Ex. DUT-FED-011)	/library/DUT-FED-011	/exhibit/DUT-FED-011
Ex. DUT-FED-013	Guidance on Returning to Work (OSHA 4045, June 2020)	Occupational Safety and Health Administration	standing	Occupational Safety and Health Administration, Guidance on Returning to Work (OSHA 4045, June 2020) (June 17, 2020) (Ex. DUT-FED-013)	/library/DUT-FED-013	/exhibit/DUT-FED-013
Ex. DUT-FED-015	Citation and Notification of Penalty, Smithfield Packaged Meats Corp., Sioux Falls, SD (general duty clause, one serious violation)	OSHA, Sioux Falls Area Office (enforcement record: inspection detail, Inspection No. 1472736)	standing	OSHA, Sioux Falls Area Office (enforcement record: inspection detail, Inspection No. 1472736), Citation and Notification of Penalty, Smithfield Packaged Meats Corp., Sioux Falls, SD (general duty clause, one serious violation) (Sept. 9, 2020) (Ex. DUT-FED-015)	/library/DUT-FED-015	/exhibit/DUT-FED-015
Ex. DUT-FED-016	Citation and Notification of Penalty, JBS Foods Inc. (Swift Beef Co.), Greeley, CO (general duty clause, serious; plus other-than-serious)	OSHA, Denver Area Office (Inspection No. 1475131)	standing	OSHA, Denver Area Office (Inspection No. 1475131), Citation and Notification of Penalty, JBS Foods Inc. (Swift Beef Co.), Greeley, CO (general duty clause, serious; plus other-than-serious) (Sept. 11, 2020) (Ex. DUT-FED-016)	/library/DUT-FED-016	/exhibit/DUT-FED-016
Ex. DUT-FED-017	Citation, Midwest Warehouse and Distribution System Inc., Naperville, IL (general duty clause)	OSHA, Naperville/Chicago North Area Office (Inspection No. 1501560)	standing	OSHA, Naperville/Chicago North Area Office (Inspection No. 1501560), Citation, Midwest Warehouse and Distribution System Inc., Naperville, IL (general duty clause) (Apr. 22, 2021) (Ex. DUT-FED-017)	/library/DUT-FED-017	/exhibit/DUT-FED-017
Ex. DUT-FED-018	Citation, Somerset Dental Group, Glastonbury, CT (respiratory protection)	OSHA, Hartford Area Office (Inspection No. 1505094)	standing	OSHA, Hartford Area Office (Inspection No. 1505094), Citation, Somerset Dental Group, Glastonbury, CT (respiratory protection) (Apr. 15, 2021) (Ex. DUT-FED-018)	/library/DUT-FED-018	/exhibit/DUT-FED-018
Ex. DUT-FED-019	Citation, Wintonbury Care Center, Bloomfield, CT (respiratory protection; reporting)	OSHA, Hartford Area Office (Inspection No. 1472908)	standing	OSHA, Hartford Area Office (Inspection No. 1472908), Citation, Wintonbury Care Center, Bloomfield, CT (respiratory protection; reporting) (Oct. 9, 2020) (Ex. DUT-FED-019)	/library/DUT-FED-019	/exhibit/DUT-FED-019
Ex. DUT-FED-020	Common COVID-19 Citations: Helping Employers Better Protect Workers and Comply with OSHA Regulations (Nov. 2020)	Occupational Safety and Health Administration	standing	Occupational Safety and Health Administration, Common COVID-19 Citations: Helping Employers Better Protect Workers and Comply with OSHA Regulations (Nov. 2020) (standing) (Ex. DUT-FED-020)	/library/DUT-FED-020	/exhibit/DUT-FED-020
Ex. DUT-FED-021	Citation, Hackensack Meridian Health Jersey Shore University Medical Center, Neptune, NJ (respiratory protection; recordkeeping)	OSHA, Avenel Area Office (Inspection No. 1480762)	standing	OSHA, Avenel Area Office (Inspection No. 1480762), Citation, Hackensack Meridian Health Jersey Shore University Medical Center, Neptune, NJ (respiratory protection; recordkeeping) (Dec. 8, 2020) (Ex. DUT-FED-021)	/library/DUT-FED-021	/exhibit/DUT-FED-021
Ex. DUT-FED-022	Citation, United States Postal Service, Washington, DC (general duty clause)	OSHA, Baltimore/Washington Area Office (Inspection No. 1522210)	standing	OSHA, Baltimore/Washington Area Office (Inspection No. 1522210), Citation, United States Postal Service, Washington, DC (general duty clause) (Apr. 20, 2021) (Ex. DUT-FED-022)	/library/DUT-FED-022	/exhibit/DUT-FED-022
Ex. DUT-FED-023	42 C.F.R. 483.80 (infection control; COVID-19 reporting; COVID-19 testing)	Centers for Medicare & Medicaid Services (condition of participation for long-term care facilities)	standing	Centers for Medicare & Medicaid Services (condition of participation for long-term care facilities), 42 C.F.R. 483.80 (infection control; COVID-19 reporting; COVID-19 testing) (standing) (Ex. DUT-FED-023)	/library/DUT-FED-023	/exhibit/DUT-FED-023
Ex. DUT-FED-024	42 C.F.R. 482.42 (hospital infection prevention and control and antibiotic stewardship programs; COVID-19 reporting)	Centers for Medicare & Medicaid Services (hospital condition of participation)	standing	Centers for Medicare & Medicaid Services (hospital condition of participation), 42 C.F.R. 482.42 (hospital infection prevention and control and antibiotic stewardship programs; COVID-19 reporting) (standing) (Ex. DUT-FED-024)	/library/DUT-FED-024	/exhibit/DUT-FED-024
Ex. DUT-FED-025	42 U.S.C. 247d-6d (PREP Act targeted liability protections)	Congress (Public Readiness and Emergency Preparedness Act, Pub. L. 109-148, div. C, § 2 (2005), as amended by the CARES Act § 3103)	standing	Congress (Public Readiness and Emergency Preparedness Act, Pub. L. 109-148, div. C, § 2 (2005), as amended by the CARES Act § 3103), 42 U.S.C. 247d-6d (PREP Act targeted liability protections) (standing) (Ex. DUT-FED-025)	/library/DUT-FED-025	/exhibit/DUT-FED-025
Ex. DUT-FED-026	Advisory Opinion 20-04 on the Public Readiness and Emergency Preparedness Act and the Secretary's Declaration under the Act (Oct. 22, 2020, as modified Oct. 23…	Department of Health and Human Services, Office of the General Counsel (Robert P. Charrow, General Counsel)	standing	Department of Health and Human Services, Office of the General Counsel (Robert P. Charrow, General Counsel), Advisory Opinion 20-04 on the Public Readiness and Emergency Preparedness Act and the Secretary's Declaration under the Act (Oct. 22, 2020, as modified Oct. 23, 2020) (standing) (Ex. DUT-FED-026)	/library/DUT-FED-026	/exhibit/DUT-FED-026
Ex. DUT-FED-027	Fourth Amendment to the Declaration Under the PREP Act for Medical Countermeasures Against COVID-19 and Republication of the Declaration, 85 Fed. Reg. 79190	Secretary of Health and Human Services (Alex M. Azar II)	standing	Secretary of Health and Human Services (Alex M. Azar II), Fourth Amendment to the Declaration Under the PREP Act for Medical Countermeasures Against COVID-19 and Republication of the Declaration, 85 Fed. Reg. 79190 (Dec. 3, 2020) (Ex. DUT-FED-027)	/library/DUT-FED-027	/exhibit/DUT-FED-027
Ex. DUT-FED-029	Safety Alert for Operators (SAFO) 20009, COVID-19: Updated Interim Occupational Health and Safety Guidance for Air Carriers and Crews	Federal Aviation Administration, Flight Standards Service (with the CDC)	standing	Federal Aviation Administration, Flight Standards Service (with the CDC), Safety Alert for Operators (SAFO) 20009, COVID-19: Updated Interim Occupational Health and Safety Guidance for Air Carriers and Crews (Apr. 17, 2020) (Ex. DUT-FED-029)	/library/DUT-FED-029	/exhibit/DUT-FED-029
Ex. DUT-FED-030	What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (technical assistance Q&A, as updated Sept. 8, 2020)	Equal Employment Opportunity Commission (technical assistance)	standing	Equal Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (technical assistance Q&A, as updated Sept. 8, 2020) (Ex. DUT-FED-030)	/library/DUT-FED-030	/exhibit/DUT-FED-030
Ex. DUT-FED-031	42 U.S.C. 12113 (ADA defenses; direct threat)	Congress (Americans with Disabilities Act § 103)	standing	Congress (Americans with Disabilities Act § 103), 42 U.S.C. 12113 (ADA defenses; direct threat) (standing) (Ex. DUT-FED-031)	/library/DUT-FED-031	/exhibit/DUT-FED-031
Ex. DUT-FED-032	29 C.F.R. 1630.2(r) (definition of direct threat)	Equal Employment Opportunity Commission (regulation)	standing	Equal Employment Opportunity Commission (regulation), 29 C.F.R. 1630.2(r) (definition of direct threat) (standing) (Ex. DUT-FED-032)	/library/DUT-FED-032	/exhibit/DUT-FED-032
Ex. DUT-FED-033	29 C.F.R. 1630.15 (defenses; direct threat as a qualification standard)	Equal Employment Opportunity Commission (regulation)	standing	Equal Employment Opportunity Commission (regulation), 29 C.F.R. 1630.15 (defenses; direct threat as a qualification standard) (standing) (Ex. DUT-FED-033)	/library/DUT-FED-033	/exhibit/DUT-FED-033
Ex. DUT-FED-034	Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19) (as revised March 21, 2020)	Centers for Disease Control and Prevention	standing	Centers for Disease Control and Prevention, Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19) (as revised March 21, 2020) (Mar. 21, 2020) (Ex. DUT-FED-034)	/library/DUT-FED-034	/exhibit/DUT-FED-034
Ex. DUT-FED-035	Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020 (as revised May 6, 2020)	Centers for Disease Control and Prevention	standing	Centers for Disease Control and Prevention, Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020 (as revised May 6, 2020) (Ex. DUT-FED-035)	/library/DUT-FED-035	/exhibit/DUT-FED-035
Ex. DUT-FED-037	Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Relating to COVID-19), March 18, 2020	Federal Motor Carrier Safety Administration (Jim Mullen, Acting Administrator)	standing	Federal Motor Carrier Safety Administration (Jim Mullen, Acting Administrator), Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Relating to COVID-19), March 18, 2020 (Mar. 18, 2020) (Ex. DUT-FED-037)	/library/DUT-FED-037	/exhibit/DUT-FED-037
Ex. DUT-FED-060	Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the Coronavirus Disease 2019 (COVID-19) Pandemic (updated July 15…	Centers for Disease Control and Prevention	standing	Centers for Disease Control and Prevention, Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the Coronavirus Disease 2019 (COVID-19) Pandemic (updated July 15, 2020) (Ex. DUT-FED-060)	/library/DUT-FED-060	/exhibit/DUT-FED-060
Ex. DUT-FED-061	Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and the Occupational Safety and Health Administration (OSHA) (Apr. 26, 2020)	Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint)	standing	Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint), Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and the Occupational Safety and Health Administration (OSHA) (Apr. 26, 2020) (Ex. DUT-FED-061)	/library/DUT-FED-061	/exhibit/DUT-FED-061
Ex. DUT-FED-062	Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA (updated July 9, 2020)	Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint)	standing	Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint), Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA (updated July 9, 2020) (Ex. DUT-FED-062)	/library/DUT-FED-062	/exhibit/DUT-FED-062
Ex. DUT-FED-063	Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed…	Centers for Disease Control and Prevention	standing	Centers for Disease Control and Prevention, Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed COVID-19 (Apr. 8, 2020) (Ex. DUT-FED-063)	/library/DUT-FED-063	/exhibit/DUT-FED-063
Ex. DUT-FED-064	Considerations for Restaurants and Bars (updated May 27, 2020)	Centers for Disease Control and Prevention	standing	Centers for Disease Control and Prevention, Considerations for Restaurants and Bars (updated May 27, 2020) (Ex. DUT-FED-064)	/library/DUT-FED-064	/exhibit/DUT-FED-064
Ex. DUT-FED-065	Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Mar. 13, 2020)	Federal Motor Carrier Safety Administration	standing	Federal Motor Carrier Safety Administration, Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Mar. 13, 2020) (Ex. DUT-FED-065)	/library/DUT-FED-065	/exhibit/DUT-FED-065
Ex. DUT-FED-066	News release, U.S. Department of Labor Reminds Employers That They Cannot Retaliate Against Workers Reporting Unsafe Conditions During Coronavirus Pandemic…	Occupational Safety and Health Administration (Principal Deputy Assistant Secretary Loren Sweatt), national news release	standing	Occupational Safety and Health Administration (Principal Deputy Assistant Secretary Loren Sweatt), national news release, News release, U.S. Department of Labor Reminds Employers That They Cannot Retaliate Against Workers Reporting Unsafe Conditions During Coronavirus Pandemic (Apr. 8, 2020) (standing) (Ex. DUT-FED-066)	/library/DUT-FED-066	/exhibit/DUT-FED-066
Ex. DUT-FED-067	News release, U.S. Department of Labor's OSHA Announces $3,930,381 In Coronavirus Violations (Jan. 8, 2021)	Occupational Safety and Health Administration, national news release	standing	Occupational Safety and Health Administration, national news release, News release, U.S. Department of Labor's OSHA Announces $3,930,381 In Coronavirus Violations (Jan. 8, 2021) (Ex. DUT-FED-067)	/library/DUT-FED-067	/exhibit/DUT-FED-067
Ex. DUT-FED-069	News release, US Department of Labor cites insurance agency for exposing workers to coronavirus at Denver location where employee died with COVID-19 (Fred Loya…	Occupational Safety and Health Administration, Region 8 (Denver Area Office; Area Director Amanda Kupper)	standing	Occupational Safety and Health Administration, Region 8 (Denver Area Office; Area Director Amanda Kupper), News release, US Department of Labor cites insurance agency for exposing workers to coronavirus at Denver location where employee died with COVID-19 (Fred Loya Insurance Agency Inc.; Inspection No. 1528139; citation Oct. 1, 2021) (Oct. 7, 2021) (Ex. DUT-FED-069)	/library/DUT-FED-069	/exhibit/DUT-FED-069
Ex. DUT-FED-070	What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated Dec. 16, 2020, adding Section K on vaccinations)	Equal Employment Opportunity Commission (technical assistance)	standing	Equal Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated Dec. 16, 2020, adding Section K on vaccinations) (Ex. DUT-FED-070)	/library/DUT-FED-070	/exhibit/DUT-FED-070
Ex. DUT-FED-071	What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated May 28, 2021, revising Section K)	Equal Employment Opportunity Commission (technical assistance)	standing	Equal Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated May 28, 2021, revising Section K) (Ex. DUT-FED-071)	/library/DUT-FED-071	/exhibit/DUT-FED-071
Ex. DUT-FED-072	Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (as updated June 10, 2021)	Occupational Safety and Health Administration	standing	Occupational Safety and Health Administration, Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (as updated June 10, 2021) (Ex. DUT-FED-072)	/library/DUT-FED-072	/exhibit/DUT-FED-072
Ex. DUT-FED-073	Secretary of Labor v. Ariana Murrell-Rosario d/b/a Liberty Tax Service, OSHRC Docket No. 21-0432, Decision and Order (June 6, 2022)	Occupational Safety and Health Review Commission, Chief Administrative Law Judge Covette Rooney	standing	Occupational Safety and Health Review Commission, Chief Administrative Law Judge Covette Rooney, Secretary of Labor v. Ariana Murrell-Rosario d/b/a Liberty Tax Service, OSHRC Docket No. 21-0432, Decision and Order (June 6, 2022) (Ex. DUT-FED-073)	/library/DUT-FED-073	/exhibit/DUT-FED-073
Ex. DUT-NJ-001	P.L. 2005, c. 222 (Emergency Health Powers Act), as enacted; N.J.S.A. 26:13-1 to -31, including 26:13-3 (declaration; countermeasures), 26:13-8 (closure…	New Jersey Legislature (211th Legislature); approved by Acting Governor Richard J. Codey	standing	New Jersey Legislature (211th Legislature); approved by Acting Governor Richard J. Codey, P.L. 2005, c. 222 (Emergency Health Powers Act), as enacted; N.J.S.A. 26:13-1 to -31, including 26:13-3 (declaration; countermeasures), 26:13-8 (closure, evacuation, decontamination of facilities), 26:13-12 (measures to prevent transmission), 26:13-15 (isolation and quarantine; duty to obey), and section 31 amending R.S. 26:4-2 (standing) (Ex. DUT-NJ-001)	/library/DUT-NJ-001	/exhibit/DUT-NJ-001
Ex. DUT-NJ-002	N.J.S.A. 26:4-2, Powers of State department and local board (communicable disease control)	New Jersey Legislature (R.S. 1937; amended L.2005, c.222, s.31; L.2012, c.17, s.337)	standing	New Jersey Legislature (R.S. 1937; amended L.2005, c.222, s.31; L.2012, c.17, s.337), N.J.S.A. 26:4-2, Powers of State department and local board (communicable disease control) (standing) (Ex. DUT-NJ-002)	/library/DUT-NJ-002	/exhibit/DUT-NJ-002
Ex. DUT-NJ-003	N.J.S.A. 26:4-129, Liability to penalties in general (with 26:4-130, proceedings for recovery)	New Jersey Legislature (R.S. 1937)	standing	New Jersey Legislature (R.S. 1937), N.J.S.A. 26:4-129, Liability to penalties in general (with 26:4-130, proceedings for recovery) (standing) (Ex. DUT-NJ-003)	/library/DUT-NJ-003	/exhibit/DUT-NJ-003
Ex. DUT-NJ-004	N.J.S.A. 26:1A-9, Force and effect of Code; enforcement; local regulations	New Jersey Legislature (L.1947, c. 177, s. 9; amended L.1974, c. 150)	standing	New Jersey Legislature (L.1947, c. 177, s. 9; amended L.1974, c. 150), N.J.S.A. 26:1A-9, Force and effect of Code; enforcement; local regulations (standing) (Ex. DUT-NJ-004)	/library/DUT-NJ-004	/exhibit/DUT-NJ-004
Ex. DUT-NJ-005	N.J.S.A. 26:1A-10, Violation of State Sanitary Code, penalty	New Jersey Legislature (L.1947, c. 177, s. 10; amended L.1953, c. 26; L.1993, c. 55)	standing	New Jersey Legislature (L.1947, c. 177, s. 10; amended L.1953, c. 26; L.1993, c. 55), N.J.S.A. 26:1A-10, Violation of State Sanitary Code, penalty (standing) (Ex. DUT-NJ-005)	/library/DUT-NJ-005	/exhibit/DUT-NJ-005
Ex. DUT-NJ-006	Civilian Defense and Disaster Control Act, N.J.S.A. App. A:9-33 to -63, including A:9-34 (emergency powers), A:9-40 (duty of officials to cooperate; no rule at…	New Jersey Legislature (L.1942, c. 251, as amended); compilation published by the New Jersey Office of Emergency Management (Division of State Police, Department of Law and Public Safety)	standing	New Jersey Legislature (L.1942, c. 251, as amended); compilation published by the New Jersey Office of Emergency Management (Division of State Police, Department of Law and Public Safety), Civilian Defense and Disaster Control Act, N.J.S.A. App. A:9-33 to -63, including A:9-34 (emergency powers), A:9-40 (duty of officials to cooperate; no rule at variance), A:9-45 (orders, rules and regulations 'binding upon each and every person within this State'), A:9-49 (violations as disorderly conduct; penalty), A:9-50 (aiding or abetting), A:9-51 (extraordinary emergencies) (standing) (Ex. DUT-NJ-006)	/library/DUT-NJ-006	/exhibit/DUT-NJ-006
Ex. DUT-NJ-007	P.L. 2020, c. 18, An Act providing immunity from liability for certain claims alleging injury or death during public health emergency and state of emergency and…	New Jersey Legislature (219th Legislature, S2333/A3910); approved by Governor Philip D. Murphy	standing	New Jersey Legislature (219th Legislature, S2333/A3910); approved by Governor Philip D. Murphy, P.L. 2020, c. 18, An Act providing immunity from liability for certain claims alleging injury or death during public health emergency and state of emergency and facilitating issuance of temporary licenses and certifications (Apr. 14, 2020) (Ex. DUT-NJ-007)	/library/DUT-NJ-007	/exhibit/DUT-NJ-007
Ex. DUT-NJ-008	Assembly Bill No. 4189 (2020), introduced June 1, 2020, 'Establishes immunity for businesses against damage claims for COVID-19 exposure; excludes reckless or…	New Jersey General Assembly, 219th Legislature (sponsors Assemblymen Catalano, McGuckin and Dancer; co-sponsors Thomson, Rumpf and Gove); bill as introduced	standing	New Jersey General Assembly, 219th Legislature (sponsors Assemblymen Catalano, McGuckin and Dancer; co-sponsors Thomson, Rumpf and Gove); bill as introduced, Assembly Bill No. 4189 (2020), introduced June 1, 2020, 'Establishes immunity for businesses against damage claims for COVID-19 exposure; excludes reckless or intentional conduct' (not enacted) (Ex. DUT-NJ-008)	/library/DUT-NJ-008	/exhibit/DUT-NJ-008
Ex. DUT-NJ-009	N.J.S.A. 34:6A-3, Safe and healthful place of employment (Worker Health and Safety Act)	New Jersey Legislature (L.1965, c. 154, s. 3, eff. June 19, 1965)	standing	New Jersey Legislature (L.1965, c. 154, s. 3, eff. June 19, 1965), N.J.S.A. 34:6A-3, Safe and healthful place of employment (Worker Health and Safety Act) (standing) (Ex. DUT-NJ-009)	/library/DUT-NJ-009	/exhibit/DUT-NJ-009
Ex. DUT-NJ-010	N.J.S.A. 34:6A-33, Responsibilities of employers (PEOSHA general duty)	New Jersey Legislature (L.1983, c. 516, s. 9; amended L.1995, c. 186, s. 5)	standing	New Jersey Legislature (L.1983, c. 516, s. 9; amended L.1995, c. 186, s. 5), N.J.S.A. 34:6A-33, Responsibilities of employers (PEOSHA general duty) (standing) (Ex. DUT-NJ-010)	/library/DUT-NJ-010	/exhibit/DUT-NJ-010
Ex. DUT-NJ-011	N.J.A.C. 8:24-2.2, Employee health (exclusion and restriction of employees with communicable disease or acute respiratory infection)	New Jersey Department of Health (State Sanitary Code, Chapter 24, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines)	standing	New Jersey Department of Health (State Sanitary Code, Chapter 24, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines), N.J.A.C. 8:24-2.2, Employee health (exclusion and restriction of employees with communicable disease or acute respiratory infection) (standing) (Ex. DUT-NJ-011)	/library/DUT-NJ-011	/exhibit/DUT-NJ-011
Ex. DUT-NJ-012	N.J.A.C. 8:57-1.11, Isolation and quarantine for communicable disease	New Jersey Department of Health (State Sanitary Code, Chapter 57, Communicable Diseases)	standing	New Jersey Department of Health (State Sanitary Code, Chapter 57, Communicable Diseases), N.J.A.C. 8:57-1.11, Isolation and quarantine for communicable disease (standing) (Ex. DUT-NJ-012)	/library/DUT-NJ-012	/exhibit/DUT-NJ-012
Ex. DUT-NJ-013	JWC Fitness, LLC v. Murphy, No. A-0639-20 (N.J. Super. Ct. App. Div. Oct. 18, 2021) (approved for publication)	Superior Court of New Jersey, Appellate Division (published opinion, Docket No. A-0639-20; on appeal from the Law Division, Sussex County, L-0388-20)	standing	Superior Court of New Jersey, Appellate Division (published opinion, Docket No. A-0639-20; on appeal from the Law Division, Sussex County, L-0388-20), JWC Fitness, LLC v. Murphy, No. A-0639-20 (N.J. Super. Ct. App. Div. Oct. 18, 2021) (approved for publication) (Ex. DUT-NJ-013)	/library/DUT-NJ-013	/exhibit/DUT-NJ-013
Ex. DUT-NJ-014	N.J.A.C. 12:70-1.1 to -1.8, Prohibited COVID-19 Related Employment Discrimination (12:70-1.1 Purpose and scope; 12:70-1.3 Reinstatement)	New Jersey Department of Labor and Workforce Development, Commissioner Robert Asaro-Angelo (adopted rule, 52 N.J.R. 1673(b))	standing	New Jersey Department of Labor and Workforce Development, Commissioner Robert Asaro-Angelo (adopted rule, 52 N.J.R. 1673(b)), N.J.A.C. 12:70-1.1 to -1.8, Prohibited COVID-19 Related Employment Discrimination (12:70-1.1 Purpose and scope; 12:70-1.3 Reinstatement) (Aug. 10, 2020) (Ex. DUT-NJ-014)	/library/DUT-NJ-014	/exhibit/DUT-NJ-014
Ex. DUT-NJ-015	Attorney General press release, 'AG Grewal Announces Charges Seeking to Suspend Liquor Licenses of 12 Bars and Restaurants Accused of Violating Gov. Murphy's…	Office of the Attorney General, Gurbir S. Grewal, Attorney General; Division of Alcoholic Beverage Control, James B. Graziano, Director	standing	Office of the Attorney General, Gurbir S. Grewal, Attorney General; Division of Alcoholic Beverage Control, James B. Graziano, Director, Attorney General press release, 'AG Grewal Announces Charges Seeking to Suspend Liquor Licenses of 12 Bars and Restaurants Accused of Violating Gov. Murphy's COVID-19 Executive Orders' (Dec. 30, 2020) (Ex. DUT-NJ-015)	/library/DUT-NJ-015	/exhibit/DUT-NJ-015
Ex. DUT-NJ-016	N.J.S.A. 26:3-46, Abatement of nuisances (with 26:3-31 ordinance powers, 26:3-45 power to define nuisance, 26:3-64 rule-making, 26:3-70 penalty up to $500)	New Jersey Legislature (R.S. 1937)	standing	New Jersey Legislature (R.S. 1937), N.J.S.A. 26:3-46, Abatement of nuisances (with 26:3-31 ordinance powers, 26:3-45 power to define nuisance, 26:3-64 rule-making, 26:3-70 penalty up to $500) (standing) (Ex. DUT-NJ-016)	/library/DUT-NJ-016	/exhibit/DUT-NJ-016
Ex. DUT-NJ-017	N.J.A.C. 8:24-8.8, Closure for infection (corrective orders, closure and exclusion of infected employees from retail food establishments)	New Jersey Department of Health (State Sanitary Code, Chapter 24, Subchapter 8, Enforcement Provisions)	standing	New Jersey Department of Health (State Sanitary Code, Chapter 24, Subchapter 8, Enforcement Provisions), N.J.A.C. 8:24-8.8, Closure for infection (corrective orders, closure and exclusion of infected employees from retail food establishments) (standing) (Ex. DUT-NJ-017)	/library/DUT-NJ-017	/exhibit/DUT-NJ-017
Ex. DUT-NJ-018	Attorney General press release, 'AG Grewal and Division of Alcoholic Beverage Control Announce Charges Seeking to Suspend Liquor Licenses of 10 Bars and…	Office of the Attorney General, Gurbir S. Grewal, Attorney General; Division of Alcoholic Beverage Control, James Graziano, Acting Director	standing	Office of the Attorney General, Gurbir S. Grewal, Attorney General; Division of Alcoholic Beverage Control, James Graziano, Acting Director, Attorney General press release, 'AG Grewal and Division of Alcoholic Beverage Control Announce Charges Seeking to Suspend Liquor Licenses of 10 Bars and Restaurants Accused of Numerous Violations of Gov. Murphy's Executive Order 194' (Dec. 11, 2020) (Ex. DUT-NJ-018)	/library/DUT-NJ-018	/exhibit/DUT-NJ-018
Ex. FED-001	Proclamation 9994	President Donald J. Trump	Mar. 13, 2020	President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)	/library/FED-001	/exhibit/FED-001
Ex. FED-006	Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per…	President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator)	Mar. 13, 2020	President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator), Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per State and territory, all dated March 13, 2020) (Mar. 13, 2020) (Ex. FED-006)	/library/FED-006	/exhibit/FED-006
Ex. FED-007	Memorandum of January 21, 2021	President Joseph R. Biden, Jr. (memorandum to the Secretary of Defense and the Secretary of Homeland Security)	Jan. 21, 2021	President Joseph R. Biden, Jr. (memorandum to the Secretary of Defense and the Secretary of Homeland Security), Memorandum of January 21, 2021 (Jan. 21, 2021) (Ex. FED-007)	/library/FED-007	/exhibit/FED-007
Ex. FED-008	Memorandum of February 2, 2021	President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator)	Feb. 2, 2021	President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator), Memorandum of February 2, 2021 (Feb. 2, 2021) (Ex. FED-008)	/library/FED-008	/exhibit/FED-008
Ex. FED-009	Memorandum of August 17, 2021	President Joseph R. Biden, Jr.	Aug. 17, 2021	President Joseph R. Biden, Jr, Memorandum of August 17, 2021 (Aug. 17, 2021) (Ex. FED-009)	/library/FED-009	/exhibit/FED-009
Ex. FED-010	Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus	Alex M. Azar II, Secretary of Health and Human Services	Jan. 31, 2020	Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010)	/library/FED-010	/exhibit/FED-010
Ex. FED-015	Renewal of Determination that a Public Health Emergency Exists (April 15, 2021)	Xavier Becerra, Secretary of HHS	Apr. 15, 2021	Xavier Becerra, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (April 15, 2021) (Apr. 15, 2021) (Ex. FED-015)	/library/FED-015	/exhibit/FED-015
Ex. FED-016	Renewal of Determination that a Public Health Emergency Exists (July 19, 2021)	Xavier Becerra, Secretary of HHS	July 19, 2021	Xavier Becerra, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (July 19, 2021) (Ex. FED-016)	/library/FED-016	/exhibit/FED-016
Ex. FED-020	CDC Order, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021; effective Feb. 1, 2021)	Centers for Disease Control and Prevention, HHS (order signed by the CDC Director Jan. 29, 2021)	Jan. 29, 2021	Centers for Disease Control and Prevention, HHS (order signed by the CDC Director Jan. 29, 2021), CDC Order, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021; effective Feb. 1, 2021) (Jan. 29, 2021) (Ex. FED-020)	/library/FED-020	/exhibit/FED-020
Ex. FED-025	CDC Order extending the Temporary Halt in Residential Evictions (June 24, 2021)	Centers for Disease Control and Prevention, HHS	June 24, 2021	Centers for Disease Control and Prevention, HHS, CDC Order extending the Temporary Halt in Residential Evictions (June 24, 2021) (Ex. FED-025)	/library/FED-025	/exhibit/FED-025
Ex. FED-026	CDC Order: Temporary Halt in Residential Evictions in Communities With Substantial or High Transmission of COVID-19	Centers for Disease Control and Prevention, HHS	Aug. 3, 2021	Centers for Disease Control and Prevention, HHS, CDC Order: Temporary Halt in Residential Evictions in Communities With Substantial or High Transmission of COVID-19 (Aug. 3, 2021) (Ex. FED-026)	/library/FED-026	/exhibit/FED-026
Ex. FED-031	CDC Framework for Conditional Sailing Order	Centers for Disease Control and Prevention, HHS	Oct. 30, 2020	Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031)	/library/FED-031	/exhibit/FED-031
Ex. FED-032	Notice: Conditional Sailing Order Technical Instructions and Operations Manual	Centers for Disease Control and Prevention, HHS	May 5, 2021	Centers for Disease Control and Prevention, HHS, Notice: Conditional Sailing Order Technical Instructions and Operations Manual (May 5, 2021) (Ex. FED-032)	/library/FED-032	/exhibit/FED-032
Ex. FED-034	CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order')	Centers for Disease Control and Prevention, HHS (CDC Director)	Mar. 20, 2020	Centers for Disease Control and Prevention, HHS (CDC Director), CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order') (Mar. 20, 2020) (Ex. FED-034)	/library/FED-034	/exhibit/FED-034
Ex. FED-037	CDC Order Suspending the Right To Introduce Certain Persons From Countries Where a Quarantinable Communicable Disease Exists (Oct. 13, 2020)	Centers for Disease Control and Prevention, HHS	Oct. 13, 2020	Centers for Disease Control and Prevention, HHS, CDC Order Suspending the Right To Introduce Certain Persons From Countries Where a Quarantinable Communicable Disease Exists (Oct. 13, 2020) (Ex. FED-037)	/library/FED-037	/exhibit/FED-037
Ex. FED-038	Public Health Reassessment and Order Suspending the Right To Introduce Certain Persons (Aug. 2, 2021)	Centers for Disease Control and Prevention, HHS	Aug. 2, 2021	Centers for Disease Control and Prevention, HHS, Public Health Reassessment and Order Suspending the Right To Introduce Certain Persons (Aug. 2, 2021) (Ex. FED-038)	/library/FED-038	/exhibit/FED-038
Ex. FED-042	CDC Amended Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery From COVID-19 for All Airline or Other Aircraft…	Centers for Disease Control and Prevention, HHS (signed Jan. 25, 2021 by the Acting CDC Chief of Staff; dated Jan. 26, 2021)	Jan. 25, 2021	Centers for Disease Control and Prevention, HHS (signed Jan. 25, 2021 by the Acting CDC Chief of Staff; dated Jan. 26, 2021), CDC Amended Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery From COVID-19 for All Airline or Other Aircraft Passengers Arriving Into the United States From Any Foreign Country (Jan. 25, 2021) (Ex. FED-042)	/library/FED-042	/exhibit/FED-042
Ex. FED-051	Security Directive SD 1582/84-21-01A, Security Measures - Mask Requirements	Transportation Security Administration, DHS	Apr. 30, 2021	Transportation Security Administration, DHS, Security Directive SD 1582/84-21-01A, Security Measures - Mask Requirements (Apr. 30, 2021) (Ex. FED-051)	/library/FED-051	/exhibit/FED-051
Ex. FED-052	Security Directive SD 1582/84-21-01B, Security Measures - Mask Requirements	Transportation Security Administration, DHS	Aug. 20, 2021	Transportation Security Administration, DHS, Security Directive SD 1582/84-21-01B, Security Measures - Mask Requirements (Aug. 20, 2021) (Ex. FED-052)	/library/FED-052	/exhibit/FED-052
Ex. FED-053	TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD…	Transportation Security Administration, DHS	Jan. 31, 2021	Transportation Security Administration, DHS, TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD 1542-21-01 (airports) (Jan. 31, 2021); ratification 86 Fed. Reg. 26825 (Ex. FED-053)	/library/FED-053	/exhibit/FED-053
Ex. FED-056	Notification of Ratification of Security Directives and Emergency Amendment (TSA SD 1542-21-01, SD 1544-21-02, EA 1546-21-01)	Department of Homeland Security, Office of Strategy, Policy, and Plans; Transportation Security Oversight Board	Apr. 20, 2021	Department of Homeland Security, Office of Strategy, Policy, and Plans; Transportation Security Oversight Board, Notification of Ratification of Security Directives and Emergency Amendment (TSA SD 1542-21-01, SD 1544-21-02, EA 1546-21-01) (Apr. 20, 2021) (Ex. FED-056)	/library/FED-056	/exhibit/FED-056
Ex. FED-057	Determination of a National Emergency Requiring Actions To Protect the Safety of Americans Using and Employed by the Transportation System (Jan. 27, 2021)	Acting Secretary of Homeland Security David P. Pekoske	Jan. 27, 2021	Acting Secretary of Homeland Security David P. Pekoske, Determination of a National Emergency Requiring Actions To Protect the Safety of Americans Using and Employed by the Transportation System (Jan. 27, 2021) (Ex. FED-057)	/library/FED-057	/exhibit/FED-057
Ex. FED-060	Executive Order 13991	President Joseph R. Biden, Jr.	Jan. 20, 2021	President Joseph R. Biden, Jr, Executive Order 13991 (Jan. 20, 2021) (Ex. FED-060)	/library/FED-060	/exhibit/FED-060
Ex. FED-062	Executive Order 13999	President Joseph R. Biden, Jr.	Jan. 21, 2021	President Joseph R. Biden, Jr, Executive Order 13999 (Jan. 21, 2021) (Ex. FED-062)	/library/FED-062	/exhibit/FED-062
Ex. FED-063	Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and…	President Joseph R. Biden, Jr.	Sept. 9, 2021	President Joseph R. Biden, Jr, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Ex. FED-063)	/library/FED-063	/exhibit/FED-063
Ex. FED-064	Executive Order 14043	President Joseph R. Biden, Jr.	Sept. 9, 2021	President Joseph R. Biden, Jr, Executive Order 14043 (Sept. 9, 2021) (Ex. FED-064)	/library/FED-064	/exhibit/FED-064
Ex. FED-070	Executive Order 13909	President Donald J. Trump	Mar. 18, 2020	President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)	/library/FED-070	/exhibit/FED-070
Ex. FED-071	Executive Order 13910	President Donald J. Trump	Mar. 23, 2020	President Donald J. Trump, Executive Order 13910 (Mar. 23, 2020) (Ex. FED-071)	/library/FED-071	/exhibit/FED-071
Ex. FED-074	Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures	Secretary of Health and Human Services	Mar. 25, 2020	Secretary of Health and Human Services, Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures (Mar. 25, 2020) (Ex. FED-074)	/library/FED-074	/exhibit/FED-074
Ex. FED-080	Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021)	Occupational Safety and Health Administration, U.S. Department of Labor	June 21, 2021	Occupational Safety and Health Administration, U.S. Department of Labor, Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021) (Ex. FED-080)	/library/FED-080	/exhibit/FED-080
Ex. FED-081	DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 ETS (June 28, 2021)	OSHA, Directorate of Enforcement Programs	June 28, 2021	OSHA, Directorate of Enforcement Programs, DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 ETS (June 28, 2021) (Ex. FED-081)	/library/FED-081	/exhibit/FED-081
Ex. FED-082	DIR 2021-01 (CPL 03), National Emphasis Program - COVID-19 (Mar. 12, 2021)	OSHA, Directorate of Enforcement Programs	Mar. 12, 2021	OSHA, Directorate of Enforcement Programs, DIR 2021-01 (CPL 03), National Emphasis Program - COVID-19 (Mar. 12, 2021) (Ex. FED-082)	/library/FED-082	/exhibit/FED-082
Ex. FED-083	DIR 2021-03 (CPL 03), Revised National Emphasis Program - COVID-19 (July 7, 2021)	OSHA, Directorate of Enforcement Programs	July 7, 2021	OSHA, Directorate of Enforcement Programs, DIR 2021-03 (CPL 03), Revised National Emphasis Program - COVID-19 (July 7, 2021) (Ex. FED-083)	/library/FED-083	/exhibit/FED-083
Ex. FED-084	Updated Interim Enforcement Response Plans (Mar. 12, 2021; July 7, 2021)	OSHA (memorandum for Regional Administrators and State Plan Designees)	July 7, 2021	OSHA (memorandum for Regional Administrators and State Plan Designees), Updated Interim Enforcement Response Plans (Mar. 12, 2021; July 7, 2021) (Ex. FED-084)	/library/FED-084	/exhibit/FED-084
Ex. FED-090	CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule with…	Centers for Medicare & Medicaid Services, HHS	Mar. 30, 2020	Centers for Medicare & Medicaid Services, HHS, CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule with comment period) (Mar. 30, 2020) (Ex. FED-090)	/library/FED-090	/exhibit/FED-090
Ex. FED-094	CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH	Centers for Medicare & Medicaid Services, HHS	May 13, 2021	Centers for Medicare & Medicaid Services, HHS, CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH (Ex. FED-094)	/library/FED-094	/exhibit/FED-094
Ex. FED-096	CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020)	CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group	Mar. 4, 2020	CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)	/library/FED-096	/exhibit/FED-096
Ex. FED-098	QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs)	CMS, Quality, Safety & Oversight Group	Mar. 10, 2020	CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)	/library/FED-098	/exhibit/FED-098
Ex. FED-099	CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)	CMS, Quality, Safety & Oversight Group	Mar. 23, 2020	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-099)	/library/FED-099	/exhibit/FED-099
Ex. FED-100	FEMA-4503-DR, Major Disaster Declaration for Alabama (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 29, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4503-DR, Major Disaster Declaration for Alabama (COVID-19 Pandemic) (Mar. 29, 2020) (Ex. FED-100)	/library/FED-100	/exhibit/FED-100
Ex. FED-104	FEMA-4482-DR, Major Disaster Declaration for California (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 22, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4482-DR, Major Disaster Declaration for California (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-104)	/library/FED-104	/exhibit/FED-104
Ex. FED-109	FEMA-4486-DR, Major Disaster Declaration for Florida (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 25, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4486-DR, Major Disaster Declaration for Florida (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-109)	/library/FED-109	/exhibit/FED-109
Ex. FED-113	FEMA-4489-DR, Major Disaster Declaration for Illinois (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 26, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4489-DR, Major Disaster Declaration for Illinois (COVID-19 Pandemic) (Mar. 26, 2020) (Ex. FED-113)	/library/FED-113	/exhibit/FED-113
Ex. FED-115	FEMA-4483-DR, Major Disaster Declaration for Iowa (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 23, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4483-DR, Major Disaster Declaration for Iowa (COVID-19 Pandemic) (Mar. 23, 2020) (Ex. FED-115)	/library/FED-115	/exhibit/FED-115
Ex. FED-118	FEMA-4484-DR, Major Disaster Declaration for Louisiana (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 24, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4484-DR, Major Disaster Declaration for Louisiana (COVID-19 Pandemic) (Mar. 24, 2020) (Ex. FED-118)	/library/FED-118	/exhibit/FED-118
Ex. FED-130	FEMA-4488-DR, Major Disaster Declaration for New Jersey (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 25, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4488-DR, Major Disaster Declaration for New Jersey (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-130)	/library/FED-130	/exhibit/FED-130
Ex. FED-132	FEMA-4480-DR, Major Disaster Declaration for New York (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 20, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4480-DR, Major Disaster Declaration for New York (COVID-19 Pandemic) (Mar. 20, 2020) (Ex. FED-132)	/library/FED-132	/exhibit/FED-132
Ex. FED-133	FEMA-4487-DR, Major Disaster Declaration for North Carolina (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 25, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4487-DR, Major Disaster Declaration for North Carolina (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-133)	/library/FED-133	/exhibit/FED-133
Ex. FED-143	FEMA-4485-DR, Major Disaster Declaration for Texas (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 25, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4485-DR, Major Disaster Declaration for Texas (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-143)	/library/FED-143	/exhibit/FED-143
Ex. FED-147	FEMA-4481-DR, Major Disaster Declaration for Washington (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 22, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4481-DR, Major Disaster Declaration for Washington (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-147)	/library/FED-147	/exhibit/FED-147
Ex. FED-150	FEMA-4535-DR, Major Disaster Declaration for Wyoming (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Apr. 11, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4535-DR, Major Disaster Declaration for Wyoming (COVID-19 Pandemic) (Apr. 11, 2020) (Ex. FED-150)	/library/FED-150	/exhibit/FED-150
Ex. FED-156	QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3)	CMS, Quality, Safety & Oversight Group	Apr. 27, 2021	CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3) (Ex. FED-156)	/library/FED-156	/exhibit/FED-156
Ex. FED-160	COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021)	Centers for Medicare & Medicaid Services, HHS	Mar. 13, 2020	Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)	/library/FED-160	/exhibit/FED-160
Ex. FED-161	QSO-20-29-NH and CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020): 42 C.F.R. 483.80(g) reporting	CMS, Quality, Safety & Oversight Group	May 6, 2020	CMS, Quality, Safety & Oversight Group, QSO-20-29-NH and CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020): 42 C.F.R. 483.80(g) reporting (May 6, 2020) (Ex. FED-161)	/library/FED-161	/exhibit/FED-161
Ex. FED-163	CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH	CMS, Quality, Safety & Oversight Group	May 11, 2021	CMS, Quality, Safety & Oversight Group, CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH (May 11, 2021) (Ex. FED-163)	/library/FED-163	/exhibit/FED-163
Ex. FED-165	CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)	CMS, Quality, Safety & Oversight Group	June 1, 2020	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-165)	/library/FED-165	/exhibit/FED-165
Ex. FED-166	CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)	CMS, Quality, Safety & Oversight Group	Aug. 17, 2020	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-166)	/library/FED-166	/exhibit/FED-166
Ex. FED-168	CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through…	CMS, Quality, Safety & Oversight Group	Aug. 26, 2020	CMS, Quality, Safety & Oversight Group, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-168)	/library/FED-168	/exhibit/FED-168
Ex. FED-180	Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020)	Secretary of Health and Human Services	Mar. 10, 2020	Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)	/library/FED-180	/exhibit/FED-180
Ex. FED-181	Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for…	Secretary of Health and Human Services	Feb. 4, 2020	Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)	/library/FED-181	/exhibit/FED-181
Ex. FED-182	Emergency Use Declaration: personal respiratory protective devices	Secretary of Health and Human Services	Mar. 2, 2020	Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)	/library/FED-182	/exhibit/FED-182
Ex. FED-183	Emergency Use Authorization Declaration: medical devices, including alternative products used as medical devices	Secretary of Health and Human Services	Mar. 24, 2020	Secretary of Health and Human Services, Emergency Use Authorization Declaration: medical devices, including alternative products used as medical devices (Mar. 24, 2020) (Ex. FED-183)	/library/FED-183	/exhibit/FED-183
Ex. FED-184	Emergency Use Authorization Declaration: drugs and biological products	Secretary of Health and Human Services	Mar. 27, 2020	Secretary of Health and Human Services, Emergency Use Authorization Declaration: drugs and biological products (Mar. 27, 2020) (Ex. FED-184)	/library/FED-184	/exhibit/FED-184
Ex. FED-194	Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency	HHS Office for Civil Rights	Mar. 17, 2020	HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194)	/library/FED-194	/exhibit/FED-194
Ex. FED-200	Proclamation 9984	President Donald J. Trump	Jan. 31, 2020	President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)	/library/FED-200	/exhibit/FED-200
Ex. FED-201	Proclamation 9992	President Donald J. Trump	Feb. 29, 2020	President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)	/library/FED-201	/exhibit/FED-201
Ex. FED-207	Proclamation 10143	President Joseph R. Biden, Jr.	Jan. 25, 2021	President Joseph R. Biden, Jr, Proclamation 10143 (Jan. 25, 2021) (Ex. FED-207)	/library/FED-207	/exhibit/FED-207
Ex. FED-208	Proclamation 10199	President Joseph R. Biden, Jr.	Apr. 30, 2021	President Joseph R. Biden, Jr, Proclamation 10199 (Apr. 30, 2021) (Ex. FED-208)	/library/FED-208	/exhibit/FED-208
Ex. FED-209	Proclamation 10294	President Joseph R. Biden, Jr.	Oct. 25, 2021	President Joseph R. Biden, Jr, Proclamation 10294 (Oct. 25, 2021) (Ex. FED-209)	/library/FED-209	/exhibit/FED-209
Ex. FED-232	Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 32764 (June 23, 2021)	DHS (Secretary Alejandro N. Mayorkas)	June 23, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 32764 (June 23, 2021) (Ex. FED-232)	/library/FED-232	/exhibit/FED-232
Ex. FED-235	Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 52609 (Sept. 22, 2021)	DHS (Secretary Alejandro N. Mayorkas)	Sept. 22, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 52609 (Sept. 22, 2021) (Ex. FED-235)	/library/FED-235	/exhibit/FED-235
Ex. FED-255	Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 32766 (June 23, 2021)	DHS (Secretary Alejandro N. Mayorkas)	June 23, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 32766 (June 23, 2021) (Ex. FED-255)	/library/FED-255	/exhibit/FED-255
Ex. FED-258	Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 52611 (Sept. 22, 2021)	DHS (Secretary Alejandro N. Mayorkas)	Sept. 22, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 52611 (Sept. 22, 2021) (Ex. FED-258)	/library/FED-258	/exhibit/FED-258
Ex. FED-270	Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and…	Office of Management and Budget (Executive Associate Director Aviva Aron-Dine) with the Safer Federal Workforce Task Force	Jan. 24, 2021	Office of Management and Budget (Executive Associate Director Aviva Aron-Dine) with the Safer Federal Workforce Task Force, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Jan. 24, 2021) (Ex. FED-270)	/library/FED-270	/exhibit/FED-270
Ex. FED-271	OMB Memorandum M-21-25	Office of Management and Budget, Office of Personnel Management and General Services Administration	June 10, 2021	Office of Management and Budget, Office of Personnel Management and General Services Administration, OMB Memorandum M-21-25 (June 10, 2021) (Ex. FED-271)	/library/FED-271	/exhibit/FED-271
Ex. FED-272	COVID-19 Workplace Safety: Agency Model Safety Principles (revised July 29, 2021), following the OMB memorandum of July 27, 2021 reinstating masks	Safer Federal Workforce Task Force (OPM, GSA, White House COVID-19 Response Coordinator) under Executive Order 13991 § 4, with OMB	July 29, 2021	Safer Federal Workforce Task Force (OPM, GSA, White House COVID-19 Response Coordinator) under Executive Order 13991 § 4, with OMB, COVID-19 Workplace Safety: Agency Model Safety Principles (revised July 29, 2021), following the OMB memorandum of July 27, 2021 reinstating masks (Ex. FED-272)	/library/FED-272	/exhibit/FED-272
Ex. FED-274	Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and…	Safer Federal Workforce Task Force; approved by the Director of OMB	Sept. 24, 2021	Safer Federal Workforce Task Force; approved by the Director of OMB, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Ex. FED-274)	/library/FED-274	/exhibit/FED-274
Ex. FED-275	Determination of the Promotion of Economy and Efficiency in Federal Contracting Pursuant to Executive Order No. 14042, 86 Fed. Reg. 53691 (Sept. 28, 2021)	Office of Management and Budget (Acting Director Shalanda D. Young)	Sept. 24, 2021	Office of Management and Budget (Acting Director Shalanda D. Young), Determination of the Promotion of Economy and Efficiency in Federal Contracting Pursuant to Executive Order No. 14042, 86 Fed. Reg. 53691 (Sept. 28, 2021) (Sept. 24, 2021) (Ex. FED-275)	/library/FED-275	/exhibit/FED-275
Ex. FED-278	Certification of Vaccination form (employees, onsite contractors and visitors), August 2021	Safer Federal Workforce Task Force (OMB control number 3206-0277)	Aug. 6, 2021	Safer Federal Workforce Task Force (OMB control number 3206-0277), Certification of Vaccination form (employees, onsite contractors and visitors), August 2021 (Aug. 6, 2021) (Ex. FED-278)	/library/FED-278	/exhibit/FED-278
Ex. FED-280	Secretary of Defense Memorandum, Update to Conditions-based Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions	Secretary of Defense Lloyd J. Austin III	Mar. 15, 2021	Secretary of Defense Lloyd J. Austin III, Secretary of Defense Memorandum, Update to Conditions-based Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (Mar. 15, 2021) (Ex. FED-280)	/library/FED-280	/exhibit/FED-280
Ex. FED-285	Order of the Chief Judge No. 20-078	Chief Judge Philip S. Gutierrez	June 1, 2020	Chief Judge Philip S. Gutierrez, Order of the Chief Judge No. 20-078 (June 1, 2020) (Ex. FED-285)	/library/FED-285	/exhibit/FED-285
Ex. FED-290	Press release of March 12, 2020 (Building closed to the public)	Supreme Court of the United States (Public Information Office)	Mar. 12, 2020	Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)	/library/FED-290
Ex. FED-292	Order of March 19, 2020, 589 U.S. (Order List)	Supreme Court of the United States	Mar. 19, 2020	Supreme Court of the United States, Order of March 19, 2020, 589 U.S. (Order List) (Mar. 19, 2020) (Ex. FED-292)	/library/FED-292	/exhibit/FED-292
Ex. FED-297	Amended General Order 21-0006 (May 26, 2021)	Chief Judge Rebecca R. Pallmeyer (Executive Committee)	May 26, 2021	Chief Judge Rebecca R. Pallmeyer (Executive Committee), Amended General Order 21-0006 (May 26, 2021) (Ex. FED-297)	/library/FED-297	/exhibit/FED-297
Ex. FED-298	Amended General Order 21-0006 (Sept. 15, 2021)	Chief Judge Rebecca R. Pallmeyer (Executive Committee)	Sept. 15, 2021	Chief Judge Rebecca R. Pallmeyer (Executive Committee), Amended General Order 21-0006 (Sept. 15, 2021) (Ex. FED-298)	/library/FED-298	/exhibit/FED-298
Ex. FED-299	Third Amended Order Concerning Face Masks/Coverings in Public Areas of Courthouses	Chief Judge Rebecca R. Pallmeyer	July 30, 2021	Chief Judge Rebecca R. Pallmeyer, Third Amended Order Concerning Face Masks/Coverings in Public Areas of Courthouses (July 30, 2021) (Ex. FED-299)	/library/FED-299	/exhibit/FED-299
Ex. FED-300	General Order 21-0033	Executive Committee and Restart Task Force of the Court (unanimous vote)	Sept. 20, 2021	Executive Committee and Restart Task Force of the Court (unanimous vote), General Order 21-0033 (Sept. 20, 2021) (Ex. FED-300)	/library/FED-300	/exhibit/FED-300
Ex. FED-301	Fifth Amended General Order 20-0022	Chief Judge Rebecca R. Pallmeyer	June 21, 2021	Chief Judge Rebecca R. Pallmeyer, Fifth Amended General Order 20-0022 (June 21, 2021) (Ex. FED-301)	/library/FED-301	/exhibit/FED-301
Ex. FED-302	Standing Order 20-13	Chief Judge Freda L. Wolfson	May 22, 2020	Chief Judge Freda L. Wolfson, Standing Order 20-13 (May 22, 2020) (Ex. FED-302)	/library/FED-302	/exhibit/FED-302
Ex. FED-306	Standing Order 21-04	Chief Judge Freda L. Wolfson	Mar. 11, 2021	Chief Judge Freda L. Wolfson, Standing Order 21-04 (Mar. 11, 2021) (Ex. FED-306)	/library/FED-306	/exhibit/FED-306
Ex. FED-307	Updated Amended Standing Order 21-04	Chief Judge Freda L. Wolfson	Sept. 3, 2021	Chief Judge Freda L. Wolfson, Updated Amended Standing Order 21-04 (Sept. 3, 2021) (Ex. FED-307)	/library/FED-307	/exhibit/FED-307
Ex. FED-308	Standing Order 21-08	Chief Judge Freda L. Wolfson	Sept. 13, 2021	Chief Judge Freda L. Wolfson, Standing Order 21-08 (Sept. 13, 2021) (Ex. FED-308)	/library/FED-308	/exhibit/FED-308
Ex. FED-311	Standing Order 2020-04	Chief Judge James K. Bredar	Mar. 16, 2020	Chief Judge James K. Bredar, Standing Order 2020-04 (Mar. 16, 2020) (Ex. FED-311)	/library/FED-311	/exhibit/FED-311
Ex. FED-313	Amended Standing Order 2021-07	Chief Judge James K. Bredar	June 23, 2021	Chief Judge James K. Bredar, Amended Standing Order 2021-07 (June 23, 2021) (Ex. FED-313)	/library/FED-313	/exhibit/FED-313
Ex. FED-337	General Order 78	Chief Judge Richard Seeborg	June 23, 2021	Chief Judge Richard Seeborg, General Order 78 (June 23, 2021) (Ex. FED-337)	/library/FED-337	/exhibit/FED-337
Ex. FED-340	CARES Act §§ 4022-4024 (foreclosure moratorium and forbearance; multifamily forbearance; temporary moratorium on eviction filings) and § 15002 (video…	Congress (Pub. L. 116-136, signed Mar. 27, 2020)	Mar. 27, 2020	Congress (Pub. L. 116-136, signed Mar. 27, 2020), CARES Act §§ 4022-4024 (foreclosure moratorium and forbearance; multifamily forbearance; temporary moratorium on eviction filings) and § 15002 (video teleconferencing for criminal proceedings) (Mar. 27, 2020) (Ex. FED-340)	/library/FED-340	/exhibit/FED-340
Ex. FED-342	Interagency Statement on Loan Modifications and Reporting for Financial Institutions Working with Customers Affected by the Coronavirus (Revised) (Apr. 7, 2020…	Federal Reserve Board, FDIC, NCUA, OCC, CFPB and the Conference of State Bank Supervisors	Apr. 7, 2020	Federal Reserve Board, FDIC, NCUA, OCC, CFPB and the Conference of State Bank Supervisors, Interagency Statement on Loan Modifications and Reporting for Financial Institutions Working with Customers Affected by the Coronavirus (Revised) (Apr. 7, 2020; original Mar. 22, 2020) (Ex. FED-342)	/library/FED-342	/exhibit/FED-342
Ex. FED-344	Protections for Borrowers Affected by the COVID-19 Emergency Under the Real Estate Settlement Procedures Act (RESPA), Regulation X (final rule), 86 Fed. Reg.…	Bureau of Consumer Financial Protection	June 25, 2021	Bureau of Consumer Financial Protection, Protections for Borrowers Affected by the COVID-19 Emergency Under the Real Estate Settlement Procedures Act (RESPA), Regulation X (final rule), 86 Fed. Reg. 34848 (June 30, 2021) (June 25, 2021) (Ex. FED-344)	/library/FED-344	/exhibit/FED-344
Ex. FED-345	Memorandum of August 8, 2020, Continued Student Loan Payment Relief During the COVID-19 Pandemic, 85 Fed. Reg. 49585 (Aug. 13, 2020)	President Donald J. Trump (Memorandum for the Secretary of Education)	Aug. 8, 2020	President Donald J. Trump (Memorandum for the Secretary of Education), Memorandum of August 8, 2020, Continued Student Loan Payment Relief During the COVID-19 Pandemic, 85 Fed. Reg. 49585 (Aug. 13, 2020) (Aug. 8, 2020) (Ex. FED-345)	/library/FED-345	/exhibit/FED-345
Ex. FED-354	FHFA news release of June 24, 2021: FHFA Extends COVID-19 Foreclosure and REO Eviction Moratoriums (to July 31, 2021)	Federal Housing Finance Agency	June 24, 2021	Federal Housing Finance Agency, FHFA news release of June 24, 2021: FHFA Extends COVID-19 Foreclosure and REO Eviction Moratoriums (to July 31, 2021) (Ex. FED-354)	/library/FED-354	/exhibit/FED-354
Ex. FED-355	FHFA news release of July 30, 2021: FHFA Extends COVID-19 REO Eviction Moratorium Through September 30, 2021	Federal Housing Finance Agency (with the Agencies' Joint Statement on Agency Actions to Prevent Evictions of the same date)	July 30, 2021	Federal Housing Finance Agency (with the Agencies' Joint Statement on Agency Actions to Prevent Evictions of the same date), FHFA news release of July 30, 2021: FHFA Extends COVID-19 REO Eviction Moratorium Through September 30, 2021 (Ex. FED-355)	/library/FED-355	/exhibit/FED-355
Ex. FED-364	Mortgagee Letter 2021-15	HUD, Federal Housing Administration	June 25, 2021	HUD, Federal Housing Administration, Mortgagee Letter 2021-15 (June 25, 2021) (Ex. FED-364)	/library/FED-364	/exhibit/FED-364
Ex. FED-365	Mortgagee Letter 2021-18	HUD, Federal Housing Administration	July 23, 2021	HUD, Federal Housing Administration, Mortgagee Letter 2021-18 (July 23, 2021) (Ex. FED-365)	/library/FED-365	/exhibit/FED-365
Ex. FED-378	Circular 26-21-10	VA, Loan Guaranty Service	June 25, 2021	VA, Loan Guaranty Service, Circular 26-21-10 (June 25, 2021) (Ex. FED-378)	/library/FED-378	/exhibit/FED-378
Ex. FED-379	Circular 26-21-14	VA, Loan Guaranty Service	July 30, 2021	VA, Loan Guaranty Service, Circular 26-21-14 (July 30, 2021) (Ex. FED-379)	/library/FED-379	/exhibit/FED-379
Ex. FED-380	Circular 26-21-20	VA, Loan Guaranty Service	Sept. 29, 2021	VA, Loan Guaranty Service, Circular 26-21-20 (Sept. 29, 2021) (Ex. FED-380)	/library/FED-380	/exhibit/FED-380
Ex. FED-384	USDA Rural Development release of June 24-25, 2021: Biden-Harris Administration Extends Foreclosure Moratorium and Provides Relief (moratorium to July 31, 2021…	USDA Rural Development (with the White House announcement of June 24, 2021)	June 24, 2021	USDA Rural Development (with the White House announcement of June 24, 2021), USDA Rural Development release of June 24-25, 2021: Biden-Harris Administration Extends Foreclosure Moratorium and Provides Relief (moratorium to July 31, 2021; forbearance enrollment to Sept. 30, 2021) (June 24, 2021) (Ex. FED-384)	/library/FED-384
Ex. FED-385	USDA Rural Development release of July 30, 2021: Biden-Harris Administration Extends Eviction Moratorium for Homeowners (to Sept. 30, 2021)	USDA Rural Development (with the Agencies' Joint Statement of July 30, 2021)	July 30, 2021	USDA Rural Development (with the Agencies' Joint Statement of July 30, 2021), USDA Rural Development release of July 30, 2021: Biden-Harris Administration Extends Eviction Moratorium for Homeowners (to Sept. 30, 2021) (Ex. FED-385)	/library/FED-385	/exhibit/FED-385
Ex. FED-398	H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health…	U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020)	May 15, 2020	U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398)	/library/FED-398	/exhibit/FED-398
Ex. LAW-001	CARES Act, Pub. L. 116-136, 134 Stat. 281 (Mar. 27, 2020) (Statutes at Large pages; sec. 2301 at 347-351)	United States Congress	Mar. 27, 2020	United States Congress, CARES Act, Pub. L. 116-136, 134 Stat. 281 (Mar. 27, 2020) (Statutes at Large pages; sec. 2301 at 347-351) (Ex. LAW-001)	/library/LAW-001	/exhibit/LAW-001
Ex. LAW-002	Consolidated Appropriations Act, 2021, Pub. L. 116-260, 134 Stat. 1182 (Dec. 27, 2020) (div. EE, Taxpayer Certainty and Disaster Tax Relief Act of 2020, secs.…	United States Congress	Dec. 27, 2020	United States Congress, Consolidated Appropriations Act, 2021, Pub. L. 116-260, 134 Stat. 1182 (Dec. 27, 2020) (div. EE, Taxpayer Certainty and Disaster Tax Relief Act of 2020, secs. 206-207 at 134 Stat. 3059-3065) (Ex. LAW-002)	/library/LAW-002	/exhibit/LAW-002
Ex. LAW-003	American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021) (sec. 9651 at 176-182)	United States Congress	Mar. 11, 2021	United States Congress, American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021) (sec. 9651 at 176-182) (Ex. LAW-003)	/library/LAW-003	/exhibit/LAW-003
Ex. LAW-004	Infrastructure Investment and Jobs Act, Pub. L. 117-58, 135 Stat. 429 (Nov. 15, 2021) (sec. 80604 at 1341)	United States Congress	Nov. 15, 2021	United States Congress, Infrastructure Investment and Jobs Act, Pub. L. 117-58, 135 Stat. 429 (Nov. 15, 2021) (sec. 80604 at 1341) (Ex. LAW-004)	/library/LAW-004	/exhibit/LAW-004
Ex. NJ-001	Executive Order No. 103 (2020)	Governor Philip D. Murphy	Mar. 9, 2020	Governor Philip D. Murphy, Executive Order No. 103 (2020) (Mar. 9, 2020) (Ex. NJ-001)	/library/NJ-001	/exhibit/NJ-001
Ex. NJ-003	Executive Order No. 106 (2020)	Governor Philip D. Murphy	Mar. 19, 2020	Governor Philip D. Murphy, Executive Order No. 106 (2020) (Mar. 19, 2020) (Ex. NJ-003)	/library/NJ-003	/exhibit/NJ-003
Ex. NJ-004	New Jersey Executive Order 107 (Mar. 21, 2020; paras. 10-11 rescinded by EO 243 eff. June 4, 2021)	Governor Philip D. Murphy	Mar. 21, 2020	Governor Philip D. Murphy, New Jersey Executive Order 107 (Mar. 21, 2020; paras. 10-11 rescinded by EO 243 eff. June 4, 2021) (Ex. NJ-004)	/library/NJ-004	/exhibit/NJ-004
Ex. NJ-005	Executive Order No. 108 (2020)	Governor Philip D. Murphy	Mar. 21, 2020	Governor Philip D. Murphy, Executive Order No. 108 (2020) (Mar. 21, 2020) (Ex. NJ-005)	/library/NJ-005	/exhibit/NJ-005
Ex. NJ-008	Executive Order No. 112 (2020)	Governor Philip D. Murphy	Apr. 1, 2020	Governor Philip D. Murphy, Executive Order No. 112 (2020) (Apr. 1, 2020) (Ex. NJ-008)	/library/NJ-008	/exhibit/NJ-008
Ex. NJ-011	Executive Order No. 122 (2020)	Governor Philip D. Murphy	Apr. 8, 2020	Governor Philip D. Murphy, Executive Order No. 122 (2020) (Apr. 8, 2020) (Ex. NJ-011)	/library/NJ-011	/exhibit/NJ-011
Ex. NJ-012	Executive Order No. 123 (2020)	Governor Philip D. Murphy	Apr. 9, 2020	Governor Philip D. Murphy, Executive Order No. 123 (2020) (Apr. 9, 2020) (Ex. NJ-012)	/library/NJ-012	/exhibit/NJ-012
Ex. NJ-019	Executive Order No. 149 (2020)	Governor Philip D. Murphy	May 29, 2020	Governor Philip D. Murphy, Executive Order No. 149 (2020) (May 29, 2020) (Ex. NJ-019)	/library/NJ-019	/exhibit/NJ-019
Ex. NJ-020	Executive Order No. 150 (2020)	Governor Philip D. Murphy	June 3, 2020	Governor Philip D. Murphy, Executive Order No. 150 (2020) (June 3, 2020) (Ex. NJ-020)	/library/NJ-020	/exhibit/NJ-020
Ex. NJ-032	Executive Order No. 175 (2020)	Governor Philip D. Murphy	Aug. 13, 2020	Governor Philip D. Murphy, Executive Order No. 175 (2020) (Aug. 13, 2020) (Ex. NJ-032)	/library/NJ-032	/exhibit/NJ-032
Ex. NJ-036	Executive Order No. 192 (2020)	Governor Philip D. Murphy	Oct. 28, 2020	Governor Philip D. Murphy, Executive Order No. 192 (2020) (Oct. 28, 2020) (Ex. NJ-036)	/library/NJ-036	/exhibit/NJ-036
Ex. NJ-038	Executive Order No. 195 (2020)	Governor Philip D. Murphy	Nov. 12, 2020	Governor Philip D. Murphy, Executive Order No. 195 (2020) (Nov. 12, 2020) (Ex. NJ-038)	/library/NJ-038	/exhibit/NJ-038
Ex. NJ-050	Executive Order No. 242 (2021)	Governor Philip D. Murphy	May 24, 2021	Governor Philip D. Murphy, Executive Order No. 242 (2021) (May 24, 2021) (Ex. NJ-050)	/library/NJ-050	/exhibit/NJ-050
Ex. NJ-051	Executive Order No. 243 (2021)	Governor Philip D. Murphy	May 26, 2021	Governor Philip D. Murphy, Executive Order No. 243 (2021) (May 26, 2021) (Ex. NJ-051)	/library/NJ-051	/exhibit/NJ-051
Ex. NJ-052	Executive Order No. 244 (2021)	Governor Philip D. Murphy	June 4, 2021	Governor Philip D. Murphy, Executive Order No. 244 (2021) (June 4, 2021) (Ex. NJ-052)	/library/NJ-052	/exhibit/NJ-052
Ex. NJ-053	P.L. 2021, c. 103	New Jersey Legislature (Assembly Bill No. 5820); approved by Governor Philip D. Murphy	June 4, 2021	New Jersey Legislature (Assembly Bill No. 5820); approved by Governor Philip D. Murphy, P.L. 2021, c. 103 (June 4, 2021) (Ex. NJ-053)	/library/NJ-053	/exhibit/NJ-053
Ex. NJ-054	Executive Order No. 249 (2021)	Governor Philip D. Murphy	Aug. 4, 2021	Governor Philip D. Murphy, Executive Order No. 249 (2021) (Aug. 4, 2021) (Ex. NJ-054)	/library/NJ-054	/exhibit/NJ-054
Ex. NJ-055	Executive Order No. 251 (2021)	Governor Philip D. Murphy	Aug. 6, 2021	Governor Philip D. Murphy, Executive Order No. 251 (2021) (Aug. 6, 2021) (Ex. NJ-055)	/library/NJ-055	/exhibit/NJ-055
Ex. NJ-056	New Jersey EO 252 (Aug. 6, 2021) and EO 264 (Sept. 20, 2021)	Governor Philip D. Murphy	Aug. 6, 2021	Governor Philip D. Murphy, New Jersey EO 252 (Aug. 6, 2021) and EO 264 (Sept. 20, 2021) (Ex. NJ-056)	/library/NJ-056	/exhibit/NJ-056
Ex. NJ-057	Executive Order No. 253 (2021)	Governor Philip D. Murphy	Aug. 23, 2021	Governor Philip D. Murphy, Executive Order No. 253 (2021) (Aug. 23, 2021) (Ex. NJ-057)	/library/NJ-057	/exhibit/NJ-057
Ex. NJ-058	New Jersey EO 252 (Aug. 6, 2021) and EO 264 (Sept. 20, 2021)	Governor Philip D. Murphy	Sept. 20, 2021	Governor Philip D. Murphy, New Jersey EO 252 (Aug. 6, 2021) and EO 264 (Sept. 20, 2021) (Ex. NJ-058)	/library/NJ-058	/exhibit/NJ-058
Ex. NJ-061	Executive Order No. 246 (2021)	Governor Philip D. Murphy	June 14, 2021	Governor Philip D. Murphy, Executive Order No. 246 (2021) (June 14, 2021) (Ex. NJ-061)	/library/NJ-061	/exhibit/NJ-061
Ex. NJ-066	Executive Directive No. 20-013 (Revised)	Judith M. Persichilli, Commissioner of Health	May 20, 2020	Judith M. Persichilli, Commissioner of Health, Executive Directive No. 20-013 (Revised) (May 20, 2020) (Ex. NJ-066)	/library/NJ-066	/exhibit/NJ-066
Ex. NJ-069	Executive Directive No. 20-014	Judith M. Persichilli, Commissioner of Health	June 3, 2020	Judith M. Persichilli, Commissioner of Health, Executive Directive No. 20-014 (June 3, 2020) (Ex. NJ-069)	/library/NJ-069	/exhibit/NJ-069
Ex. NJ-070	Executive Directive No. 20-015	Judith M. Persichilli, Commissioner of Health	June 13, 2020	Judith M. Persichilli, Commissioner of Health, Executive Directive No. 20-015 (June 13, 2020) (Ex. NJ-070)	/library/NJ-070	/exhibit/NJ-070
Ex. NJ-073	Executive Directive No. 20-024	Judith M. Persichilli, Commissioner of Health	July 9, 2020	Judith M. Persichilli, Commissioner of Health, Executive Directive No. 20-024 (July 9, 2020) (Ex. NJ-073)	/library/NJ-073	/exhibit/NJ-073
Ex. NJ-074	Executive Directive No. 20-026 (Revised January 6, 2021, superseding the October 20, 2020 revision; original August 20, 2020)	Judith M. Persichilli, Commissioner of Health	Aug. 20, 2020	Judith M. Persichilli, Commissioner of Health, Executive Directive No. 20-026 (Revised January 6, 2021, superseding the October 20, 2020 revision; original August 20, 2020) (Aug. 20, 2020) (Ex. NJ-074)	/library/NJ-074	/exhibit/NJ-074
Ex. NJ-075	Executive Directive No. 20-028	Judith M. Persichilli, Commissioner of Health	Aug. 27, 2020	Judith M. Persichilli, Commissioner of Health, Executive Directive No. 20-028 (Aug. 27, 2020) (Ex. NJ-075)	/library/NJ-075	/exhibit/NJ-075
Ex. NJ-078	Executive Directive No. 21-001 (Revised May 12, 2021; original March 22, 2021)	Judith M. Persichilli, Commissioner of Health	Mar. 22, 2021	Judith M. Persichilli, Commissioner of Health, Executive Directive No. 21-001 (Revised May 12, 2021; original March 22, 2021) (Mar. 22, 2021) (Ex. NJ-078)	/library/NJ-078	/exhibit/NJ-078
Ex. NJ-079	Executive Directive No. 21-004	Judith M. Persichilli, Commissioner of Health	May 26, 2021	Judith M. Persichilli, Commissioner of Health, Executive Directive No. 21-004 (May 26, 2021) (Ex. NJ-079)	/library/NJ-079	/exhibit/NJ-079
Ex. NJ-081	Executive Directive No. 21-007 (original June 15, 2021; the retrieved text is the revision dated February 17, 2023)	Judith M. Persichilli, Commissioner of Health	June 15, 2021	Judith M. Persichilli, Commissioner of Health, Executive Directive No. 21-007 (original June 15, 2021; the retrieved text is the revision dated February 17, 2023) (Ex. NJ-081)	/library/NJ-081	/exhibit/NJ-081
Ex. NJ-083	Department of Health memorandum to Home Health Agency and Hospice Administrators, Temporary Operational Waivers during a State of Emergency	Judith M. Persichilli, Commissioner of Health	Mar. 13, 2020	Judith M. Persichilli, Commissioner of Health, Department of Health memorandum to Home Health Agency and Hospice Administrators, Temporary Operational Waivers during a State of Emergency (Mar. 13, 2020) (Ex. NJ-083)	/library/NJ-083	/exhibit/NJ-083
Ex. NJ-084	Executive Directive No. 20-016 (Revised) (original June 24, 2020; amended July 29, 2020, October 20, 2020 and June 16, 2021; the retrieved text is the January…	Judith M. Persichilli, Commissioner of Health	June 24, 2020	Judith M. Persichilli, Commissioner of Health, Executive Directive No. 20-016 (Revised) (original June 24, 2020; amended July 29, 2020, October 20, 2020 and June 16, 2021; the retrieved text is the January 20, 2023 revision) (Ex. NJ-084)	/library/NJ-084	/exhibit/NJ-084
Ex. NJ-085	Executive Directive No. 20-018 (Revised) (original June 24, 2020; amended October 20, 2020 and June 16, 2021; the retrieved text is the 2023 revision)	Judith M. Persichilli, Commissioner of Health	June 24, 2020	Judith M. Persichilli, Commissioner of Health, Executive Directive No. 20-018 (Revised) (original June 24, 2020; amended October 20, 2020 and June 16, 2021; the retrieved text is the 2023 revision) (Ex. NJ-085)	/library/NJ-085	/exhibit/NJ-085
Ex. NJ-086	Notice of Rule Waiver/Modification/Suspension pursuant to P.L. 2021, c. 103 (revised temporary waiver of N.J.A.C. 8:7-1.11, -1.12, -1.13 and -1.17)	Commissioner of Health, with the approval of the Governor	Aug. 19, 2021	Commissioner of Health, with the approval of the Governor, Notice of Rule Waiver/Modification/Suspension pursuant to P.L. 2021, c. 103 (revised temporary waiver of N.J.A.C. 8:7-1.11, -1.12, -1.13 and -1.17) (Aug. 19, 2021) (Ex. NJ-086)	/library/NJ-086	/exhibit/NJ-086
Ex. NJ-089	P.L. 2021, c. 188	New Jersey Legislature (Senate Bill No. 3691); approved by Governor Philip D. Murphy	Aug. 4, 2021	New Jersey Legislature (Senate Bill No. 3691); approved by Governor Philip D. Murphy, P.L. 2021, c. 188 (Aug. 4, 2021) (Ex. NJ-089)	/library/NJ-089	/exhibit/NJ-089
Ex. NJ-094	Supreme Court Order of March 16, 2020 (Rules 7:6-3 and 7:12-3 relaxed)	Supreme Court of New Jersey (Chief Justice Stuart Rabner)	Mar. 16, 2020	Supreme Court of New Jersey (Chief Justice Stuart Rabner), Supreme Court Order of March 16, 2020 (Rules 7:6-3 and 7:12-3 relaxed) (Mar. 16, 2020) (Ex. NJ-094)	/library/NJ-094	/exhibit/NJ-094
Ex. TX-004	Executive Order GA-09	Governor Greg Abbott	Mar. 22, 2020	Governor Greg Abbott, Executive Order GA-09 (Mar. 22, 2020) (Ex. TX-004)	/library/TX-004	/exhibit/TX-004

8. How to use this report

Keep this report with your payroll records and the other records that support your claim. The Notice itself describes what those records are. Q&A-70 says an employer "will adequately substantiate eligibility for the employee retention credit if the employer creates and maintains records that include," among other things, "any governmental order to suspend the employer's business operations" and "any records the employer relied upon to determine whether more than a nominal portion of its operations were suspended due to a governmental order or whether a governmental order had more than a nominal effect on its business operations" (Notice 2021-20, 2021-11 I.R.B. 922, Q&A-70, at 944-45). Q&A-71 says to keep those records "for at least 4 years after the date the tax becomes due or is paid, whichever comes later" (Q&A-71, at 945). This report is the first of those two items for your selection, and it is meant to sit beside the second.

If you have received a letter from the Service saying that no government orders were in effect during the quarter you claimed, this report answers that sentence with the public record, order by order. Read the quarter you claimed. For each instrument, the report gives you the issuer, the number, the dates, the words that commanded the change, the penalty behind them and the exhibit. Those are facts about the public record, and anyone can check them against the register, the code or the docket the report cites. The Service is free to argue about how much a given order affected your business. Whether the orders existed is not a matter of opinion.

Three points of public law matter to anyone holding such a letter. First, a notice that turns down a refund claim starts a clock. Under section 6532(a)(1) of the Internal Revenue Code, a refund suit cannot be brought "after the expiration of 2 years from the date of mailing by certified mail or registered mail by the Secretary to the taxpayer of a notice of the disallowance of the part of the claim to which the suit or proceeding relates." Second, asking the IRS Independent Office of Appeals to review the letter does not stop that clock; the Service's own page on the letter says so ("Requesting an appeal doesn't extend this time"), and section 6532(a)(4) provides that the Service's later consideration of the claim does not extend the period. Third, the period can be extended only by a written agreement between you and the Service under section 6532(a)(2), made on Form 907, Agreement to Extend the Time to Bring Suit, and effective only if the Service signs it before the two years run out.

The COVID Project does not give legal advice, and this report is not a substitute for it. Take it to your accountant, your enrolled agent or your lawyer. The dates above are public law, and the decisions they call for are yours and your adviser's to make.

Printed from covidproject.com/report?state=NJ&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.