Eligibility report

Governmental Orders Record and Eligibility Analysis

New York

2021 Q3

Prepared by The COVID Project, Sept. 30, 2026. 228 instruments cited; 226 exhibit files held. Not legal advice.

The COVID Projectcovidproject.com/report?state=NY&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 York 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=NY&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 York, first day (July 1, 2021): Subpart 66-3 face coverings (unvaccinated public and employees; employer duty to provide; food-service employees masked at all times; venues over 5,000) (NY-133); 10 NYCRR 2.13 isolation and quarantine orders (NY-134); Subpart 66-4 nursing-home and adult-care vaccination offering (NY-133); PPE stockpile and Surge and Flex rules (NY-133); HERO Act standard published July 6 with plan adoption mandatory by Aug. 5 (NY-129, NY-130, NY-132); eviction and foreclosure stays to Aug. 31 (NY-085); CDC/TSA transit mask order and OSHA Healthcare ETS (federal layer)

New York, last day (Sept. 30, 2021): 10 NYCRR 2.60 and the Commissioner's Determination on Indoor Masking (Aug. 27, 2021): all health-care personnel and visitors, adult care facilities, universal P-12 masking, correctional facilities, shelters, public transportation conveyances and hubs (NY-071, NY-073); 10 NYCRR 2.61 health-care worker vaccination, first dose by Sept. 27 for hospitals and nursing homes and Oct. 7 for home care, hospice and adult care (NY-071, NY-074, NY-078); 10 NYCRR 2.9 and 2.62 and the Sept. 2 Determination: weekly testing of every unvaccinated P-12 teacher, staff member and contractor (NY-072, NY-075, NY-076); 10 NYCRR 2.13 readopted Aug. 26 (NY-071); Subpart 66-4, PPE and Surge and Flex readopted July 30 (NY-135); 12 NYCRR 840.1 HERO Act standard (filed Aug. 5; NY-136) and the Commissioner's designation of COVID-19 (Sept. 6, continued Sept. 30 to Oct. 31) activating every private employer's exposure prevention plan (NY-127, NY-128); eviction and foreclosure stays to Jan. 15, 2022 (ch. 417, Sept. 2; NY-086); Governor Hochul's EO 4 statewide disaster emergency for health-care staffing (Sept. 27; NY-070); New York City's Key to NYC

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 York	23	23
Agencies, boards and authorities	9	9
Standing duties	44	44
All layers	243	243

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 York

Ex. NY-087

Chapter 127 of the Laws of 2020 (S.8192-B), the Tenant Safe Harbor Act

An act in relation to prohibiting the eviction of residential tenants who have suffered financial hardship during the COVID-19 covered period

New York State Legislature (S.8192-B, signed by Governor Andrew M. Cuomo), New York (State)

Dates: In force from June 30, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Courts and public officesOther
Functions reached: PM property management; SV collections; CL court process
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

'COVID-19 covered period' means March 7, 2020 until the date on which none of the provisions that closed or otherwise restricted public or private businesses or places of public accommodation, or required postponement or cancellation of all non-essential gatherings of individuals of any size for any reason in Executive Orders 202.3, 202.4, 202.5, 202.6, 202.7, 202.8, 202.10, 202.11, 202.13 or 202.14, as extended by Executive Orders 202.28 and 202.31 and as further extended by any future Executive Order, issued in response to the COVID-19 pandemic continue to apply in the county of the tenant's or lawful occupant's residence.... No court shall issue a warrant of eviction or judgment of possession against a residential tenant or other lawful occupant that has suffered a financial hardship during the COVID-19 covered period for the non-payment of rent that accrues or becomes due during the…

Enforcement: Bar on warrants of eviction and judgments of possession (courts)

Citation: New York State Legislature (S.8192-B, signed by Governor Andrew M. Cuomo), Chapter 127 of the Laws of 2020 (S.8192-B), the Tenant Safe Harbor Act (June 30, 2020) (Ex. NY-087) Open the exhibit

Ex. NY-083

Chapter 381 of the Laws of 2020 (S.9114), COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020

An act establishing the 'COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020'; in relation to eviction proceedings... foreclosure proceedings... hardship declarations

New York State Legislature (S.9114, signed by Governor Andrew M. Cuomo), New York (State)

Dates: In force from Dec. 28, 2020 to Sept. 30, 2021
Quarters: 2020 Q42021 Q12021 Q22021 Q3
Limitations: Courts and public officesOther
Functions reached: PM property management; SV servicing and foreclosure; CL court process; ML mortgage lending
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

'NOTICE TO TENANT: If you have lost income or had increased costs during the COVID-19 pandemic, or moving would pose a significant health risk for you or a member of your household due to an increased risk for severe illness or death from COVID-19 due to an underlying medical condition, and you sign and deliver this hardship declaration form to your landlord, you cannot be evicted until at least May 1, 2021 for nonpayment of rent or for holding over after the expiration of your lease.'... Any eviction proceeding pending on the effective date of this act... shall be stayed

Enforcement: Stays of eviction and foreclosure proceedings; courts

Citation: New York State Legislature (S.9114, signed by Governor Andrew M. Cuomo), Chapter 381 of the Laws of 2020 (S.9114), COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 (Dec. 28, 2020) (Ex. NY-083) Open the exhibit

Ex. NY-084

Chapter 73 of the Laws of 2021 (S.471-A), COVID-19 Emergency Protect Our Small Businesses Act of 2021

An act... in relation to commercial eviction and foreclosure protections... hardship declarations for owners of commercial real property

New York State Legislature (S.471-A, signed by Governor Andrew M. Cuomo), New York (State)

Dates: In force from Mar. 9, 2021 to Sept. 30, 2021
Quarters: 2021 Q12021 Q22021 Q3
Limitations: Courts and public officesOther
Functions reached: CM commercial leasing; PM; BL business lending; CL
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

'NOTICE TO COMMERCIAL TENANT: If you have lost significant revenue or had significantly increased necessary costs during the COVID-19 pandemic, and you sign and deliver this hardship declaration form to your landlord, you cannot be evicted until at least May 1, 2021 for nonpayment of rent or for holding over after the expiration of your lease.'

Enforcement: Stays of commercial eviction and foreclosure proceedings; courts

Citation: New York State Legislature (S.471-A, signed by Governor Andrew M. Cuomo), Chapter 73 of the Laws of 2021 (S.471-A), COVID-19 Emergency Protect Our Small Businesses Act of 2021 (Mar. 9, 2021) (Ex. NY-084) Open the exhibit

Ex. NY-085

Chapter 104 of the Laws of 2021 (S.6362-A)

An act to amend the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 and the COVID-19 Emergency Protect Our Small Businesses Act of 2021, in relation to extending the stays to August 31, 2021

New York State Legislature (S.6362-A, signed by Governor Andrew M. Cuomo), New York (State)

Dates: In force from May 4, 2021 to Aug. 31, 2021
Quarters: 2021 Q22021 Q3
Limitations: Courts and public officesOther
Functions reached: PM; CM; SV; CL
Grade: Primary source read
Days in this quarter: 62 (in force on the first day)

landlord may be able to seek eviction after [May 1] August 31, 2021... proceedings until at least [May 1] August 31, 2021.... This act shall take effect immediately and sections one, two, [and three]... shall expire [May 1] August 31, 2021.

Enforcement: Stays of proceedings; courts

Citation: New York State Legislature (S.6362-A, signed by Governor Andrew M. Cuomo), Chapter 104 of the Laws of 2021 (S.6362-A) (May 4, 2021) (Ex. NY-085) Open the exhibit

Ex. NY-134

10 NYCRR Subpart 66-3 (Face-Coverings), emergency rule I.D. No. HLT-24-21-00001-E, filed and effective May 26, 2021

Face Coverings for COVID-19 Prevention (Subpart 66-3, 'COVID-19 Emergency Regulations')

New York State Department of Health / Public Health and Health Planning Council (published by the Department of State, New York State Register, June 16, 2021, Vol. XLIII, Issue 24), New York (Sector regulator)

Dates: In force from May 26, 2021 to June 23, 2021
Quarters: 2021 Q22021 Q3
Limitations: Face-covering requirementWorkplace rules
Functions reached: SF sales floor; DR/KT food service (employees masked at all times); OF office (unvaccinated employees); HR (employer-provided coverings); CB patrons
Grade: Primary source read
Days in this quarter: 0

66-3.2 Face-Coverings (a) Any person who is over age two and able to medically tolerate a face-covering shall be required to cover their nose and mouth with a mask or face-covering when in a public place and unable to maintain, or when not maintaining, social distance, unless such person is fully vaccinated...; provided the person is not present in a pre-kindergarten to twelfth grade school, public transit, homeless shelter, correctional facility, nursing home, health care setting, or other setting where mask use is otherwise required by federal or state law or regulation. (b) Any employee who is present in the workplace and who is not fully vaccinated shall be provided and shall wear a mask or face-covering when in direct contact with customers or members of the public, or when unable to maintain social distance. Employees of food service establishments who are not fully vaccinated must…

Enforcement: Public Health Law 12 and 12-b penalties (Part 66 penalties provision); 66-3.1: applies 'for the duration of any state disaster emergency declared pursuant to sections 28 and 29-a of the Executive Law related to the outbreak of COVID-19'

Citation: New York State Department of Health / Public Health and Health Planning Council (published by the Department of State, New York State Register, June 16, 2021, Vol. XLIII, Issue 24), 10 NYCRR Subpart 66-3 (Face-Coverings), emergency rule I.D. No. HLT-24-21-00001-E, filed and effective May 26, 2021 (Ex. NY-134) Open the exhibit

Ex. NY-082

Chapter 105 of the Laws of 2021 (S.1034-B), the New York Health and Essential Rights Act (NY HERO Act)

An act to amend the labor law, in relation to the prevention of occupational exposure to an airborne infectious disease

New York State Legislature (S.1034-B, signed by Governor Andrew M. Cuomo), New York (State)

Dates: In force from June 4, 2021 to Sept. 30, 2021 (issued May 5, 2021)
Quarters: 2021 Q22021 Q3
Limitations: Workplace rulesOther
Functions reached: OF workplace; HR (plan adoption and distribution within 30 days; training); WF (controls on activation); all in-person functions
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

218-b. Prevention of occupational exposure to an airborne infectious disease... [the Commissioner of Labor] shall create and publish, in both English and Spanish, a model airborne infectious disease exposure prevention standard... 4. (a) Every employer shall establish an airborne infectious disease exposure prevention plan either by adopting the model standard relevant to their industry... or by establishing an alternative plan that meets or exceeds the minimum standards... 6. The airborne infectious disease exposure prevention plan shall be [activated when an airborne infectious disease is] designated a highly contagious communicable disease that presents a serious risk of harm to the public health

Enforcement: Labor Law 218-b: civil penalties for failure to adopt a plan and for failure to abide by an adopted plan; anti-retaliation.

Citation: New York State Legislature (S.1034-B, signed by Governor Andrew M. Cuomo), Chapter 105 of the Laws of 2021 (S.1034-B), the New York Health and Essential Rights Act (NY HERO Act) (May 5, 2021) (Ex. NY-082) Open the exhibit

Ex. NY-133

10 NYCRR Subpart 66-3 (Face-Coverings), emergency readoption I.D. No. HLT-28-21-00001-E, filed and effective June 23, 2021

Enforcement of Social Distancing Measures (Subpart 66-3, COVID-19 Emergency Regulations: Face-Coverings)

New York State Department of Health / Public Health and Health Planning Council (New York State Register, July 14, 2021, Vol. XLIII, Issue 28), New York (Sector regulator)

Dates: In force from June 23, 2021 to Aug. 27, 2021
Quarters: 2021 Q22021 Q3
Limitations: Face-covering requirementEvents and venuesWorkplace rules
Functions reached: SF; DR/KT; OF; HR; PE large venues; CB
Grade: Primary source read
Days in this quarter: 58 (in force on the first day)

66-3.1 Face-Coverings (a) Any person who is over age two and able to medically tolerate a face-covering shall be required to cover their nose and mouth with a mask or face-covering when in a public place and unable to maintain, or when not maintaining, social distance, unless such person is fully vaccinated... (b) Any employee who is present in the workplace and who is not fully vaccinated shall be provided and shall wear a mask or face-covering when in direct contact with customers or members of the public, or when unable to maintain social distance. Employees of food service establishments who are not fully vaccinated must wear a mask or face-covering at all times while at their place of work. Businesses must provide, at their expense, such face coverings for their employees. (c) large-scale indoor event venues with more than five thousand attendees shall require patrons who are not…

Enforcement: Public Health Law 12 and 12-b (Part 66); the filing recites that the rule is 'necessary to further implement face covering measures to control the spread of communicable disease, in situations in which the Governor has declared a state disaster emergency'

Citation: New York State Department of Health / Public Health and Health Planning Council (New York State Register, July 14, 2021, Vol. XLIII, Issue 28), 10 NYCRR Subpart 66-3 (Face-Coverings), emergency readoption I.D. No. HLT-28-21-00001-E, filed and effective June 23, 2021 (Ex. NY-133) Open the exhibit

Ex. NY-129

NY HERO Act: The Airborne Infectious Disease Exposure Prevention Standard (P764, v4)

The Airborne Infectious Disease Exposure Prevention Standard

New York State Department of Labor (with the Department of Health), New York (Sector regulator)

Dates: In force from July 6, 2021 to Oct. 31, 2021
Quarters: 2021 Q3
Limitations: Face-covering requirementWorkplace rulesOther
Functions reached: OF workplace; HR (plan, training, distribution); WF (health screening, face coverings, distancing, cleaning controls on activation); all in-person functions
Grade: Primary source read
Days in this quarter: 87 (in force on the last day)

1. This standard shall apply to: i. Employers with worksites located in New York State; and ii. Only an airborne infectious agent or disease designated by the Commissioner of Health as a highly contagious communicable disease that presents a serious risk of harm to the public health.... 1. Each employer shall establish a written exposure prevention plan designed to eliminate or minimize employee [exposure]... 2. Any exposure prevention plan adopted by an employer shall contain exposure controls identified in paragraph [C]... 5. The exposure prevention plan shall be reviewed and updated whenever necessary... 6. Each employer shall make the exposure prevention plan available, upon request, to all employees

Enforcement: Labor Law 218-b penalties; Department of Labor

Citation: New York State Department of Labor (with the Department of Health), NY HERO Act: The Airborne Infectious Disease Exposure Prevention Standard (P764, v4) (July 6, 2021) (Ex. NY-129) Open the exhibit

Ex. NY-130

NY HERO Act Model Airborne Infectious Disease Exposure Prevention Plan (P765)

Model Airborne Infectious Disease Exposure Prevention Plan

New York State Department of Labor, New York (Sector regulator)

Dates: In force from July 6, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Face-covering requirementWorkplace rulesOther
Functions reached: OF; HR; WF
Grade: Primary source read
Days in this quarter: 87 (in force on the last day)

This plan goes into effect when an airborne infectious disease is designated by the New York State Commissioner of Health as a highly contagious communicable disease that presents a serious risk of harm to the public health.... This plan applies to all 'employees' as defined by the New York State HERO Act, which means any person providing labor or services for remuneration for a private entity or business within the state, without regard to an individual's immigration status, and shall include part-time workers, independent contractors, domestic workers

Enforcement: Labor Law 218-b

Citation: New York State Department of Labor, NY HERO Act Model Airborne Infectious Disease Exposure Prevention Plan (P765) (July 6, 2021) (Ex. NY-130) Open the exhibit

Ex. NY-135

10 NYCRR Subpart 66-4 (COVID-19 Vaccinations of Nursing Home and Adult Care Facility Residents and Personnel), emergency readoption I.D. No. HLT-33-21-00001-E, filed and effective July 30, 2021; with 405.11/415.19 PPE (HLT-33-21-00002-E) and Part 360 Surge and Flex (HLT-33-21-00003-E), both July 30, 2021

COVID-19 Vaccinations of Nursing Home and Adult Care Facility Residents and Personnel; Hospital and Nursing Home PPE Requirements; Surge and Flex Health Coordination System

New York State Department of Health / Public Health and Health Planning Council (New York State Register, Aug. 18, 2021, Vol. XLIII, Issue 33), New York (Sector regulator)

Dates: In force from July 30, 2021 to Oct. 27, 2021
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testingSupply chain
Functions reached: HR hiring and onboarding (vaccination scheduling within seven days); RS residential admissions; IC infection control; SC PPE stockpiles (60-day supply requirements); IP surge capacity
Grade: Primary source read
Days in this quarter: 63 (in force on the last day)

(ii) within seven days of hiring new personnel, the facility shall make diligent efforts to schedule all consenting and eligible new personnel for the COVID-19 vaccination. The facility must document attempts to schedule... (3) Certifying to the Department, in a manner and frequency prescribed by the Commissioner, but in no event more often than weekly, that the facility has proactively arranged for all new unvaccinated residents and personnel an opportunity to obtain the COVID-19 vaccine within seven days of being hired, admitted, or readmitted. (c) The facility shall further provide all current and new personnel and residents who decline to be vaccinated a written affirmation for their signature... 66-4.3. Penalties. (a) A violation of any provision of this Subpart shall be subject to penalties in accordance with sections 12 and 12-b of the Public Health Law.... (c)... the Department…

Enforcement: Public Health Law 12 and 12-b; Social Services Law 460-d(7)(b)(2)(iii) 'failure in systemic practices and procedures' for adult care facilities; vaccine seizure (stated)

Citation: New York State Department of Health / Public Health and Health Planning Council (New York State Register, Aug. 18, 2021, Vol. XLIII, Issue 33), 10 NYCRR Subpart 66-4 (COVID-19 Vaccinations of Nursing Home and Adult Care Facility Residents and Personnel), emergency readoption I.D. No. HLT-33-21-00001-E, filed and effective July 30, 2021; with 405.11/415.19 PPE (HLT-33-21-00002-E) and Part 360 Surge and Flex (HLT-33-21-00003-E), both July 30, 2021 (Ex. NY-135) Open the exhibit

Ex. NY-136

12 NYCRR 840.1 (Airborne Infectious Disease Exposure Prevention Standard), emergency and proposed rule I.D. No. LAB-34-21-00002-EP, filed and effective Aug. 5, 2021

New York Health and Essential Rights Act (NY HERO Act)

New York State Department of Labor (New York State Register, Aug. 25, 2021, Vol. XLIII, Issue 34), New York (Sector regulator)

Dates: In force from Aug. 5, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Workplace rulesOther
Functions reached: OF workplace operations; HR (plan adoption, distribution, training); WF (screening, masking, distancing controls once activated)
Grade: Primary source read
Days in this quarter: 57 (in force on the last day)

Section 840.1(a), 'General Provisions,' sets forth the general provisions... Section 840.1(b), 'Exposure Prevention Plan,' sets forth the requirements [for the plan every employer must establish, activated when an airborne infectious disease is] designated by the Commissioner of Health as a highly contagious communicable disease... Section 840.1(c), 'Exposure Controls,' sets forth requirements for [controls to be included in the employer's plan]... Section 840.1(d), 'Anti-Retaliation,' prohibits employers from [retaliating]

Enforcement: Labor Law 218-b (civil penalties for failure to adopt or to abide by a plan)

Citation: New York State Department of Labor (New York State Register, Aug. 25, 2021, Vol. XLIII, Issue 34), 12 NYCRR 840.1 (Airborne Infectious Disease Exposure Prevention Standard), emergency and proposed rule I.D. No. LAB-34-21-00002-EP, filed and effective Aug. 5, 2021 (Ex. NY-136) Open the exhibit

Ex. NY-071

10 NYCRR 2.61 (Prevention of COVID-19 Transmission by Covered Entities), emergency rule I.D. No. HLT-37-21-00003-E, Filing No. 946, filed and effective Aug. 26, 2021

Prevention of COVID-19 Transmission by Covered Entities

New York State Department of Health / Public Health and Health Planning Council (New York State Register, Sept. 15, 2021, Vol. XLIII, Issue 37), New York (Sector regulator)

Dates: In force from Aug. 26, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Face-covering requirementHealth care ordersWorkplace rulesVaccination or testing
Functions reached: HR credentialing and staffing (all personnel, including contractors, students and volunteers); IC infection control; HC in-home visits (home care agencies); WF workforce (mandatory vaccination or medical exemption); IP/RS operations
Grade: Primary source read
Days in this quarter: 36 (in force on the last day)

(c) Covered entities shall continuously require personnel to be fully vaccinated against COVID-19, with the first dose for current personnel received by September 27, 2021 for general hospitals and nursing homes, and by October 7, 2021 for all other covered entities absent receipt of an exemption as allowed below.... (d) Exemptions.... (1) Medical exemption.... (e) Upon the request of the Department, covered entities must report and submit documentation... (f) Covered entities shall develop and implement a policy and procedure to ensure compliance with the provisions of this section... (g) The Department may require all personnel, whether vaccinated or unvaccinated, to wear an appropriate face covering for the setting in which such personnel are working in a covered entity. Covered entities shall supply face coverings required by this section at no cost to personnel.

Enforcement: Public Health Law 12 and 12-b; conditions of operation under 10 NYCRR 405.3, 415.26, 763.13, 766.11, 794.3, 1001.11 and 18 NYCRR 487.9, 488.9, 490.9, each amended to require documentation of vaccination or exemption 'available immediately upon request by the Department'

Citation: New York State Department of Health / Public Health and Health Planning Council (New York State Register, Sept. 15, 2021, Vol. XLIII, Issue 37), 10 NYCRR 2.61 (Prevention of COVID-19 Transmission by Covered Entities), emergency rule I.D. No. HLT-37-21-00003-E, Filing No. 946, filed and effective Aug. 26, 2021 (Ex. NY-071) Open the exhibit

Ex. NY-073

Commissioner's Determination on Indoor Masking Pursuant to 10 NYCRR 2.60

Commissioner of Health Howard A. Zucker, M.D., J.D., New York (Sector regulator)

Dates: In force from Aug. 27, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Face-covering requirementSchools and child careHealth care ordersWorkplace rules
Functions reached: IC infection control (hospitals, home care, hospice); VS visitation; RS adult care; IN schools (students and staff); WF (school-age children's masking and quarantine; transit commuters); TR transit
Grade: Primary source read
Days in this quarter: 35 (in force on the last day)

1. Healthcare settings: a. Personnel:... all personnel, regardless of vaccination status, in a healthcare setting (i.e., facilities or entities regulated under Articles 28, 36 and 40 of the Public Health Law) shall wear an appropriate face mask in accordance with applicable CDC exceptions, until this determination is modified or rescinded. b. Visitors to Healthcare Facilities:... all visitors over age two and able to medically tolerate a face covering/mask shall be required to wear a face covering/mask in health care facilities, regardless of vaccination status... 3. P-12 school settings:... universal masking of teachers, staff, students, and visitors to P-12 schools over age two and able to medically tolerate a face covering/mask, regardless of vaccination status... 4. Correctional facilities and detention centers... 5. Homeless Shelters... 6. Public Transportation Conveyances and at…

Enforcement: 10 NYCRR 2.60(f): fine up to $1,000 per violation per day; local health officers to enforce

Citation: Commissioner of Health Howard A. Zucker, M.D., J.D, Commissioner's Determination on Indoor Masking Pursuant to 10 NYCRR 2.60 (Aug. 27, 2021) (Ex. NY-073) Open the exhibit

Ex. NY-074

Commissioner's Determination on Indoor Masking Pursuant to 10 NYCRR 2.61

Commissioner of Health Howard A. Zucker, M.D., J.D., New York (Sector regulator)

Dates: In force from Aug. 27, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Face-covering requirementHealth care ordersWorkplace rules
Functions reached: IC infection control; HC in-home visits; HR
Grade: Primary source read
Days in this quarter: 35 (in force on the last day)

1. Healthcare settings: a. Personnel: After careful review and consideration of CDC recommendations for face masks in healthcare settings regulated by the Department, I hereby adopt such recommendations, imposing them as requirements, where applicable. Accordingly, all personnel, regardless of vaccination status, in a healthcare setting... shall wear an appropriate face mask

Enforcement: 10 NYCRR 2.61; Public Health Law 12, 12-b; covered entities must supply face coverings at no cost

Citation: Commissioner of Health Howard A. Zucker, M.D., J.D, Commissioner's Determination on Indoor Masking Pursuant to 10 NYCRR 2.61 (Aug. 27, 2021) (Ex. NY-074) Open the exhibit

Ex. NY-072

10 NYCRR 2.9 (COVID-19 Reporting in Schools) and 2.62 (COVID-19 Testing Requirements), emergency rule I.D. No. HLT-38-21-00002-E, Filing No. 954, filed and effective Sept. 2, 2021

COVID-19 Reporting and Testing

New York State Department of Health / Public Health and Health Planning Council (New York State Register, Sept. 22, 2021, Vol. XLIII, Issue 38), New York (Sector regulator)

Dates: In force from Sept. 2, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Schools and child careHealth care ordersWorkplace rulesVaccination or testing
Functions reached: IN schools (daily reporting; testing); HR school staff and contractors (weekly testing unless vaccinated); WF
Grade: Primary source read
Days in this quarter: 29 (in force on the last day)

2.9. COVID-19 Reporting in Schools.... every kindergarten, elementary, intermediate, or secondary school as well as any pre-kindergarten programs and school districts... shall report to the Department of Health, on a daily basis... all COVID-19 testing, positive test results... among students, teaching staff, and any other employees or volunteers.... 2.62. COVID-19 Testing Requirements. (a) As determined by the Commissioner... the Commissioner may require routine COVID-19 testing in certain settings, which may include schools, homeless shelters, correctional facilities, nursing homes, and health care settings, and which may distinguish between individuals who have received full vaccination against COVID-19 and those who have not.... (b) Enforcement and Penalties. (1) All local health officers shall take such steps as may be necessary to assist with the enforcement... (2)... Entities that…

Enforcement: Fine up to $1,000 per violation per day; civil and criminal penalties 'as provided for by law'; local health officers (stated)

Citation: New York State Department of Health / Public Health and Health Planning Council (New York State Register, Sept. 22, 2021, Vol. XLIII, Issue 38), 10 NYCRR 2.9 (COVID-19 Reporting in Schools) and 2.62 (COVID-19 Testing Requirements), emergency rule I.D. No. HLT-38-21-00002-E, Filing No. 954, filed and effective Sept. 2, 2021 (Ex. NY-072) Open the exhibit

Ex. NY-075

Commissioner's Determination on COVID-19 Testing Pursuant to 10 NYCRR 2.62

Commissioner of Health Howard A. Zucker, M.D., J.D., New York (Sector regulator)

Dates: In force from Sept. 2, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Schools and child careWorkplace rulesVaccination or testing
Functions reached: HR school staff and contractors (weekly testing or vaccination); IN instruction (exclusion rules); TR school transportation contractors; WF
Grade: Primary source read
Days in this quarter: 29 (in force on the last day)

all P-12 schools are hereby required to implement testing consistent with the following: 1. Definitions and Application: a. Teachers and Staff. This determination applies to all P-12 (public or non-public) school district faculty or staff, including all teachers, substitute teachers, student teachers, school administrators, paraprofessional staff, and support staff, including bus drivers. This determination also applies to contractors working in a P-12 school... 2. Screening a. Testing Requirement for teachers and staff: P-12 schools are required to ensure teachers and staff, as outlined above, have testing performed for COVID-19 at least once per week when a school is in a geographic area identified by the CDC as having low, moderate, substantial, or high transmission rates. Teachers and staff may be permitted to opt-out of mandatory weekly screening testing if they provide…

Enforcement: 10 NYCRR 2.62(b): fine up to $1,000 per violation per day; local health officers

Citation: Commissioner of Health Howard A. Zucker, M.D., J.D, Commissioner's Determination on COVID-19 Testing Pursuant to 10 NYCRR 2.62 (Sept. 2, 2021) (Ex. NY-075) Open the exhibit

Ex. NY-076

Interim Guidance for P-12 Schools (2021-22 school year)

Interim Guidance for P-12 Schools during the COVID-19 Public Health Emergency

New York State Department of Health, New York (Sector regulator)

Dates: In force from Sept. 2, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Face-covering requirementSchools and child careWorkplace rulesQuarantine and isolation
Functions reached: IN instruction; TR school transportation; WF (parents' workforce availability under quarantine rules); EC extended care
Grade: Primary source read
Days in this quarter: 29 (in force on the last day)

4. Masks: a) In accordance with the Commissioner's determination issued pursuant to 10 NYCRR 2.60, all students, personnel, teachers, administrators, contractors, and visitors must wear masks at all times indoors, regardless of vaccination status.... 6. In accordance the Commissioner's determination, issued pursuant to 10 NYCRR 2.62, all schools must have the capacity to offer COVID-19 testing to teachers, students, and staff... 8. Transportation:... passengers and drivers must wear a mask on school [buses]... 11. Quarantine and close contact - Consistent with CDC guidance, all 'close contacts' [are subject to quarantine]

Enforcement: Through 10 NYCRR 2.60 and 2.62 (fine up to $1,000 per violation per day; local health officers)

Citation: New York State Department of Health, Interim Guidance for P-12 Schools (2021-22 school year) (Sept. 2, 2021) (Ex. NY-076) Open the exhibit

Ex. NY-086

Chapter 417 of the Laws of 2021 (S.50001)

An act... in relation to extending the residential and commercial eviction and foreclosure protections to January 15, 2022 and providing hearings on hardship declarations

New York State Legislature (S.50001, extraordinary session, signed by Governor Kathy Hochul), New York (State)

Dates: In force from Sept. 2, 2021 to Jan. 15, 2022
Quarters: 2021 Q3
Limitations: Courts and public officesOther
Functions reached: PM; CM; SV; CL
Grade: Primary source read
Days in this quarter: 29 (in force on the last day)

On August 12, 2021, in the case Chrysafis v. Marks, the U.S. Supreme Court [enjoined part of the prior act]... [eviction proceedings] will be postponed until January 15, 2022 unless your landlord moves to [challenge your hardship declaration]... the court shall hold a hearing to determine whether [the hardship claim is valid]

Enforcement: Stays of proceedings to Jan. 15, 2022 with court hearings on challenged declarations

Citation: New York State Legislature (S.50001, extraordinary session, signed by Governor Kathy Hochul), Chapter 417 of the Laws of 2021 (S.50001) (Sept. 2, 2021) (Ex. NY-086) Open the exhibit

Ex. NY-127

Commissioner's Designation Pursuant to Labor Law 218-b for COVID-19

Commissioner of Health Howard A. Zucker, M.D., J.D., New York (Sector regulator)

Dates: In force from Sept. 6, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Face-covering requirementWorkplace rulesOther
Functions reached: OF workplace; HR; WF; all in-person functions
Grade: Primary source read
Days in this quarter: 25 (in force on the last day)

Pursuant to Labor Law 218-b and the associated regulation at 12 NYCRR 840.1, I hereby designate COVID-19 as a highly contagious communicable disease that presents a serious risk of harm to the public health in New York State, in which the Centers for Disease Control and Prevention (CDC) has identified the level of transmission of such disease as 'substantial' or 'high.' This designation will remain in effect until September 30, 2021, at which point I will review the level of transmission of COVID-19 in New York State and determine whether to continue this designation.

Enforcement: Labor Law 218-b (activation of every employer's exposure prevention plan: health screening, face coverings, distancing, hygiene, cleaning and disinfection controls)

Citation: Commissioner of Health Howard A. Zucker, M.D., J.D, Commissioner's Designation Pursuant to Labor Law 218-b for COVID-19 (Sept. 6, 2021) (Ex. NY-127) Open the exhibit

Ex. NY-132

The NY HERO Act: Information and FAQs (fact sheet, Sept. 9, 2021)

The NY HERO Act: Information & FAQs

New York State Department of Labor, New York (Sector regulator)

Dates: In force from Sept. 9, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Workplace rulesOther
Functions reached: OF; HR; WF
Grade: Primary source read
Days in this quarter: 22 (in force on the last day)

TIMELINE: May 5, 2021 - NY HERO Act signed into law. July 6, 2021 - DOL publishes model standards. August 5, 2021 (30 days after NYS DOL develops and publicizes model standards) - Deadline for New York employers to adopt an airborne infectious disease exposure plan. Employers must also provide the plan in writing to all employees... within 30 days of adopting the plan... September 4, 2021 - Employers' airborne infectious disease plan must be distributed to employees. November 1, 2021 - All employers with 10 or more employees must permit workers to establish and administer a joint labor-management workplace safety committee.... This plan must go into effect when an airborne infectious disease is designated by the New York State Commissioner of Health as a highly contagious communicable disease

Enforcement: Labor Law 218-b

Citation: New York State Department of Labor, The NY HERO Act: Information and FAQs (fact sheet, Sept. 9, 2021) (Ex. NY-132) Open the exhibit

Ex. NY-078

Frequently Asked Questions for 10 NYCRR Section 2.61 (Sept. 20, 2021)

FAQs for 10 NYCRR Section 2.61

New York State Department of Health, New York (Sector regulator)

Dates: In force from Sept. 20, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testing
Functions reached: HR; IC; WF
Grade: Primary source read
Days in this quarter: 11 (in force on the last day)

(Department's interpretive FAQs on the covered-entity vaccination rule, issued seven days before the Sept. 27, 2021 first-dose deadline)

Enforcement: Through 10 NYCRR 2.61

Citation: New York State Department of Health, Frequently Asked Questions for 10 NYCRR Section 2.61 (Sept. 20, 2021) (Ex. NY-078) Open the exhibit

Ex. NY-070

Executive Order No. 4

Declaring a Statewide Disaster Emergency Due to Healthcare Staffing Shortages in the State of New York

Governor Kathy Hochul, New York (State)

Dates: In force from Sept. 27, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Emergency declarationHealth care ordersOther
Functions reached: HR credentialing and staffing; IP inpatient capacity; RS residential care (discharge and transfer); WF
Grade: Primary source read
Days in this quarter: 4 (in force on the last day)

WHEREAS, the current staffing shortages in hospital and other healthcare facilities are expected to impact availability of care, threatening public health and safety... I do hereby declare a Statewide disaster emergency for the entire State of New York. This Executive Order shall be in effect for thirty days from the date of this Executive Order... I hereby temporarily suspend or modify, for the period from the date of this Executive Order through October 27, 2021 the following: Sections 6512 through 6516, and 6524 of the Education Law and Part 60 of Title 8 of the NYCRR, to the extent necessary to allow physicians licensed and in current good standing in any state in the United States... [and] in any province or territory of Canada... to practice medicine in New York State

Enforcement: Executive Law 29-a

Citation: Governor Kathy Hochul, Executive Order No. 4 (Sept. 27, 2021) (Ex. NY-070) Open the exhibit

Ex. NY-128

Commissioner's Designation Pursuant to Labor Law 218-b for COVID-19 (continuation)

Commissioner's Designation Pursuant to Labor Law 218-b for COVID-19, September 30, 2021

Commissioner of Health Howard A. Zucker, M.D., J.D., New York (Sector regulator)

Dates: In force from Sept. 30, 2021 to Oct. 31, 2021
Quarters: 2021 Q3
Limitations: Face-covering requirementWorkplace rulesOther
Functions reached: OF; HR; WF
Grade: Primary source read
Days in this quarter: 1 (in force on the last day)

On September 6, 2021, pursuant to Labor Law 218-b and the associated regulation at 12 NYCRR 840.1, I designated COVID-19 as a highly contagious communicable disease that presents a serious risk of harm to the public health in New York State... I hereby continue this designation until October 31, 2021

Enforcement: Labor Law 218-b

Citation: Commissioner of Health Howard A. Zucker, M.D., J.D, Commissioner's Designation Pursuant to Labor Law 218-b for COVID-19 (continuation) (Sept. 30, 2021) (Ex. NY-128) Open the exhibit

Agencies, boards and authorities: New York

Ex. AGY-ST-LABOR-WORKPLACE-003

Chapter 25 of the Laws of 2020 (S.8091)

An act providing requirements for sick leave and the provision of certain employee benefits when such employee is subject to a mandatory or precautionary order of quarantine or isolation due to COVID-19

New York State Legislature; signed by Governor Cuomo, New York; Legislature (enforced by the Department of Labor; benefits administered by the Workers' Compensation Board) (State)

Dates: In force from Mar. 18, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesQuarantine and isolation
Functions reached: WF workforce availability (every quarantined or isolated employee removed with pay); HR leave administration; OP payroll; CB (every New York employer)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

(c) For employers with one hundred or more employees as of January 1, 2020, each employee who is subject to a mandatory or precautionary order of quarantine or isolation issued by the state of New York, the department of health, local board of health, or any governmental entity duly authorized to issue such order due to COVID-19 shall be provided with at least fourteen days of paid sick leave during any mandatory or precautionary order of quarantine or isolation.

Enforcement: Labor Law enforcement by the Commissioner of Labor (civil penalties and restoration under Labor Law §§ 218, 219); job-restoration and anti-retaliation provisions (§ 1.2, 1.3 of the act)

Citation: New York State Legislature; signed by Governor Cuomo, Chapter 25 of the Laws of 2020 (S.8091) (Mar. 18, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-003) Open the exhibit

Ex. AGY-ST-UTILITIES-HOUSING-AG-006

Chapter 108 of the Laws of 2020 (S.8113-A)

An act to amend the public service law, in relation to issuing a moratorium on utility termination of services during periods of pandemics and/or state of emergencies

New York State Legislature (Sens. Parker, Hoylman, Metzger); approved by Governor Andrew M. Cuomo, New York (State legislature; enforced by the Public Service Commission) (State)

Dates: In force from June 17, 2020 to June 24, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Other
Functions reached: OP collections and termination operations of every gas, electric, steam, water and telephone utility in New York (residential terminations prohibited; 48-hour restoration duty); CB customer base (deferred payment agreements without down payment, late fees or penalties); OF mandatory bill notices and outreach; SV field termination and restoration work
Grade: Primary source read
Days in this quarter: 0

6. No utility corporation or municipality shall terminate or disconnect services to any residential customer for the non-payment of an overdue charge for the duration of the state disaster emergency declared pursuant to executive order two hundred two of two thousand twenty (herein after 'the COVID-19 state of emergency'). Utility corporations and municipalities shall have a duty to restore service, to the extent not already required under this chapter, to any residential customer within forty-eight hours if such service has been terminated during the pendency of the COVID-19 state of emergency. 7. For a period of one hundred eighty days after the COVID-19 state of emergency is lifted or expires, no utility corporation or municipality shall terminate or disconnect the service of a residential customer because of defaulted deferred payment agreements or arrears owed to the utility…

Enforcement: PSL 25 (civil penalties for violation of the Public Service Law and Commission orders) and PSL 26; the statute preserves utilities' recovery of 'lost or deferred revenues after the lifting or expiration of the COVID-19 state of emergency' (subd. 9)

Citation: New York State Legislature (Sens. Parker, Hoylman, Metzger); approved by Governor Andrew M. Cuomo, Chapter 108 of the Laws of 2020 (S.8113-A) (June 17, 2020) (Ex. AGY-ST-UTILITIES-HOUSING-AG-006) Open the exhibit

Ex. AGY-AVIATION-SURFACE-068

Systemwide cashless tolling goes live on the New York State Thruway (Nov. 14, 2020); toll booths removed thereafter

Cashless Tolling Now Live Across the Entire New York State Thruway System

New York State Thruway Authority, New York State Thruway Authority (State)

Dates: In force from Nov. 14, 2020 to Sept. 30, 2021
Quarters: 2020 Q42021 Q12021 Q22021 Q3
Limitations: Other
Functions reached: OP; WF (toll collector positions eliminated); CB
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

"Cashless tolling system" now live across the Thruway; "[the largest change for the] Thruway Authority since the first tolls were collected in 1954"; toll plazas "will be an active construction zone" during booth removal (release text as rendered).

Enforcement: Pub. Auth. Law § 361-a; 21 NYCRR part 101 (tolls by mail)

Citation: New York State Thruway Authority, Systemwide cashless tolling goes live on the New York State Thruway (Nov. 14, 2020); toll booths removed thereafter (Ex. AGY-AVIATION-SURFACE-068) Open the exhibit

Ex. AGY-ST-UTILITIES-HOUSING-AG-052

Chapter 56 of the Laws of 2021 (S.2506-C), Part BB

COVID-19 Emergency Rental Assistance Program of 2021: rental and utility arrears assistance; restrictions on eviction of applicants; stay of pending eviction proceedings pending eligibility determination; payments directly to landlords and utilities; landlord acceptance conditions

New York State Legislature; approved by Governor Andrew M. Cuomo, New York (State legislature; administered by the Office of Temporary and Disability Assistance; binding landlords and courts) (State)

Dates: In force from Apr. 16, 2021 to Sept. 30, 2021
Quarters: 2021 Q22021 Q3
Limitations: Courts and public officesOther
Functions reached: PM property management and rent collection (eviction proceedings barred or stayed for every applicant household; 12-month affirmative defense); CL courts and landlord-tenant process; OP landlord participation and documentation (outreach, 14-day and 180-day windows); CB tenants; utilities as payees
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Section 8. Restrictions on eviction. Eviction proceedings for a holdover or expired lease, or non-payment of rent or utilities that would be eligible for coverage under this program shall not be commenced against a household who has applied for this program unless or until a determination of ineligibility is made. If such eviction proceedings are commenced against a household who subsequently applies for benefits under this program, all proceedings shall be stayed pending a determination of eligibility. Evidence of a payment received pursuant to this act may be presented in such proceeding and create a presumption that the tenant's or occupant's rent or utility obligation for the time period covered by the payment has been fully satisfied. Section 9. Payments. 1. Payments shall be made for rental payments or rental and utility arrears accrued on or after March 13, 2020. No more than 12…

Enforcement: Statutory stay and bar on commencement of proceedings enforced by the courts; waiver of rent for landlords who decline provisional payments (sec. 9(2)(c))

Citation: New York State Legislature; approved by Governor Andrew M. Cuomo, Chapter 56 of the Laws of 2021 (S.2506-C), Part BB (Apr. 16, 2021) (Ex. AGY-ST-UTILITIES-HOUSING-AG-052) Open the exhibit

Ex. AGY-ST-UTILITIES-HOUSING-AG-007

Chapter 106 of the Laws of 2021 (S.1453-A)

An act to amend the public service law, in relation to extending a moratorium on utility termination of services after the COVID-19 state of emergency is lifted or expires; and to amend chapter 108 of the laws of 2020... in relation to the effectiveness thereof

New York State Legislature (Sens. Parker, Gaughran, Harckham, Hinchey, Hoylman, Kennedy); approved by Governor Andrew M. Cuomo, New York (State legislature; enforced by the Public Service Commission) (State)

Dates: In force from May 11, 2021 to June 24, 2021
Quarters: 2021 Q22021 Q3
Limitations: Other
Functions reached: OP collections (no termination of COVID-affected residential customers through the third quarter of 2021 and to Dec. 21, 2021); CB deferred payment agreements without down payment or late fees; SV termination work restrained
Grade: Primary source read
Days in this quarter: 0

7. For a period of one hundred eighty days after the COVID-19 state of emergency is lifted or expires, or until December thirty-first, two thousand twenty-one, whichever is earlier, no utility corporation or municipality shall terminate or disconnect the service of a residential customer because of defaulted deferred payment agreements or arrears owed to the utility corporation or municipality when such customer has experienced a change in financial circumstances due to the COVID-19 state of emergency, as defined by the department. The utility corporation or municipality shall provide such residential customer with the right to enter into, or restructure, a deferred payment agreement without the requirement of a down payment, late fees, or penalties, as such is provided for in this article.

Enforcement: PSL 25-26

Citation: New York State Legislature (Sens. Parker, Gaughran, Harckham, Hinchey, Hoylman, Kennedy); approved by Governor Andrew M. Cuomo, Chapter 106 of the Laws of 2021 (S.1453-A) (May 11, 2021) (Ex. AGY-ST-UTILITIES-HOUSING-AG-007) Open the exhibit

Ex. AGY-ST-LABOR-WORKPLACE-011

S.6768/A.7477 (2021), chapter amendment to the New York Health and Essential Rights Act (Labor Law § 218-b)

An act to amend the labor law, in relation to the prevention of occupational exposure to an airborne infectious disease (chapter amendments: model standard by industry; plan adoption within 30 days of the Commissioner's publication; activation upon a designation by the Commissioner of Health; workplace safety committees)

New York State Legislature; signed by Governor Cuomo June 11, 2021, New York; Legislature (Labor Law § 218-b administered by the Department of Labor and activated by the Commissioner of Health) (State)

Dates: In force from June 11, 2021 to Sept. 6, 2021
Quarters: 2021 Q22021 Q3
Limitations: Face-covering requirementWorkplace rulesQuarantine and isolation
Functions reached: EMP written exposure prevention plan for every worksite in every industry (health screening, face coverings, distancing, hygiene, cleaning, PPE, controls); HR plan distribution, posting, handbook inclusion, training; WF (exclusion of ill employees); OP administration
Grade: Primary source read
Days in this quarter: 68 (in force on the first day)

5. Every employer shall provide the airborne infectious disease exposure prevention plan to his or her employees, in writing in English and in the language identified by each employee as the primary language of such employees within thirty days after adoption of the plan, within fifteen days after reopening after a period of closure due to airborne infectious disease...

Enforcement: Labor Law § 218-b(6)-(7): civil penalties of at least $50 per day for failure to adopt a plan and $1,000 to $10,000 for failure to abide by an adopted plan (increased for repeat violations); Commissioner of Labor enforcement; private right of action

Citation: New York State Legislature; signed by Governor Cuomo June 11, 2021, S.6768/A.7477 (2021), chapter amendment to the New York Health and Essential Rights Act (Labor Law § 218-b) (June 11, 2021) (Ex. AGY-ST-LABOR-WORKPLACE-011) Open the exhibit

Ex. AGY-ST-EDUCATION-HIGHER-ED-061

Fall 2021 Reopening Plans (vaccination mandate for students attending in person; face coverings; testing for unvaccinated employees) (August 2021)

Vaccination required of all students attending in-person classes for fall 2021 (FDA approval Aug. 23, 2021 triggered the deadline), with masking and weekly testing of unvaccinated persons

CUNY Board of Trustees and Chancellor, City University of New York; State and city level (City)

Dates: In force from Aug. 16, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Face-covering requirementWorkplace rulesVaccination or testing
Functions reached: IN in-person instruction conditioned on vaccination; HR compliance; WF campus workforce; CB students
Grade: Confirmed from a secondary source
Days in this quarter: 46 (in force on the last day)

Enforcement: Exclusion from in-person classes and campus for non-compliance (Trustees' resolution)

Citation: CUNY Board of Trustees and Chancellor, Fall 2021 Reopening Plans (vaccination mandate for students attending in person; face coverings; testing for unvaccinated employees) (August 2021) (Aug. 16, 2021) (Ex. AGY-ST-EDUCATION-HIGHER-ED-061) Open the exhibit

Ex. AGY-AVIATION-SURFACE-081

MTA notice of Sept. 7, 2021: masks required when riding; mask-distribution blitz as riders return after Labor Day 2021

MTA Reminds Returning Riders That Masks Are Still Required on Public Transit (Sept. 7, 2021)

Metropolitan Transportation Authority, Metropolitan Transportation Authority (New York) (State)

Dates: In force from Sept. 7, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Face-covering requirementTravel and quarantine
Functions reached: WF; TR; CB
Grade: Primary source read
Days in this quarter: 24 (in force on the last day)

"September 7, 2021 5:30 p.[m.]... [Masks are] required when riding." "MTA will embark on a blitz of mask distribution, ramping up mask compliance messaging and distribution efforts across the system to ensure the transit system remains safe from COVID-19." "The MTA is doing our part to supply masks to everyone who needs one."

Enforcement: $50 fine; federal TSA penalties

Citation: Metropolitan Transportation Authority, MTA notice of Sept. 7, 2021: masks required when riding; mask-distribution blitz as riders return after Labor Day 2021 (Ex. AGY-AVIATION-SURFACE-081) Open the exhibit

Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-008

Announcement, 'Mayor de Blasio and Chancellor Porter Announce Health & Safety Measures for the 2021-22 School Year' (Aug. 26, 2021)

2021-22 health and safety measures: staff and contractor vaccination deadline, universal masking, testing and quarantine rules

Mayor Bill de Blasio and Schools Chancellor Meisha Porter (announcement of the Department's 2021-22 requirements; the vaccination requirement was ordered by the Commissioner of Health and Mental Hygiene, MET-NYC-040 to 042), New York City Department of Education (New York City public schools), New York (city school district) (City)

Dates: In force from Sept. 13, 2021 to Mar. 7, 2022 (issued Aug. 26, 2021)
Quarters: 2021 Q3
Limitations: Face-covering requirementSchools and child careWorkplace rulesVaccination or testingQuarantine and isolation
Functions reached: HR staff and contractor vaccination and exclusion; WF workforce of contractors (food service, custodial, bus, construction) at 1,600 buildings; IN in-person instruction under masking and testing; EC child care
Grade: Primary source read
Days in this quarter: 18 (in force on the last day)

Due to the incredible safety vaccination provides, all DOE staff and contractors in DOE buildings are required to have their first dose by September 27th and upload proof of vaccination to the DOE Vaccination portal.... Universal mask usage, physical distancing, health screenings, testing, increased hygiene, and oversight by the Situation Room worked together to provide comprehensive protection

Enforcement: Commissioner's Order under Health Code § 3.01(d) (MET-NYC-040 to 042): unvaccinated employees excluded from buildings; contractors barred from DOE premises

Citation: Mayor Bill de Blasio and Schools Chancellor Meisha Porter (announcement of the Department's 2021-22 requirements; the vaccination requirement was ordered by the Commissioner of Health and Mental Hygiene, MET-NYC-040 to 042), Announcement, 'Mayor de Blasio and Chancellor Porter Announce Health & Safety Measures for the 2021-22 School Year' (Aug. 26, 2021) (Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-008) Open the exhibit

End of general restrictions, State of New York: EO 202.108 (May 17, 2021; Ex. NY-054) ended percentage-of-occupancy capacity limits (May 19), the midnight curfew (outdoor May 17, indoor May 31) and the mask mandate for fully vaccinated persons (May 19); EO 202.111 (June 15, 2021; Ex. NY-057) ended the remaining gathering limits; EO 210 (June 24, 2021; Ex. NY-049) rescinded Executive Orders 202 through 202.111 and 205 through 205.3 'effective June 25, 2021' (2021-06-25). What remained: 10 NYCRR Subpart 66-3 (face coverings for unvaccinated persons and for unvaccinated employees in contact with the public; employers must provide them; food-service employees masked at all times; readopted June 23, 2021, in force until repealed and replaced Aug. 27, 2021 by 10 NYCRR 2.60 and the Commissioner's Determination on Indoor Masking); 10 NYCRR 2.13 (isolation and quarantine orders; readopted May 28 and Aug. 26, 2021); 10 NYCRR Subpart 66-4 (nursing-home and adult-care vaccination offering and certification; June 24 and July 30, 2021); 10 NYCRR 405.11 and 415.19 (PPE stockpiles) and Part 360 (Surge and Flex; June 24 and July 30, 2021); the NY HERO Act, Labor Law 218-b (plans mandatory Aug. 5, 2021; 12 NYCRR 840.1 filed Aug. 5, 2021; plans activated by the Commissioner's designation of Sept. 6, 2021, continued Sept. 30 to Oct. 31, 2021); 10 NYCRR 2.61 (health-care worker vaccination, Aug. 26, 2021; first doses by Sept. 27 and Oct. 7, 2021); 10 NYCRR 2.9 and 2.62 (school reporting and weekly staff testing, Sept. 2, 2021); the residential and commercial eviction and foreclosure stays (ch. 381 of 2020, ch. 73 and ch. 104 of 2021 to Aug. 31, 2021; ch. 417 of 2021 to Jan. 15, 2022); Governor Hochul's EO 4 (Sept. 27, 2021, statewide disaster emergency for health-care staffing).

Preemption of local orders, State of New York: The State occupied the field from the first week. EO 202.3 (Mar. 16, 2020; Ex. NY-010): 'No local government or political subdivision shall issue any local emergency order or declaration of emergency or disaster inconsistent with, conflicting with or superseding the foregoing directives, or any other executive order issued under Section 24 of the Executive Law and any local emergency order or any local administrative codes, charters, laws, rules or regulations, are hereby suspended with respect to any such order issued under such authority different or in conflict with Executive directives.' EO 202.5 (Mar. 18, 2020; Ex. NY-012) repeated the bar 'Notwithstanding section 24 of the Executive Law.' EO 202.6 and 202.13 (Exs. NY-003, NY-015) gave Empire State Development Corporation alone the power to decide which businesses and which construction projects were essential. EO 202.11 (Mar. 27, 2020; Ex. NY-014): 'Any guidance issued by the New York State Department of Health related to prevention and infection control of COVID-19 shall be effective immediately and shall supersede any prior conflicting guidance issued by the New York State Department of Health and any guidance issued by any local board of health, any local department of health, or any other political subdivision of the State related to the same subject.' Reopening was likewise State-controlled: regions and industries reopened only when 'the Department of Health' determined the metrics were met (EO 202.31, 202.34, 202.35, 202.41, 202.45), New York City's indoor dining was withheld and restored by the Governor alone (EO 202.48, 202.61, 202.81, 202.93, 202.96, 202.97, 202.106), and cluster zones were drawn by DOH (EO 202.68). Ch. 71 of the Laws of 2021 (Mar. 7, 2021; Ex. NY-081) then provided that 'No directive shall be extended or modified to the extent that such directive prohibits the adoption by any municipality of this state a local executive order within such municipality's existing power except where such an order conflicts with any executive order issued by the state,' and gave the Legislature power to terminate directives and the emergency by concurrent resolution. After EO 210 (June 25, 2021) the State's general orders fell away and local instruments governed alongside the DOH regulations; the Department of Health's own Register statement (Sept. 15, 2021; Ex. NY-071) records that 'local governments have separate authority and responsibilities to control disease within their jurisdictions pursuant to PHL sec. 2100 and Part 2 of the State Sanitary Code.'

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

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):

NY-133 (10 NYCRR Subpart 66-3, face coverings, readopted June 23, 2021; to Aug. 27, 2021)
NY-134 (10 NYCRR 2.13, isolation and quarantine, readopted May 28, 2021)
NY-071 (10 NYCRR 2.61 health-care worker vaccination, Aug. 26, 2021; new 10 NYCRR 2.60 face coverings, Aug. 27, 2021; 10 NYCRR 2.13 readopted Aug. 26, 2021)
NY-073 (Commissioner's Determination on Indoor Masking, Aug. 27, 2021)
NY-074 (Commissioner's Determination pursuant to 10 NYCRR 2.61, Aug. 27, 2021)
NY-078 (DOH FAQs on 10 NYCRR 2.61, Sept. 20, 2021)
NY-072 (10 NYCRR 2.9 and 2.62 school reporting and testing, Sept. 2, 2021)
NY-075 (Commissioner's Determination on COVID-19 Testing, Sept. 2, 2021)
NY-076 (DOH Interim Guidance for P-12 schools, Sept. 2, 2021)
NY-135 (Subpart 66-4 nursing-home vaccination offering, PPE stockpiles, Surge and Flex, readopted July 30, 2021)
NY-133 (Subpart 66-4, 405.11, 415.19, Part 360 first filed June 24, 2021)
NY-082 (NY HERO Act, Labor Law 218-b, in effect June 4, 2021)
NY-129 and NY-130 (DOL Airborne Infectious Disease Exposure Prevention Standard and Model Plan, July 6, 2021; plans mandatory Aug. 5, 2021)
NY-136 (12 NYCRR 840.1, filed Aug. 5, 2021)
NY-127 (Commissioner's HERO Act designation, Sept. 6, 2021)
NY-128 (designation continued Sept. 30 to Oct. 31, 2021)
NY-132 (DOL HERO Act fact sheet, Sept. 9, 2021: plans distributed by Sept. 4, 2021)
NY-085 (ch. 104 of 2021 eviction and foreclosure stays to Aug. 31, 2021)
NY-086 (ch. 417 of 2021 stays to Jan. 15, 2022, Sept. 2, 2021)
NY-084 (ch. 73 of 2021 commercial eviction stays as extended)
NY-070 (Hochul EO 4, Sept. 27, 2021)

5. Standing duties in New York

New York placed every employer under three layers of standing law before the first COVID-19 directive issued, and every directive was written on top of them. First, the Public Health Law. Section 12(1)(a) makes 'any person who violates, disobeys or disregards any term or provision of this chapter or of any lawful notice, order or regulation pursuant thereto' liable for a civil penalty of up to $2,000 for every violation (up to $5,000 for a repeat violation that was a serious threat to health and safety, and $10,000 where serious physical harm results) (Ex. DUT-NY-001); section 12-b(1) makes wilful refusal to comply with any lawful order or regulation of a local board of health or health officer a misdemeanor, and section 12-b(2) makes wilful violation of the chapter or any regulation under it punishable by up to one year's imprisonment or a $10,000 fine (Ex. DUT-NY-002); section 16 lets the Commissioner order any person maintaining 'a condition or activity which in his opinion constitutes danger to the health of the people' to 'discontinue such dangerous condition or activity or take certain action immediately' (Ex. DUT-NY-003); section 206(1) charges the Commissioner to 'take cognizance of the interests of health and life of the people of the state' and to 'investigate the causes of disease, epidemics... and the effect of localities, employments and other conditions, upon the public health' (Ex. DUT-NY-004); section 225 empowers the Public Health and Health Planning Council to make the State Sanitary Code dealing with 'any matters affecting the security of life or health' and designating the communicable diseases dangerous to the public health (Ex. DUT-NY-005), and section 229 gives the Code 'the force and effect of law' with criminal penalties for non-compliance (Ex. DUT-NY-006); section 2100 commands every local board of health and health officer to 'guard against the introduction of such communicable diseases' by 'control of all persons and things infected with or exposed to such diseases' and lets them 'prohibit and prevent all intercourse and communication with or use of infected premises, places and things' and require their 'thorough purification and cleansing' before use resumes (Ex. DUT-NY-007); section 1303(3) commands every local board to 'order the suppression and removal of all nuisances and conditions detrimental to life and health' (Ex. DUT-NY-008); and 10 NYCRR 2.53 requires cleansing or disinfection of rooms and belongings after a person affected with a communicable disease leaves them (Ex. DUT-NY-009). The Governor's directives borrowed these teeth expressly: EO 202.14 made every violation of the directives 'punishable as a violation of public health law section 12-b(2)' (Ex. NY-016), and EO 202.16 made face coverings for customer-facing employees a duty 'enforced by local governments or local law enforcement' at the business's expense (Ex. NY-017). Second, the emergency statute. Executive Law section 29-a lets the Governor suspend laws during a State disaster emergency (Ex. DUT-NY-010); chapter 23 of 2020 added, from March 3, 2020, that 'the governor, by executive order, may issue any directive during a state disaster emergency declared in the following instances:... epidemic, disease outbreak...' and that 'any such directive must be necessary to cope with the disaster and may provide for procedures reasonably necessary to enforce such directive' (Ex. NY-080); chapter 71 of 2021 ended the power to issue new directives on March 7, 2021 while keeping every existing directive alive and extendable in 30-day increments for 'a public health directive related to managing the COVID-19 pandemic' (Ex. NY-081); Executive Law section 24(5) makes knowing violation of a local emergency order a class B misdemeanor (Ex. DUT-NY-011), the offense provision behind every New York City mayoral emergency order. Third, the workplace duties. Labor Law section 200(1): all places of employment 'shall be so constructed, equipped, arranged, operated and conducted as to provide reasonable and adequate protection to the lives, health and safety of all persons employed therein or lawfully frequenting such places' (Ex. DUT-NY-013); for private employers the federal general duty clause, 29 U.S.C. 654(a)(1), applies because New York's OSHA plan covers public employers only (Ex. DUT-NY-017); and from June 2021 the NY HERO Act, Labor Law section 218-b (Ex. NY-082; codified text Ex. DUT-NY-014; amended by chapter 142 of 2021, Ex. DUT-NY-015), required each employer to adopt an airborne infectious disease exposure prevention plan within thirty days after the Commissioner of Labor published the model standards (published July 6, 2021, Ex. NY-129), to distribute and post it, and to activate it on the Commissioner of Health's designation of COVID-19 (September 6, 2021, Ex. NY-127), on pain of civil penalties of $50 per day for having no plan and $1,000 to $10,000 for not abiding by one. New York's liability shield, the Emergency or Disaster Treatment Protection Act (Public Health Law article 30-D, chapter 56 of 2020, Part GGG, April 3, 2020), protected health care facilities and professionals only, and only where the services were provided 'in accordance with applicable law, or where appropriate pursuant to a COVID-19 emergency rule' and 'in support of the state's directives' (as amended by chapter 134 of 2020, Ex. DUT-NY-016); the Legislature repealed it on April 6, 2021 (chapter 96 of 2021, Ex. DUT-NY-018). Every other New York business had no shield at all; compliance with the health directives was its only defense to negligence under section 200 and the common law. On those duties the Governor built the operating conditions: EO 202.6 ('Each employer shall reduce the in-person workforce at any work locations by 50%', Ex. NY-003), EO 202.31 and 202.35 (reopened businesses 'must be operated subject to the guidance promulgated by the Department of Health', Exs. NY-022, NY-026), the ESD guidance ('Essential Businesses must continue to comply with the guidance and directives for maintaining a clean and safe work environment issued by the Department of Health', Ex. NY-091), and the NY Forward industry guidance ('No office-based work activities can operate without meeting the following minimum State standards'; 'Responsible Parties must affirm that they have reviewed and understand the state-issued industry guidelines, and that they will implement them', Ex. NY-131). The Eastern District of New York sustained the binding character of these conditions against a due-process challenge in Columbus Ale House, Inc. v. Cuomo (Oct. 16, 2020) (Ex. DUT-NY-019), and the Attorney General pleaded in People v. Amazon.com, Inc. (Feb. 16, 2021) that section 200 'requires employers to provide reasonable and adequate protection' and that the public-health guidance 'establishes the measures employers should institute... to satisfy their obligations under Labor Law § 200' (Ex. DUT-NY-020).

The phase question

Whether the measures employers took 'beyond' the orders were voluntary. New York answer: the measures were the performance of duties imposed by statute (Public Health Law sections 12, 12-b, 16, 206, 225, 229, 1303 and 2100; Executive Law sections 24 and 29-a as amended by chapter 23 of 2020; Labor Law sections 200 and 218-b; 29 U.S.C. section 654(a)(1)), by the State Sanitary Code (10 NYCRR Part 2), and by directives that made continued operation conditional on Department of Health guidance ('must be operated subject to the guidance promulgated by the Department of Health', EO 202.31 and 202.35) and made every violation an offense under Public Health Law section 12-b(2) (EO 202.14).

The State's standing duties

Ex. DUT-NY-001

N.Y. Public Health Law § 12 (violations of health laws or regulations; penalties and injunctions)

Violations of health laws or regulations; penalties and injunctions

New York State Legislature (Public Health Law, article 1, title 2), New York (State)

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

any person who violates, disobeys or disregards any term or provision of this chapter or of any lawful notice, order or regulation pursuant thereto for which a civil penalty is not otherwise expressly prescribed by law, shall be liable to the people of the state for a civil penalty of not to exceed two thousand dollars for every such violation.

Enforcement: § 12(1)(a): civil penalty not to exceed $2,000 for every violation; § 12(1)(b): up to $5,000 for a subsequent violation within twelve months that was a serious threat to health and safety; § 12(1)(c): up to $10,000 where the violation directly results in serious physical harm; § 12(2): recovered by action brought by the Commissioner in any court of competent jurisdiction

Citation: New York State Legislature (Public Health Law, article 1, title 2), N.Y. Public Health Law § 12 (violations of health laws or regulations; penalties and injunctions) (standing) (Ex. DUT-NY-001) Open the exhibit

Ex. DUT-NY-002

N.Y. Public Health Law § 12-b (wilful violation of health laws)

Wilful violation of health laws

New York State Legislature (Public Health Law, article 1, title 2), New York (State)

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

1. A person who wilfully violates or refuses or omits to comply with any lawful order or regulation prescribed by any local board of health or local health officer, is guilty of a misdemeanor... 2. A person who wilfully violates any provision of this chapter, or any regulation lawfully made or established by any public officer or board under authority of this chapter... is punishable by imprisonment not exceeding one year, or by a fine not exceeding ten thousand dollars or by both.

Enforcement: § 12-b(1): misdemeanor (with a reduced first-offense penalty only for a tenant's own dwelling unit or an owner-occupied one- or two-family dwelling); § 12-b(2): imprisonment not exceeding one year, or a fine not exceeding $10,000, or both

Citation: New York State Legislature (Public Health Law, article 1, title 2), N.Y. Public Health Law § 12-b (wilful violation of health laws) (standing) (Ex. DUT-NY-002) Open the exhibit

Ex. DUT-NY-003

N.Y. Public Health Law § 16 (summary action)

Summary action

New York State Legislature (Public Health Law, article 1, title 2); power exercised by the Commissioner of Health, New York (State)

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

Whenever the commissioner, after investigation, is of the opinion that any person is causing, engaging in or maintaining a condition or activity which in his opinion constitutes danger to the health of the people... the commissioner shall order the person, including any state agency or political subdivision having jurisdiction, by written notice to discontinue such dangerous condition or activity or take certain action immediately or within a specified period of less than fifteen days.

Enforcement: Enforced through § 12 (civil penalty up to $2,000 per violation and higher tiers) and § 12-b (criminal); the order itself operates immediately

Citation: New York State Legislature (Public Health Law, article 1, title 2); power exercised by the Commissioner of Health, N.Y. Public Health Law § 16 (summary action) (standing) (Ex. DUT-NY-003) Open the exhibit

Ex. DUT-NY-004

N.Y. Public Health Law § 206 (Commissioner; general powers and duties)

Commissioner; general powers and duties

New York State Legislature (Public Health Law, article 2, title 1); Commissioner of Health, New York (State)

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

1. The commissioner shall: (a) take cognizance of the interests of health and life of the people of the state, and of all matters pertaining thereto and exercise the functions, powers and duties of the department prescribed by law; (b) exercise general supervision over the work of all local boards of health and health officers... (d) investigate the causes of disease, epidemics, the sources of mortality, and the effect of localities, employments and other conditions, upon the public health.

Enforcement: None in the section itself; the orders, regulations and determinations issued under it are enforced through §§ 12, 12-b, 16 and 229

Citation: New York State Legislature (Public Health Law, article 2, title 1); Commissioner of Health, N.Y. Public Health Law § 206 (Commissioner; general powers and duties) (standing) (Ex. DUT-NY-004) Open the exhibit

Ex. DUT-NY-005

N.Y. Public Health Law § 225 (Public Health and Health Planning Council; State Sanitary Code)

Public health and health planning council; sanitary code

New York State Legislature (Public Health Law, article 2, title 2); Public Health and Health Planning Council with the Commissioner's approval, New York (State)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Face-covering requirementVaccination or testingQuarantine and isolationStanding duty
Character: sanitary code duty
Grade: Primary source read

4. The public health and health planning council shall have power... to establish, and from time to time, amend and repeal sanitary regulations, to be known as the sanitary code of the state of New York, subject to approval by the commissioner. 5. The sanitary code may: (a) deal with any matters affecting the security of life or health or the preservation and improvement of public health in the state of New York... (h) designate the communicable diseases which are dangerous to the public health.

Enforcement: § 229: the Code has 'the force and effect of law'; non-compliance is a violation punishable by fine and imprisonment (Ex. DUT-NY-006); § 12 civil penalties (Ex. DUT-NY-001)

Citation: New York State Legislature (Public Health Law, article 2, title 2); Public Health and Health Planning Council with the Commissioner's approval, N.Y. Public Health Law § 225 (Public Health and Health Planning Council; State Sanitary Code) (standing) (Ex. DUT-NY-005) Open the exhibit

Ex. DUT-NY-006

N.Y. Public Health Law § 229 (sanitary code; violation; penalties)

Sanitary code; violation; penalties

New York State Legislature (Public Health Law, article 2, title 2), New York (State)

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

The provisions of the sanitary code shall have the force and effect of law and the non-compliance or non-conformance with any provision thereof shall constitute a violation punishable on conviction for a first offense by a fine not exceeding two hundred fifty dollars or by imprisonment for not exceeding fifteen days, or both; and for a second or subsequent offense by a fine not exceeding five hundred dollars or by imprisonment for not exceeding fifteen days, or both.

Enforcement: First offense: fine up to $250 or imprisonment up to fifteen days, or both; second or subsequent offense: fine up to $500 or imprisonment up to fifteen days, or both; § 12 civil penalties in addition

Citation: New York State Legislature (Public Health Law, article 2, title 2), N.Y. Public Health Law § 229 (sanitary code; violation; penalties) (standing) (Ex. DUT-NY-006) Open the exhibit

Ex. DUT-NY-007

N.Y. Public Health Law § 2100 (communicable diseases; local boards of health and health officers; powers and duties)

Communicable diseases; local boards of health and health officers; powers and duties

New York State Legislature (Public Health Law, article 21, title 1); powers exercised by local boards of health and health officers, New York (State)

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

1. Every local board of health and every health officer shall guard against the introduction of such communicable diseases as are designated in the sanitary code, by the exercise of proper and vigilant medical inspection and control of all persons and things infected with or exposed to such diseases. 2. Every local board of health and every health officer may: (a) provide for care and isolation of cases... (b)... prohibit and prevent all intercourse and communication with or use of infected premises, places and things

Enforcement: § 12-b(1): wilful refusal to comply with a lawful order of a local board of health or health officer is a misdemeanor (Ex. DUT-NY-002); § 12: civil penalty up to $2,000 per violation (Ex. DUT-NY-001)

Citation: New York State Legislature (Public Health Law, article 21, title 1); powers exercised by local boards of health and health officers, N.Y. Public Health Law § 2100 (communicable diseases; local boards of health and health officers; powers and duties) (standing) (Ex. DUT-NY-007) Open the exhibit

Ex. DUT-NY-008

N.Y. Public Health Law § 1303 (nuisances; local boards of health; general powers and duties)

Nuisances; local boards of health; general powers and duties

New York State Legislature (Public Health Law, article 13, title 1); powers exercised by local boards of health and health officers, New York (State)

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

3. Every local board of health shall order the suppression and removal of all nuisances and conditions detrimental to life and health found to exist within the health district.

Enforcement: § 12-b(1): misdemeanor for wilful refusal to comply with a lawful order of a local board of health (Ex. DUT-NY-002); § 12 civil penalties (Ex. DUT-NY-001)

Citation: New York State Legislature (Public Health Law, article 13, title 1); powers exercised by local boards of health and health officers, N.Y. Public Health Law § 1303 (nuisances; local boards of health; general powers and duties) (standing) (Ex. DUT-NY-008) Open the exhibit

Ex. DUT-NY-009

10 NYCRR § 2.53 (cleansing, renovation or disinfection, when required)

Cleansing, renovation or disinfection, when required

Public Health and Health Planning Council (State Sanitary Code, 10 NYCRR Part 2, Communicable Diseases), New York (State)

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

Adequate cleansing, renovation or disinfection of rooms, furniture, clothing and belongings when deemed necessary by the health officer or required by the Public Health Law or by this Chapter shall immediately follow release, death or removal of a person affected with a communicable disease. Such cleansing, renovation or disinfection shall be done under the direction of the health officer.

Enforcement: § 229: fine and imprisonment for non-compliance with the Sanitary Code (Ex. DUT-NY-006); § 12 civil penalties (Ex. DUT-NY-001)

Citation: Public Health and Health Planning Council (State Sanitary Code, 10 NYCRR Part 2, Communicable Diseases), 10 NYCRR § 2.53 (cleansing, renovation or disinfection, when required) (standing) (Ex. DUT-NY-009) Open the exhibit

Ex. DUT-NY-010

N.Y. Executive Law § 29-a (suspension of other laws; directives)

Suspension of other laws

New York State Legislature (Executive Law, article 2-B, State and Local Natural and Man-made Disaster Preparedness), New York (State)

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

the governor may by executive order temporarily suspend specific provisions of any statute, local law, ordinance, or orders, rules or regulations, or parts thereof, of any agency during a state disaster emergency, if compliance with such provisions would prevent, hinder, or delay action necessary to cope with the disaster.... 3. Such suspensions shall be effective from the time and in the manner prescribed in such orders

Enforcement: As recited in the directives: Public Health Law § 12 civil penalties (EO 202.6, Ex. NY-003) and § 12-b(2) criminal penalties (EO 202.14, Ex. NY-016); § 29-a(4): the Legislature may terminate executive orders by concurrent resolution

Citation: New York State Legislature (Executive Law, article 2-B, State and Local Natural and Man-made Disaster Preparedness), N.Y. Executive Law § 29-a (suspension of other laws; directives) (standing) (Ex. DUT-NY-010) Open the exhibit

Ex. DUT-NY-011

N.Y. Executive Law § 24 (local state of emergency; local emergency orders by chief executive)

Local state of emergency; local emergency orders by chief executive

New York State Legislature (Executive Law, article 2-B); powers exercised by the chief executive of every county, city, town and village, New York (State)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declarationStay-at-homeBusiness closureGathering capCurfew and hoursStanding duty
Character: order penalty
Grade: Primary source read

such chief executive may proclaim a local state of emergency... and may promulgate local emergency orders to protect life and property or to bring the emergency situation under control. As illustration, such orders may... provide for: a. the establishment of a curfew... c. the regulation and closing of places of amusement and assembly;... e. the prohibition and control of the presence of persons on public streets and places;... 5. Any person who knowingly violates any local emergency order of a chief executive promulgated pursuant to this section is guilty of a class B misdemeanor.

Enforcement: § 24(5): knowing violation of a local emergency order is a class B misdemeanor

Citation: New York State Legislature (Executive Law, article 2-B); powers exercised by the chief executive of every county, city, town and village, N.Y. Executive Law § 24 (local state of emergency; local emergency orders by chief executive) (standing) (Ex. DUT-NY-011) Open the exhibit

Ex. DUT-NY-012

N.Y. Labor Law § 27-d (workplace safety committees)

Workplace safety committees

New York State Legislature (Labor Law, article 2; NY HERO Act, L. 2021, ch. 105, § 2, as amended by L. 2021, ch. 142), New York (State)

Dates: Standing (2021-11-01)
Limitations: Workplace rulesStanding duty
Character: workplace duty
Grade: Primary source read

2. Employers shall permit employees to establish and administer a joint labor-management workplace safety committee, but not more than one committee per worksite

Enforcement: Enforced by the Commissioner of Labor under the Labor Law's general enforcement provisions; anti-retaliation protections in the section

Citation: New York State Legislature (Labor Law, article 2; NY HERO Act, L. 2021, ch. 105, § 2, as amended by L. 2021, ch. 142), N.Y. Labor Law § 27-d (workplace safety committees) (standing) (Ex. DUT-NY-012) Open the exhibit

Ex. DUT-NY-013

N.Y. Labor Law § 200 (general duty to protect health and safety of employees; enforcement)

General duty to protect health and safety of employees; enforcement

New York State Legislature (Labor Law, article 7, general provisions), New York (State)

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

1. All places to which this chapter applies shall be so constructed, equipped, arranged, operated and conducted as to provide reasonable and adequate protection to the lives, health and safety of all persons employed therein or lawfully frequenting such places.

Enforcement: § 200(2): the Commissioner of Labor may post a notice prohibiting 'further work in or occupancy of such area until the dangerous condition is corrected'; civil liability in negligence (the section codifies the common-law duty); Labor Law civil penalties

Citation: New York State Legislature (Labor Law, article 7, general provisions), N.Y. Labor Law § 200 (general duty to protect health and safety of employees; enforcement) (standing) (Ex. DUT-NY-013) Open the exhibit

Ex. DUT-NY-014

N.Y. Labor Law § 218-b (prevention of occupational exposure to an airborne infectious disease), codified text as amended

Prevention of occupational exposure to an airborne infectious disease

New York State Legislature (Labor Law, article 7; NY HERO Act, L. 2021, ch. 105, § 1, as amended by L. 2021, ch. 142); Commissioner of Labor in consultation with the Commissioner of Health, New York (State)

Dates: Standing (2021-07-04 (statute); plans due 2021-08-05 (thirty days after the July 6, 2021 model standards, Ex. NY-129); plans activated 2021-09-06 (Commissioner of Health designation, Ex. NY-127))
Quarters: 2021 Q3
Limitations: Capacity limitFace-covering requirementWorkplace rulesQuarantine and isolationStanding duty
Character: covid workplace rule
Grade: Primary source read

4. (a) Within thirty days after the commissioner publishes the model general standard and the model standard relevant to the industry, each employer shall establish an airborne infectious disease exposure prevention plan either by adopting the model standard relevant to their industry promulgated pursuant to this section as its airborne infectious disease exposure prevention plan or by establishing an alternative plan that equals or exceeds the minimum standards provided by the model standard.

Enforcement: § 218-b(10)(a): civil penalty 'of not less than fifty dollars per day for failure to adopt an airborne infectious disease exposure prevention plan, or not less than one thousand dollars nor more than ten thousand dollars for failure to abide by an adopted' plan, higher for a violation within six years; § 218-b(8): anti-retaliation, including the employee's right to refuse work under conditions…

Citation: New York State Legislature (Labor Law, article 7; NY HERO Act, L. 2021, ch. 105, § 1, as amended by L. 2021, ch. 142); Commissioner of Labor in consultation with the Commissioner of Health, N.Y. Labor Law § 218-b (prevention of occupational exposure to an airborne infectious disease), codified text as amended (standing) (Ex. DUT-NY-014) Open the exhibit

Ex. DUT-NY-015

Chapter 142 of the Laws of 2021 (S. 6768), amending Labor Law §§ 218-b and 27-d and the effective date of chapter 105 of 2021 (NY HERO Act)

An act to amend the labor law and chapter 105 of the laws of 2021, in relation to preventing occupational exposure to an airborne infectious disease and workplace safety committees

New York State Legislature (S. 6768, signed by Governor Cuomo June 11, 2021), New York (State)

Dates: Standing (2021-06-11 (immediately; resets ch. 105, § 1 to take effect on the sixtieth day after May 5, 2021 and § 2 on the one hundred eightieth day))
Quarters: 2021 Q22021 Q3
Limitations: Workplace rulesStanding duty
Character: covid workplace rule
Grade: Primary source read

4. (a) [Every] Within thirty days after the commissioner publishes the model general standard and the model standard relevant to the industry, each employer shall establish an airborne infectious disease exposure prevention plan

Enforcement: As in Labor Law § 218-b(10) (Ex. DUT-NY-014)

Citation: New York State Legislature (S. 6768, signed by Governor Cuomo June 11, 2021), Chapter 142 of the Laws of 2021 (S. 6768), amending Labor Law §§ 218-b and 27-d and the effective date of chapter 105 of 2021 (NY HERO Act) (standing) (Ex. DUT-NY-015) Open the exhibit

Ex. DUT-NY-016

Chapter 134 of the Laws of 2020 (S. 8835), amending Public Health Law §§ 3081(5) and 3082(1) (Emergency or Disaster Treatment Protection Act)

An act to amend the public health law, in relation to amending provisions regarding health care facilities and professionals during the COVID-19 emergency

New York State Legislature (S. 8835, signed by Governor Cuomo August 3, 2020), amending Public Health Law article 30-D (Emergency or Disaster Treatment Protection Act, enacted April 3, 2020 as Part GGG of chapter 56 of 2020), New York (State)

Dates: Standing (2020-08-03 (amendment); article 30-D from April 3, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations: Health care ordersStanding dutyOperating condition
Character: liability shield condition
Grade: Primary source read

any health care facility or health care professional shall have immunity from any liability, civil or criminal, for any harm or damages alleged to have been sustained as a result of an act or omission in the course of providing health care services, if: (a) the health care facility or health care professional is providing health care services in accordance with applicable law, or where appropriate pursuant to a COVID-19 emergency rule

Enforcement: Loss of immunity: a facility or professional not acting 'in accordance with applicable law' or the COVID-19 emergency rules answered in ordinary civil and criminal liability

Citation: New York State Legislature (S. 8835, signed by Governor Cuomo August 3, 2020), amending Public Health Law article 30-D (Emergency or Disaster Treatment Protection Act, enacted April 3, 2020 as Part GGG of chapter 56 of 2020), Chapter 134 of the Laws of 2020 (S. 8835), amending Public Health Law §§ 3081(5) and 3082(1) (Emergency or Disaster Treatment Protection Act) (Aug. 3, 2020) (Ex. DUT-NY-016) Open the exhibit

Ex. DUT-NY-017

29 U.S.C. § 654 (duties of employers and employees; the general duty clause), 2020 edition

Duties of employers and employees

Congress (Occupational Safety and Health Act of 1970, § 5), United States (applies to every private employer in New York; New York's OSHA plan covers public employers only) (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesStanding duty
Character: workplace 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.

Enforcement: 29 U.S.C. § 666 (civil penalties per violation, as adjusted for inflation; willful and repeated violations at higher amounts; criminal penalties for willful violations causing death)

Citation: Congress (Occupational Safety and Health Act of 1970, § 5), 29 U.S.C. § 654 (duties of employers and employees; the general duty clause), 2020 edition (standing) (Ex. DUT-NY-017) Open the exhibit

Ex. DUT-NY-018

Chapter 96 of the Laws of 2021 (S. 5177), repealing Public Health Law article 30-D (Emergency or Disaster Treatment Protection Act)

An act to repeal article 30-d of the public health law relating to the emergency or disaster treatment protection act

New York State Legislature (S. 5177, signed by Governor Cuomo April 6, 2021), New York (State)

Dates: Standing (2021-04-06 ('This act shall take effect immediately'))
Quarters: 2021 Q22021 Q3
Limitations: Health care ordersStanding duty
Character: liability shield condition
Grade: Primary source read

Section 1. Article 30-d of the public health law is REPEALED. § 2. This act shall take effect immediately.

Enforcement: Not applicable (repeal); ordinary civil and criminal liability restored prospectively

Citation: New York State Legislature (S. 5177, signed by Governor Cuomo April 6, 2021), Chapter 96 of the Laws of 2021 (S. 5177), repealing Public Health Law article 30-D (Emergency or Disaster Treatment Protection Act) (standing) (Ex. DUT-NY-018) Open the exhibit

Ex. DUT-NY-019

Columbus Ale House, Inc. v. Cuomo, No. 1:20-cv-04291-BMC, Doc. 20 (E.D.N.Y. Oct. 16, 2020) (memorandum decision and order denying preliminary injunction against the midnight closing rule for New York City food service establishments)

Memorandum Decision and Order, Columbus Ale House, Inc. d/b/a The Graham v. Andrew M. Cuomo

Hon. Brian M. Cogan, U.S.D.J., New York (United States District Court for the Eastern District of New York) (Court)

Dates: Standing (2020-10-16 (ruling announced from the bench October 6, 2020))
Quarters: 2020 Q4
Limitations: Capacity limitCurfew and hoursAlcohol and bars
Character: adjudication
Grade: Primary source read

Under Jacobson, the state may curtail constitutional rights in response to a society-threatening epidemic so long as the measures have at least some "real or substantial relation" to the public health crisis and are not "beyond all question, a plain, palpable invasion of rights secured by the fundamental law."

Enforcement: Not applicable (judicial decision); the underlying directive was enforced through Public Health Law §§ 12 and 12-b and the State Liquor Authority (Exs. NY-016, NY-102, NY-103)

Citation: Hon. Brian M. Cogan, U.S.D.J, Columbus Ale House, Inc. v. Cuomo, No. 1:20-cv-04291-BMC, Doc. 20 (E.D.N.Y. Oct. 16, 2020) (memorandum decision and order denying preliminary injunction against the midnight closing rule for New York City food service establishments) (Ex. DUT-NY-019) Open the exhibit

Ex. DUT-NY-020

Summons and Complaint, People of the State of New York v. Amazon.com, Inc., Amazon.com Sales, Inc. and Amazon.com Services LLC, Index No. 45362/2021 (as printed on the NYSCEF header), NYSCEF Doc. No. 1 (Sup. Ct. N.Y. Cnty. filed Feb. 16, 2021)

Summons and Complaint (Labor Law §§ 200, 215 and 740; COVID-19 workplace protections at the JFK8 and DBK1 facilities)

Letitia James, Attorney General of the State of New York (plaintiff, People of the State of New York), New York (Supreme Court of the State of New York, New York County) (State)

Dates: Standing (2021-02-16 (filed))
Quarters: 2021 Q1
Limitations: Workplace rulesStanding duty
Character: litigation filing
Grade: Primary source read

New York Labor Law § 200 requires employers to provide reasonable and adequate protection to the lives, health, and safety of their employees. During the coronavirus pandemic, public health agencies have issued guidance that establishes the measures employers should institute to protect their employees from the virus and to satisfy their obligations under Labor Law § 200.

Enforcement: Relief sought under Exec. Law § 63(12) and Labor Law §§ 200, 215 and 740 (injunction, restitution, damages, civil penalties)

Citation: Letitia James, Attorney General of the State of New York (plaintiff, People of the State of New York), Summons and Complaint, People of the State of New York v. Amazon.com, Inc., Amazon.com Sales, Inc. and Amazon.com Services LLC, Index No. 45362/2021 (as printed on the NYSCEF header), NYSCEF Doc. No. 1 (Sup. Ct. N.Y. Cnty. filed Feb. 16, 2021) (Ex. DUT-NY-020) Open the exhibit

Federal standing duties

Ex. DUT-FED-001

29 U.S.C. 654 (OSH Act § 5, the general duty clause)

Duties of employers and employees

Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), United States (Federal)

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

(a) Each employer-- (1) shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees; (2) shall comply with occupational safety and health standards promulgated under this chapter. (b) Each employee shall comply with occupational safety and health standards and all rules, regulations, and orders issued pursuant to this chapter which are applicable to his own actions and conduct.

Enforcement: 29 U.S.C. 666: civil penalties for serious, other-than-serious, willful and repeated violations (2020-2021 maxima $13,494 per serious violation and $134,937 per willful or repeated violation, 29 C.F.R. 1903.15(d)); willful violations causing death are criminal (29 U.S.C. 666(e)).

Citation: Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001) Open the exhibit

Ex. DUT-FED-002

29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation)

Judicial review; discharge or discrimination against employee for exercise of rights

Congress (OSH Act § 11(c)), United States (Federal)

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

No person shall discharge or in any manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter or has testified or is about to testify in any such proceeding or because of the exercise by such employee on behalf of himself or others of any right afforded by this chapter.

Enforcement: 29 U.S.C. 660(c)(2): Secretary's suit in district court for reinstatement with back pay and 'all appropriate relief'

Citation: Congress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002) Open the exhibit

Ex. DUT-FED-003

29 C.F.R. 1910.132 (personal protective equipment, general requirements)

General requirements (Subpart I, Personal Protective Equipment)

Occupational Safety and Health Administration (standard promulgated under 29 U.S.C. 655), United States (Federal)

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

(a) Application. Protective equipment, including personal protective equipment for eyes, face, head, and extremities, protective clothing, respiratory devices, and protective shields and barriers, shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards of processes or environment... (d)(1) The employer shall assess the workplace to determine if hazards are present, or are likely to be present, which necessitate the use of personal protective equipment (PPE).

Enforcement: 29 U.S.C. 666 (civil penalties per violation)

Citation: Occupational Safety and Health Administration (standard promulgated under 29 U.S.C. 655), 29 C.F.R. 1910.132 (personal protective equipment, general requirements) (standing) (Ex. DUT-FED-003) Open the exhibit

Ex. DUT-FED-004

29 C.F.R. 1910.134 (respiratory protection)

Respiratory protection

Occupational Safety and Health Administration, United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersWorkplace rulesStanding duty
Character: regulatory duty
Grade: Primary source read

(a)(2) A respirator shall be provided to each employee when such equipment is necessary to protect the health of such employee. The employer shall provide the respirators which are applicable and suitable for the purpose intended. The employer shall be responsible for the establishment and maintenance of a respiratory protection program... (c)(1)... the employer to develop and implement a written respiratory protection program with required worksite-specific procedures and elements for required respirator use.

Enforcement: 29 U.S.C. 666

Citation: Occupational Safety and Health Administration, 29 C.F.R. 1910.134 (respiratory protection) (standing) (Ex. DUT-FED-004) Open the exhibit

Ex. DUT-FED-005

29 C.F.R. 1910.141 (sanitation)

Sanitation (Subpart J)

Occupational Safety and Health Administration, United States (Federal)

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

(a)(3)(i) All places of employment shall be kept clean to the extent that the nature of the work allows.... (d)(1) Washing facilities shall be maintained in a sanitary condition.

Enforcement: 29 U.S.C. 666

Citation: Occupational Safety and Health Administration, 29 C.F.R. 1910.141 (sanitation) (standing) (Ex. DUT-FED-005) Open the exhibit

Ex. DUT-FED-006

29 C.F.R. part 1904 (recording and reporting occupational injuries and illnesses), §§ 1904.4, 1904.5, 1904.7, 1904.39

Recording and Reporting Occupational Injuries and Illnesses

Occupational Safety and Health Administration, United States (Federal)

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

§ 1904.39(a)(1): Within eight (8) hours after the death of any employee as a result of a work-related incident, you must report the fatality to the Occupational Safety and Health Administration (OSHA)... (a)(2): Within twenty-four (24) hours after the in-patient hospitalization of one or more employees... as a result of a work-related incident, you must report the in-patient hospitalization... to OSHA.

Enforcement: 29 U.S.C. 666

Citation: Occupational Safety and Health Administration, 29 C.F.R. part 1904 (recording and reporting occupational injuries and illnesses), §§ 1904.4, 1904.5, 1904.7, 1904.39 (standing) (Ex. DUT-FED-006) Open the exhibit

Ex. DUT-FED-007

29 C.F.R. 1910.1030 (bloodborne pathogens)

Bloodborne pathogens

Occupational Safety and Health Administration, United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersWorkplace rulesStanding duty
Character: regulatory duty
Grade: Primary source read

(c)(1)(i) Each employer having an employee(s) with occupational exposure as defined by paragraph (b) of this section shall establish a written Exposure Control Plan designed to eliminate or minimize employee exposure.... (d)(1) Universal precautions shall be observed to prevent contact with blood or other potentially infectious materials.

Enforcement: 29 U.S.C. 666

Citation: Occupational Safety and Health Administration, 29 C.F.R. 1910.1030 (bloodborne pathogens) (standing) (Ex. DUT-FED-007) Open the exhibit

Ex. DUT-FED-008

29 C.F.R. part 1977 (discrimination against employees exercising rights under the OSH Act), § 1977.12(b)(2)

Discrimination Against Employees Exercising Rights Under the Williams-Steiger Occupational Safety and Health Act of 1970

Occupational Safety and Health Administration (interpretive regulations under OSH Act § 11(c)), United States (Federal)

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

§ 1977.12(b)(2):... If the employee, with no reasonable alternative, refuses in good faith to expose himself to the dangerous condition, he would be protected against subsequent discrimination. The condition causing the employee's apprehension of death or injury must be of such a nature that a reasonable person, under the circumstances then confronting the employee, would conclude that there is a real danger of death or serious injury and that there is insufficient time, due to the urgency of the situation, to eliminate the danger through resort to regular statutory enforcement channels.

Enforcement: 29 U.S.C. 660(c)(2)

Citation: Occupational Safety and Health Administration (interpretive regulations under OSH Act § 11(c)), 29 C.F.R. part 1977 (discrimination against employees exercising rights under the OSH Act), § 1977.12(b)(2) (standing) (Ex. DUT-FED-008) Open the exhibit

Ex. DUT-FED-009

OSHA COVID-19 'Standards' page (statement of the general duty clause and the standing standards applicable to SARS-CoV-2)

COVID-19 - Standards (OSHA Safety and Health Topics)

Occupational Safety and Health Administration (agency web publication, COVID-19 Safety and Health Topics, 'Standards'), United States (Federal)

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

The General Duty Clause, Section 5(a)(1) of the Occupational Safety and Health (OSH) Act of 1970, 29 USC 654(a)(1), which requires employers to furnish to each worker 'employment and a place of employment, which are free from recognized hazards that are causing or are likely to cause death or serious physical harm.'... OSHA's Bloodborne Pathogens standard (29 CFR 1910.1030) applies to occupational exposure to human blood... Recordkeeping and Reporting Occupational Injuries and Illness (29 CFR 1904)... 1910.132, General requirements... 1910.134.

Enforcement: as the underlying provisions provide

Citation: Occupational Safety and Health Administration (agency web publication, COVID-19 Safety and Health Topics, 'Standards'), OSHA COVID-19 'Standards' page (statement of the general duty clause and the standing standards applicable to SARS-CoV-2) (standing) (Ex. DUT-FED-009) Open the exhibit

Ex. DUT-FED-010

Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (posted Jan. 29, 2021)

Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace

Occupational Safety and Health Administration (issued under Executive Order 13999 § 2(a)), United States (Federal)

Dates: Standing (2021-01-29)
Quarters: 2021 Q12021 Q2
Limitations: Face-covering requirementWorkplace rulesQuarantine and isolation
Character: agency guidance recommendation
Grade: Primary source read

This guidance is not a standard or regulation, and it creates no new legal obligations. It contains recommendations as well as descriptions of existing mandatory safety and health standards.... Employers should implement COVID-19 Prevention Programs in the workplace.... In addition, the Act's General Duty Clause, Section 5(a)(1), requires employers to provide their workers with a workplace free from recognized hazards that are causing or likely to cause death or serious physical harm.... employers still are required under the General Duty Clause, Section 5(a)(1) of the OSH Act, to...

Enforcement: none in the guidance; the general duty clause and standards it describes carry 29 U.S.C. 666 penalties

Citation: Occupational Safety and Health Administration (issued under Executive Order 13999 § 2(a)), Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (posted Jan. 29, 2021) (Ex. DUT-FED-010) Open the exhibit

Ex. DUT-FED-011

Protecting Workers guidance, as updated August 13, 2021

Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (posted January 29, 2021; updated June 10 and August 13, 2021)

Occupational Safety and Health Administration, United States (Federal)

Dates: Standing (2021-08-13)
Quarters: 2021 Q3
Limitations: Face-covering requirementWorkplace rulesVaccination or testing
Character: agency guidance recommendation
Grade: Primary source read

Guidance posted January 29, 2021; Updated June 10, [2021]; Summary of changes August 13, 2021... [recommendations for workers who are unvaccinated or otherwise at-risk, and] new guidance involving workers who are fully vaccinated but [in areas of substantial or high transmission].

Enforcement: as the general duty clause provides

Citation: Occupational Safety and Health Administration, Protecting Workers guidance, as updated August 13, 2021 (Aug. 13, 2021) (Ex. DUT-FED-011) Open the exhibit

Ex. DUT-FED-013

Guidance on Returning to Work (OSHA 4045, June 2020)

Guidance on Returning to Work

Occupational Safety and Health Administration, United States (Federal)

Dates: Standing (2020-06)
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Capacity limitFace-covering requirementWorkplace rules
Character: agency guidance recommendation
Grade: Primary source read

This guidance is not a standard or regulation, and it creates no new legal obligations. It contains recommendations as well as descriptions of mandatory safety and health standards.... In addition, the Act's General Duty Clause, Section 5(a)(1), requires employers to provide their employees with a workplace free from recognized hazards likely to cause death or serious physical harm.

Enforcement: as the general duty clause and standards provide

Citation: Occupational Safety and Health Administration, Guidance on Returning to Work (OSHA 4045, June 2020) (June 17, 2020) (Ex. DUT-FED-013) Open the exhibit

Ex. DUT-FED-015

Citation and Notification of Penalty, Smithfield Packaged Meats Corp., Sioux Falls, SD (general duty clause, one serious violation)

OSHA Inspection Detail 1472736, Smithfield Packaged Meats Corp.

OSHA, Sioux Falls Area Office (enforcement record: inspection detail, Inspection No. 1472736), United States (South Dakota) (Federal)

Dates: Standing (2020-09-09)
Quarters: 2020 Q3
Limitations: Workplace rules
Character: enforcement record
Grade: Primary source read

NAICS: 311611/Animal (except Poultry) Slaughtering... Inspection Type: Complaint... Initial Violations 1 [Serious]... Initial Penalty $13,494.

Enforcement: $13,494 proposed

Citation: OSHA, Sioux Falls Area Office (enforcement record: inspection detail, Inspection No. 1472736), Citation and Notification of Penalty, Smithfield Packaged Meats Corp., Sioux Falls, SD (general duty clause, one serious violation) (Sept. 9, 2020) (Ex. DUT-FED-015) Open the exhibit

Ex. DUT-FED-016

Citation and Notification of Penalty, JBS Foods Inc. (Swift Beef Co.), Greeley, CO (general duty clause, serious; plus other-than-serious)

OSHA Inspection Detail 1475131, JBS Foods Inc.

OSHA, Denver Area Office (Inspection No. 1475131), United States (Colorado) (Federal)

Dates: Standing (2020-09-11)
Quarters: 2020 Q3
Limitations: Workplace rules
Character: enforcement record
Grade: Primary source read

NAICS: 311612/Meat Processed from Carcasses... Initial Penalty $13,494... $2,121... $15,615.

Enforcement: $15,615 proposed

Citation: OSHA, Denver Area Office (Inspection No. 1475131), Citation and Notification of Penalty, JBS Foods Inc. (Swift Beef Co.), Greeley, CO (general duty clause, serious; plus other-than-serious) (Sept. 11, 2020) (Ex. DUT-FED-016) Open the exhibit

Ex. DUT-FED-017

Citation, Midwest Warehouse and Distribution System Inc., Naperville, IL (general duty clause)

OSHA Inspection Detail 1501560, Midwest Warehouse and Distribution

OSHA, Naperville/Chicago North Area Office (Inspection No. 1501560), United States (Illinois) (Federal)

Dates: Standing (2021-04-22)
Quarters: 2021 Q2
Limitations: Workplace rules
Character: enforcement record
Grade: Primary source read

NAICS: 493110/General Warehousing and Storage... Initial Penalty $12,288... Current Penalty $10,788.

Enforcement: $12,288 proposed; $10,788 assessed

Citation: OSHA, Naperville/Chicago North Area Office (Inspection No. 1501560), Citation, Midwest Warehouse and Distribution System Inc., Naperville, IL (general duty clause) (Apr. 22, 2021) (Ex. DUT-FED-017) Open the exhibit

Ex. DUT-FED-018

Citation, Somerset Dental Group, Glastonbury, CT (respiratory protection)

OSHA Inspection Detail 1505094, Somerset Dental Group

OSHA, Hartford Area Office (Inspection No. 1505094), United States (Connecticut) (Federal)

Dates: Standing (2021-04-15)
Quarters: 2020 Q42021 Q2
Limitations: Health care ordersWorkplace rules
Character: enforcement record
Grade: Primary source read

NAICS: 621210/Offices of Dentists... Initial Penalty $3,979... Current Penalty $2,785.

Enforcement: $3,979 proposed; $2,785 assessed

Citation: OSHA, Hartford Area Office (Inspection No. 1505094), Citation, Somerset Dental Group, Glastonbury, CT (respiratory protection) (Apr. 15, 2021) (Ex. DUT-FED-018) Open the exhibit

Ex. DUT-FED-019

Citation, Wintonbury Care Center, Bloomfield, CT (respiratory protection; reporting)

OSHA Inspection Detail 1472908, Wintonbury Care Center

OSHA, Hartford Area Office (Inspection No. 1472908), United States (Connecticut) (Federal)

Dates: Standing (2020-10-09)
Quarters: 2020 Q4
Limitations: Health care ordersWorkplace rules
Character: enforcement record
Grade: Primary source read

NAICS: 623110/Nursing Care Facilities (Skilled Nursing Facilities)... Initial Penalty $13,494... $1,928... $15,422.

Enforcement: $15,422 proposed

Citation: OSHA, Hartford Area Office (Inspection No. 1472908), Citation, Wintonbury Care Center, Bloomfield, CT (respiratory protection; reporting) (Oct. 9, 2020) (Ex. DUT-FED-019) Open the exhibit

Ex. DUT-FED-020

Common COVID-19 Citations: Helping Employers Better Protect Workers and Comply with OSHA Regulations (Nov. 2020)

Common COVID-19 Citations

Occupational Safety and Health Administration, United States (Federal)

Dates: Standing (2020-11-06)
Quarters: 2020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersWorkplace rules
Character: agency enforcement summary
Grade: Primary source read

.. complaints, referrals, or fatalities in industries such as: hospitals and healthcare, nursing homes and long term care settings, and meat/poultry processing facilities.... 1910.134(c)(1) The employer did not establish, implement, or update a written respiratory protection program with worksite-specific procedures.... 1904.39(a)(1) The employer did not report a fatality to OSHA within eight hours... 1910.132(d)(1) Note: these citations occurred in the healthcare sector...

Enforcement: as the standards provide

Citation: Occupational Safety and Health Administration, Common COVID-19 Citations: Helping Employers Better Protect Workers and Comply with OSHA Regulations (Nov. 2020) (standing) (Ex. DUT-FED-020) Open the exhibit

Ex. DUT-FED-021

Citation, Hackensack Meridian Health Jersey Shore University Medical Center, Neptune, NJ (respiratory protection; recordkeeping)

OSHA Inspection Detail 1480762, Hackensack Meridian Health (Neptune)

OSHA, Avenel Area Office (Inspection No. 1480762), United States (New Jersey) (Federal)

Dates: Standing (2020-12-08)
Quarters: 2020 Q4
Limitations: Health care ordersWorkplace rules
Character: enforcement record
Grade: Primary source read

NAICS: 622110/General Medical and Surgical Hospitals... 19100134 A02 12/08/2020... $13,494... 19040004 A 12/08/2020... $1,928.

Enforcement: $15,422 proposed

Citation: OSHA, Avenel Area Office (Inspection No. 1480762), Citation, Hackensack Meridian Health Jersey Shore University Medical Center, Neptune, NJ (respiratory protection; recordkeeping) (Dec. 8, 2020) (Ex. DUT-FED-021) Open the exhibit

Ex. DUT-FED-022

Citation, United States Postal Service, Washington, DC (general duty clause)

OSHA Inspection Detail 1522210, U.S. Postal Service

OSHA, Baltimore/Washington Area Office (Inspection No. 1522210), United States (District of Columbia) (Federal)

Dates: Standing (2021-04-20)
Quarters: 2021 Q2
Limitations: Workplace rules
Character: enforcement record
Grade: Primary source read

NAICS: 491110/Postal Service... Initial Penalty... $11,704 [willful/repeat column]... $11,704.

Enforcement: $11,704 proposed

Citation: OSHA, Baltimore/Washington Area Office (Inspection No. 1522210), Citation, United States Postal Service, Washington, DC (general duty clause) (Apr. 20, 2021) (Ex. DUT-FED-022) Open the exhibit

Ex. DUT-FED-023

42 C.F.R. 483.80 (infection control; COVID-19 reporting; COVID-19 testing)

§ 483.80 Infection control

Centers for Medicare & Medicaid Services (condition of participation for long-term care facilities), United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testingStanding duty
Character: regulatory duty
Grade: Primary source read

(a)... The facility must establish and maintain an infection prevention and control program designed to provide a safe, sanitary, and comfortable environment and to help prevent the development and transmission of communicable diseases and infections.... (g) COVID-19 reporting. The facility must-- (1) Electronically report information about COVID-19 in a standardized format specified by the Secretary.... (h) COVID-19 Testing. The LTC facility must test residents and facility staff, including individuals providing services under arrangement and volunteers, for COVID-19.

Enforcement: 42 C.F.R. part 488, subpart F: civil money penalties, denial of payment, termination; QSO-20-29-NH sets CMPs for reporting failures; QSO-20-38-NH sets enforcement for testing failures (Exs. FED-161, -168)

Citation: Centers for Medicare & Medicaid Services (condition of participation for long-term care facilities), 42 C.F.R. 483.80 (infection control; COVID-19 reporting; COVID-19 testing) (standing) (Ex. DUT-FED-023) Open the exhibit

Ex. DUT-FED-024

42 C.F.R. 482.42 (hospital infection prevention and control and antibiotic stewardship programs; COVID-19 reporting)

§ 482.42 Condition of participation: Infection prevention and control and antibiotic stewardship programs

Centers for Medicare & Medicaid Services (hospital condition of participation), United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersWorkplace rulesStanding duty
Character: regulatory duty
Grade: Primary source read

The hospital must have active hospital-wide programs for the surveillance, prevention, and control of HAIs and other infectious diseases, and for the optimization of antibiotic use through stewardship.

Enforcement: 42 C.F.R. 489.53: termination of the provider agreement; QSO-20-31 and -35 enforcement (Exs. FED-165, -166)

Citation: Centers for Medicare & Medicaid Services (hospital condition of participation), 42 C.F.R. 482.42 (hospital infection prevention and control and antibiotic stewardship programs; COVID-19 reporting) (standing) (Ex. DUT-FED-024) Open the exhibit

Ex. DUT-FED-025

42 U.S.C. 247d-6d (PREP Act targeted liability protections)

Targeted liability protections for pandemic and epidemic products and security countermeasures

Congress (Public Readiness and Emergency Preparedness Act, Pub. L. 109-148, div. C, § 2 (2005), as amended by the CARES Act § 3103), United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Standing dutyOther
Character: liability shield condition
Grade: Primary source read

(a)(1)... a covered person shall be immune from suit and liability under Federal and State law with respect to all claims for loss caused by, arising out of, relating to, or resulting from the administration to or the use by an individual of a covered countermeasure if a declaration under subsection (b) has been issued with respect to such countermeasure.... (3) Certain conditions. Subject to the other provisions of this section, immunity under paragraph (1) with respect to a covered countermeasure applies only if-- (A) the countermeasure was administered or used during the effective period of the declaration...; (B) the countermeasure was administered or used for the category or categories of diseases... specified in the declaration; and (C) in addition, in the case of a covered person who is a program planner or qualified person with respect to the administration or use of the…

Enforcement: loss of immunity when the conditions are not met

Citation: Congress (Public Readiness and Emergency Preparedness Act, Pub. L. 109-148, div. C, § 2 (2005), as amended by the CARES Act § 3103), 42 U.S.C. 247d-6d (PREP Act targeted liability protections) (standing) (Ex. DUT-FED-025) Open the exhibit

Ex. DUT-FED-026

Advisory Opinion 20-04 on the Public Readiness and Emergency Preparedness Act and the Secretary's Declaration under the Act (Oct. 22, 2020, as modified Oct. 23, 2020)

Advisory Opinion 20-04 on the PREP Act and the Secretary's Declaration

Department of Health and Human Services, Office of the General Counsel (Robert P. Charrow, General Counsel), United States (Federal)

Dates: Standing (2020-10-23 (interpretive; states the Department's reading))
Quarters: 2020 Q42021 Q12021 Q22021 Q3
Limitations: Other
Character: agency interpretation
Grade: Primary source read

In short, any individual or organization can potentially be a program planner and receive PREP Act coverage. So for example, private businesses, public and private transportation providers, public and private schools, and religious organizations are all eligible for PREP Act coverage when they act [in accordance with the Declaration]... a program planner can be a 'private sector employer or community group' that 'carries out the described activities.'... Such entities may also include businesses, schools, and places of worship.

Enforcement: loss of immunity when the Declaration's conditions are not met

Citation: Department of Health and Human Services, Office of the General Counsel (Robert P. Charrow, General Counsel), Advisory Opinion 20-04 on the Public Readiness and Emergency Preparedness Act and the Secretary's Declaration under the Act (Oct. 22, 2020, as modified Oct. 23, 2020) (standing) (Ex. DUT-FED-026) Open the exhibit

Ex. DUT-FED-027

Fourth Amendment to the Declaration Under the PREP Act for Medical Countermeasures Against COVID-19 and Republication of the Declaration, 85 Fed. Reg. 79190

Fourth Amendment to the Declaration Under the Public Readiness and Emergency Preparedness Act for Medical Countermeasures Against COVID-19 and Republication of the Declaration

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

Dates: Standing (2020-12-03 (effective through Oct. 1, 2024 as then stated))
Quarters: 2020 Q42021 Q12021 Q22021 Q3
Limitations: Vaccination or testingOther
Character: liability shield condition
Grade: Primary source read

(g) Makes explicit in Section IX that there can be situations where not administering a covered countermeasure to a particular individual can fall within the PREP Act and this Declaration's liability protections.... liability protections for all Covered Countermeasures... used in accordance with the public health and medical response of the Authority Having Jurisdiction...

Enforcement: loss of immunity outside the Declaration's conditions

Citation: Secretary of Health and Human Services (Alex M. Azar II), Fourth Amendment to the Declaration Under the PREP Act for Medical Countermeasures Against COVID-19 and Republication of the Declaration, 85 Fed. Reg. 79190 (Dec. 3, 2020) (Ex. DUT-FED-027) Open the exhibit

Ex. DUT-FED-029

Safety Alert for Operators (SAFO) 20009, COVID-19: Updated Interim Occupational Health and Safety Guidance for Air Carriers and Crews

SAFO 20009: COVID-19: Updated Interim Occupational Health and Safety Guidance for Air Carriers and Crews

Federal Aviation Administration, Flight Standards Service (with the CDC), United States (Federal)

Dates: Standing (2020-04-17)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Face-covering requirementTravel and quarantineWorkplace rules
Character: agency guidance recommendation
Grade: Primary source read

A SAFO contains important safety information and may include recommended action. SAFO content should be especially valuable to air carriers in meeting their statutory duty to provide service with the highest possible degree of safety in the public interest.... Recommended Action: The FAA and CDC recommend and expect that all U.S.-based air carriers and crewmembers, all non-U.S.-based air carriers operating flights with a U.S. nexus, and all non-U.S.-based crewmembers on flights with a U.S. nexus implement and use their company-developed COVID-19 preparedness plans and procedures in conjunction with the FAA and CDC occupational health and safety guidance in the attached appendix...

Enforcement: none in the SAFO

Citation: Federal Aviation Administration, Flight Standards Service (with the CDC), Safety Alert for Operators (SAFO) 20009, COVID-19: Updated Interim Occupational Health and Safety Guidance for Air Carriers and Crews (Apr. 17, 2020) (Ex. DUT-FED-029) Open the exhibit

Ex. DUT-FED-030

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (technical assistance Q&A, as updated Sept. 8, 2020)

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws

Equal Employment Opportunity Commission (technical assistance), United States (Federal)

Dates: Standing (2020-09-08)
Quarters: 2020 Q32020 Q4
Limitations: Workplace rulesQuarantine and isolation
Character: agency guidance permissive
Grade: Primary source read

A.3. When may an ADA-covered employer take the body temperature of employees during the COVID-19 pandemic? Generally, measuring an employee's body temperature is a medical examination. Because the CDC and state/local health authorities have acknowledged community spread of COVID-19 and issued attendant precautions, employers may measure employees' body temperature.... an individual with the virus will pose a direct threat to the health of others. Therefore an employer may choose to administer COVID-19 testing to employees before initially permitting them to enter the workplace... An employer may require employees to wear protective gear (for example, masks and gloves) and observe infection control practices (for example, regular hand washing and social distancing protocols).

Enforcement: none; the document defines what the ADA permits

Citation: Equal Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (technical assistance Q&A, as updated Sept. 8, 2020) (Ex. DUT-FED-030) Open the exhibit

Ex. DUT-FED-031

42 U.S.C. 12113 (ADA defenses; direct threat)

Defenses

Congress (Americans with Disabilities Act § 103), United States (Federal)

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

(b) Qualification standards. The term 'qualification standards' may include a requirement that an individual shall not pose a direct threat to the health or safety of other individuals in the workplace.

Enforcement: not applicable (a defense)

Citation: Congress (Americans with Disabilities Act § 103), 42 U.S.C. 12113 (ADA defenses; direct threat) (standing) (Ex. DUT-FED-031) Open the exhibit

Ex. DUT-FED-032

29 C.F.R. 1630.2(r) (definition of direct threat)

§ 1630.2 Definitions

Equal Employment Opportunity Commission (regulation), United States (Federal)

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

(r) Direct Threat means a significant risk of substantial harm to the health or safety of the individual or others that cannot be eliminated or reduced by reasonable accommodation. The determination that an individual poses a 'direct threat' shall be based on an individualized assessment... based on a reasonable medical judgment that relies on the most current medical knowledge and/or on the best available objective evidence.

Enforcement: not applicable

Citation: Equal Employment Opportunity Commission (regulation), 29 C.F.R. 1630.2(r) (definition of direct threat) (standing) (Ex. DUT-FED-032) Open the exhibit

Ex. DUT-FED-033

29 C.F.R. 1630.15 (defenses; direct threat as a qualification standard)

§ 1630.15 Defenses

Equal Employment Opportunity Commission (regulation), United States (Federal)

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

(b)(2) Direct threat as a qualification standard. The term 'qualification standard' may include a requirement that an individual shall not pose a direct threat to the health or safety of the individual or others in the workplace.

Enforcement: not applicable

Citation: Equal Employment Opportunity Commission (regulation), 29 C.F.R. 1630.15 (defenses; direct threat as a qualification standard) (standing) (Ex. DUT-FED-033) Open the exhibit

Ex. DUT-FED-034

Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19) (as revised March 21, 2020)

Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19)

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

Dates: Standing (2020-03-21)
Quarters: 2020 Q2
Limitations: Workplace rulesQuarantine and isolation
Character: agency guidance recommendation
Grade: Primary source read

Below are changes as of March 21, 2020: Updated cleaning and disinfection guidance; Updated best practices for conducting social distancing; Updated strategies and recommendations that can be implemented now to respond to COVID-19.... Employers should plan to respond in a flexible way... Actively encourage sick employees to stay home... Employees who have symptoms... should notify their supervisor and stay home.... Separate sick employees... Support respiratory etiquette and hand hygiene for employees, customers, and worksite visitors... Perform routine environmental cleaning and disinfection.

Enforcement: none in the guidance

Citation: Centers for Disease Control and Prevention, Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19) (as revised March 21, 2020) (Mar. 21, 2020) (Ex. DUT-FED-034) Open the exhibit

Ex. DUT-FED-035

Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020 (as revised May 6, 2020)

Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020

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

Dates: Standing (2020-05-06)
Quarters: 2020 Q22020 Q32020 Q42021 Q1
Limitations: Face-covering requirementWorkplace rulesQuarantine and isolation
Character: agency guidance recommendation
Grade: Primary source read

Below are changes as of May 6, 2020: Updated strategies and recommendations for employers responding to COVID-19, including those seeking to resume normal or phased business operations: Conducting daily health checks; Conducting a hazard assessment of the workplace; Encouraging employees to wear cloth face coverings in the workplace, if appropriate; Implementing policies and practices for social distancing in the workplace; Improving the building ventilation system... personal protective equipment (PPE) that employers may use to help prevent the spread of COVID-19 in the workplace.

Enforcement: none in the guidance

Citation: Centers for Disease Control and Prevention, Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020 (as revised May 6, 2020) (Ex. DUT-FED-035) Open the exhibit

Ex. DUT-FED-037

Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Relating to COVID-19), March 18, 2020

Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002

Federal Motor Carrier Safety Administration (Jim Mullen, Acting Administrator), United States (Federal)

Dates: Standing (2020-03-18)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Travel and quarantineWorkplace rulesSupply chain
Character: emergency relief with mandatory conditio
Grade: Primary source read

The President has declared a nationwide emergency pursuant to 42 U.S.C. § 5191(b)... Direct assistance means transportation and other relief services provided by a motor carrier or its driver(s) incident to the immediate restoration of essential services (such as medical care) or essential supplies (such as food and fuel)... [a driver] must be permitted at least 10 consecutive hours off duty before the driver is required to return to the motor carrier's terminal or the driver's normal reporting location.

Enforcement: 49 U.S.C. 521(b) civil penalties for operating outside the relief's conditions

Citation: Federal Motor Carrier Safety Administration (Jim Mullen, Acting Administrator), Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Relating to COVID-19), March 18, 2020 (Mar. 18, 2020) (Ex. DUT-FED-037) Open the exhibit

Ex. DUT-FED-060

Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the Coronavirus Disease 2019 (COVID-19) Pandemic (updated July 15, 2020)

Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the COVID-19 Pandemic

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

Dates: Standing (2020-07-15)
Quarters: 2020 Q32020 Q4
Limitations: Face-covering requirementHealth care ordersWorkplace rulesQuarantine and isolation
Character: agency guidance recommendation
Grade: Primary source read

Updated July 15, 2020... Recommended routine infection prevention and control (IPC) practices during the COVID-19 pandemic: CDC recommends using additional infection prevention and control practices during the COVID-19 pandemic, along with standard practices recommended as a part of routine healthcare delivery to all patients.... Respirators with exhalation valves are not recommended for source control and should not be used during surgical procedures...

Enforcement: none in the guidance; CMS conditions of participation supply the sanction for participating providers

Citation: Centers for Disease Control and Prevention, Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the Coronavirus Disease 2019 (COVID-19) Pandemic (updated July 15, 2020) (Ex. DUT-FED-060) Open the exhibit

Ex. DUT-FED-061

Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and the Occupational Safety and Health Administration (OSHA) (Apr. 26, 2020)

Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA

Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint), United States (Federal)

Dates: Standing (2020-04-26)
Quarters: 2020 Q22020 Q3
Limitations: Face-covering requirementWorkplace rulesQuarantine and isolationSupply chain
Character: agency guidance recommendation
Grade: Primary source read

CDC's Critical Infrastructure Guidance advises that critical infrastructure workers may be permitted to continue work following potential exposure to COVID-19, provided they remain asymptomatic and additional precautions are implemented to protect them and the community. All meat and poultry processing facilities developing plans for continuing operations in the setting of COVID-19 occurring among workers or in the surrounding community should (1) work directly with appropriate state and local public health officials and occupational safety and health professionals; (2) incorporate relevant aspects of CDC guidance, including but not limited to this document and the CDC's Critical Infrastructure Guidance; and (3) incorporate guidance from other authoritative sources or regulatory bodies as needed.

Enforcement: none in the guidance; the general duty clause supplied the sanction

Citation: Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint), Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and the Occupational Safety and Health Administration (OSHA) (Apr. 26, 2020) (Ex. DUT-FED-061) Open the exhibit

Ex. DUT-FED-062

Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA (updated July 9, 2020)

Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA (Updated July 9, 2020)

Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint), United States (Federal)

Dates: Standing (2020-07-09)
Quarters: 2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Face-covering requirementWorkplace rulesQuarantine and isolation
Character: agency guidance recommendation
Grade: Primary source read

Updated July 9, 2020... critical infrastructure workers may be permitted to continue work following potential exposure to COVID-19, provided they remain asymptomatic, have not had a positive test result for COVID-19, and additional precautions are implemented to protect them and the community.

Enforcement: none in the guidance

Citation: Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint), Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA (updated July 9, 2020) (Ex. DUT-FED-062) Open the exhibit

Ex. DUT-FED-063

Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed COVID-19 (Apr. 8, 2020)

Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed COVID-19

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

Dates: Standing (2020-04-08)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Face-covering requirementWorkplace rulesQuarantine and isolation
Character: agency guidance recommendation
Grade: Primary source read

critical infrastructure workers may be permitted to continue work following potential exposure to COVID-19, provided they remain asymptomatic and additional precautions are implemented to protect them and the community.... Pre-Screen: Employers should measure the employee's temperature and assess symptoms prior to them starting work.... Wear a Mask: The employee should wear a face mask at all times while in the workplace for 14 days after last exposure.... Social Distance: The employee should maintain 6 feet and practice social distancing as work duties permit in the workplace.... Disinfect and Clean work spaces...

Enforcement: none in the guidance

Citation: Centers for Disease Control and Prevention, Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed COVID-19 (Apr. 8, 2020) (Ex. DUT-FED-063) Open the exhibit

Ex. DUT-FED-064

Considerations for Restaurants and Bars (updated May 27, 2020)

Considerations for Restaurants and Bars

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

Dates: Standing (2020-05-27)
Quarters: 2020 Q22020 Q3
Limitations: Capacity limitFace-covering requirementWorkplace rules
Character: agency guidance recommendation
Grade: Primary source read

Updated May 27, 2020. As restaurants and bars resume operations in some areas of the United States, CDC offers the following considerations for ways in which operators can protect employees, customers, and communities and slow the spread of COVID-19. Restaurants and bars can determine, in collaboration with state and local health officials, whether and how to implement these considerations...

Enforcement: none in the guidance

Citation: Centers for Disease Control and Prevention, Considerations for Restaurants and Bars (updated May 27, 2020) (Ex. DUT-FED-064) Open the exhibit

Ex. DUT-FED-065

Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Mar. 13, 2020)

Emergency Declaration Under 49 CFR § 390.23 No. 2020-002

Federal Motor Carrier Safety Administration, United States (Federal)

Dates: Standing (2020-03-13)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Travel and quarantineWorkplace rulesSupply chain
Character: emergency relief with mandatory conditio
Grade: Primary source read

an emergency exists that warrants an exemption from Parts 390 through 399 of the Federal Motor Carrier Safety Regulations... for motor carriers and drivers providing direct assistance in support of emergency relief efforts related to the COVID-19 outbreaks... Direct assistance terminates when a driver or commercial motor vehicle is used in interstate commerce to transport cargo or provide services that are not in support of emergency relief efforts... [the driver] must be permitted at least 10 consecutive hours off duty before the driver is required to return... Nothing contained in this Emergency Declaration shall be construed as an exemption from the controlled substances and alcohol use and testing requirements (49 CFR Part 382), the commercial driver's license requirements (49 CFR Part 383), the financial responsibility (insurance) requirements (49 CFR Part 387), the hazardous…

Enforcement: 49 U.S.C. 521(b)

Citation: Federal Motor Carrier Safety Administration, Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Mar. 13, 2020) (Ex. DUT-FED-065) Open the exhibit

Ex. DUT-FED-066

News release, U.S. Department of Labor Reminds Employers That They Cannot Retaliate Against Workers Reporting Unsafe Conditions During Coronavirus Pandemic (Apr. 8, 2020)

U.S. Department of Labor Reminds Employers That They Cannot Retaliate Against Workers Reporting Unsafe Conditions During Coronavirus Pandemic

Occupational Safety and Health Administration (Principal Deputy Assistant Secretary Loren Sweatt), national news release, United States (Federal)

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

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) is reminding employers that it is illegal to retaliate against workers because they report unsafe and unhealthful working conditions during the coronavirus pandemic. Acts of retaliation can include terminations, demotions, denials of overtime or promotion, or reductions in pay or hours. 'Employees have the right to safe and healthy workplaces,' said Principal Deputy Assistant Secretary Loren Sweatt.

Enforcement: 29 U.S.C. 660(c)(2)

Citation: Occupational Safety and Health Administration (Principal Deputy Assistant Secretary Loren Sweatt), national news release, News release, U.S. Department of Labor Reminds Employers That They Cannot Retaliate Against Workers Reporting Unsafe Conditions During Coronavirus Pandemic (Apr. 8, 2020) (standing) (Ex. DUT-FED-066) Open the exhibit

Ex. DUT-FED-067

News release, U.S. Department of Labor's OSHA Announces $3,930,381 In Coronavirus Violations (Jan. 8, 2021)

U.S. Department of Labor's OSHA Announces $3,930,381 In Coronavirus Violations

Occupational Safety and Health Administration, national news release, United States (Federal)

Dates: Standing (2021-01-08)
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Health care ordersWorkplace rules
Character: enforcement record
Grade: Primary source read

Since the start of the coronavirus pandemic through Dec. 31, 2020, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has issued citations arising from 300 inspections for violations relating to coronavirus, resulting in proposed penalties totaling $3,930,381. OSHA inspections have resulted in the agency citing employers for violations, including failures to: Implement a written respiratory protection program; Provide a medical evaluation, respirator fit test, training on the proper use of a respirator and personal protective equipment; Report an injury, illness or fatality; Record an injury or illness on OSHA recordkeeping forms; and Comply with the General Duty Clause of the Occupational Safety and Health Act of 1970.

Enforcement: as stated

Citation: Occupational Safety and Health Administration, national news release, News release, U.S. Department of Labor's OSHA Announces $3,930,381 In Coronavirus Violations (Jan. 8, 2021) (Ex. DUT-FED-067) Open the exhibit

Ex. DUT-FED-069

News release, US Department of Labor cites insurance agency for exposing workers to coronavirus at Denver location where employee died with COVID-19 (Fred Loya Insurance Agency Inc.; Inspection No. 1528139; citation Oct. 1, 2021)

US Department of Labor cites insurance agency for exposing workers to coronavirus at Denver location where employee died with COVID-19

Occupational Safety and Health Administration, Region 8 (Denver Area Office; Area Director Amanda Kupper), United States (Colorado) (Federal)

Dates: Standing (2021-10-01)
Quarters: 2021 Q22021 Q3
Limitations: Workplace rules
Character: enforcement record
Grade: Primary source read

A federal workplace health investigation found that an auto insurance company ignored coronavirus safety requirements and allowed others displaying symptoms to work at the same Denver location where an employee died with COVID-19.... [OSHA] initiated an investigation on April 21, 2021, and found Fred Loya Insurance Agency Inc. did not safely distance employees, failed to implement a health and safety plan and allowed symptomatic workers to remain on site. The company faces $23,406 in proposed penalties.

Enforcement: $23,406 proposed

Citation: Occupational Safety and Health Administration, Region 8 (Denver Area Office; Area Director Amanda Kupper), News release, US Department of Labor cites insurance agency for exposing workers to coronavirus at Denver location where employee died with COVID-19 (Fred Loya Insurance Agency Inc.; Inspection No. 1528139; citation Oct. 1, 2021) (Oct. 7, 2021) (Ex. DUT-FED-069) Open the exhibit

Ex. DUT-FED-070

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated Dec. 16, 2020, adding Section K on vaccinations)

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (updated Dec. 16, 2020)

Equal Employment Opportunity Commission (technical assistance), United States (Federal)

Dates: Standing (2020-12-16)
Quarters: 2020 Q42021 Q12021 Q2
Limitations: Workplace rulesVaccination or testingQuarantine and isolation
Character: agency guidance permissive
Grade: Primary source read

Applying this standard to the current circumstances of the COVID-19 pandemic, employers may take screening steps to determine if employees entering the workplace have COVID-19 because an individual with the virus will pose a direct threat to the health of others. Therefore an employer may choose to administer COVID-19 testing to employees before initially permitting them to enter the workplace and/or periodically to determine if their presence in the workplace poses a direct threat to others.... An employer may exclude those with COVID-19, or symptoms associated with COVID-19, from the workplace because, as EEOC has stated, their presence would pose a direct threat to the health or safety of others.

Enforcement: none; defines what the ADA permits

Citation: Equal Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated Dec. 16, 2020, adding Section K on vaccinations) (Ex. DUT-FED-070) Open the exhibit

Ex. DUT-FED-071

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated May 28, 2021, revising Section K)

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (updated May 28, 2021)

Equal Employment Opportunity Commission (technical assistance), United States (Federal)

Dates: Standing (2021-05-28)
Quarters: 2021 Q22021 Q3
Limitations: Workplace rulesVaccination or testingQuarantine and isolation
Character: agency guidance permissive
Grade: Primary source read

Updated on May 28, 2021.... K.1. Under the ADA, Title VII, and other federal employment nondiscrimination laws, may an employer require all employees physically entering the workplace to be vaccinated for COVID-19? (5/28/21) The federal EEO laws do not prevent an employer from requiring all employees physically entering the workplace to be vaccinated for COVID-19, subject to the reasonable accommodation provisions of Title VII and the ADA and other EEO considerations discussed below.

Enforcement: none

Citation: Equal Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated May 28, 2021, revising Section K) (Ex. DUT-FED-071) Open the exhibit

Ex. DUT-FED-072

Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (as updated June 10, 2021)

Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (updated June 10, 2021)

Occupational Safety and Health Administration, United States (Federal)

Dates: Standing (2021-06-10)
Quarters: 2021 Q22021 Q3
Limitations: Face-covering requirementWorkplace rulesVaccination or testing
Character: agency guidance recommendation
Grade: Primary source read

Unless otherwise required by federal, state, local, tribal, or territorial laws, rules, and regulations, most employers no longer need to take steps to protect their fully vaccinated workers who are not otherwise at-risk from COVID-19 exposure.... CDC advises that most fully vaccinated people can resume activities without wearing masks or physically distancing, except where required by federal, state, local, tribal, or territorial laws, rules and regulations, including local business and workplace guidance.

Enforcement: as the general duty clause provides

Citation: Occupational Safety and Health Administration, Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (as updated June 10, 2021) (Ex. DUT-FED-072) Open the exhibit

Ex. DUT-FED-073

Secretary of Labor v. Ariana Murrell-Rosario d/b/a Liberty Tax Service, OSHRC Docket No. 21-0432, Decision and Order (June 6, 2022)

Decision and Order, OSHRC Docket No. 21-0432 (Liberty Tax Service, Lynn, Massachusetts)

Occupational Safety and Health Review Commission, Chief Administrative Law Judge Covette Rooney, United States (Occupational Safety and Health Review Commission) (Court)

Dates: Standing (2022-06-06)
Quarters: 2021 Q12021 Q2
Limitations: Face-covering requirementWorkplace rules
Character: adjudication
Grade: Primary source read

As a result of the inspection OSHA issued a Citation and Notification of Penalty (Citation) on April 8, 2021, for an alleged willful violation of section 5(a)(1) (general duty clause) of the OSH Act with a proposed penalty of $136,532. The Citation alleged Respondent had not protected its employees from the recognized hazard of SARS-CoV-2 (severe acute respiratory syndrome coronavirus 2), the virus that causes COVID-19.... For the reasons set forth below, the undersigned affirms the willful violation of the General Duty Clause and assesses a penalty of $95,500.... As set forth above, the Secretary has proved Respondent violated section 5(a)(1) of the Act... ORDER... Citation 1, Item 1, alleging a Willful violation of section 5 (a)(1) of the OSH Act is AFFIRMED and a penalty of $95,500 is ASSESSED.

Enforcement: $95,500 assessed (of $136,532 proposed)

Citation: Occupational Safety and Health Review Commission, Chief Administrative Law Judge Covette Rooney, Secretary of Labor v. Ariana Murrell-Rosario d/b/a Liberty Tax Service, OSHRC Docket No. 21-0432, Decision and Order (June 6, 2022) (Ex. DUT-FED-073) Open the exhibit

6. Partial suspension, element by element, for this business

This section applies the five-step test of section 3 to a business in New York 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 243 instruments in force for this selection: 23 instruments from the State of New York (New York State Legislature (S.8192-B, signed by Governor Andrew M. Cuomo), Chapter 127 of the Laws of 2020 (S.8192-B), the Tenant Safe Harbor Act (June 30, 2020) (Ex. NY-087); New York State Legislature (S.9114, signed by Governor Andrew M. Cuomo), Chapter 381 of the Laws of 2020 (S.9114), COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 (Dec. 28, 2020) (Ex. NY-083); New York State Legislature (S.471-A, signed by Governor Andrew M. Cuomo), Chapter 73 of the Laws of 2021 (S.471-A), COVID-19 Emergency Protect Our Small Businesses Act of 2021 (Mar. 9, 2021) (Ex. NY-084); and 20 more), 9 instruments from the agencies, boards and authorities of New York (New York State Legislature; signed by Governor Cuomo, Chapter 25 of the Laws of 2020 (S.8091) (Mar. 18, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-003); New York State Legislature (Sens. Parker, Hoylman, Metzger); approved by Governor Andrew M. Cuomo, Chapter 108 of the Laws of 2020 (S.8113-A) (June 17, 2020) (Ex. AGY-ST-UTILITIES-HOUSING-AG-006); New York State Thruway Authority, Systemwide cashless tolling goes live on the New York State Thruway (Nov. 14, 2020); toll booths removed thereafter (Ex. AGY-AVIATION-SURFACE-068); and 6 more), 167 federal instruments (Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290); U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398); Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031); and 164 more) and 44 standing duties (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 42 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions, in the Library's own labels: WF (Ex. AGY-AVIATION-SURFACE-068); HR (Ex. NY-134); CB (Ex. AGY-ST-LABOR-WORKPLACE-003); IC infection control (Ex. NY-135); OF (Ex. NY-133); CL (Ex. NY-084); OF workplace (Ex. NY-082); PM (Ex. NY-084); all in-person functions (Ex. NY-082); CL court process (Ex. NY-087).

Step three, the change compelled. New York State Legislature; signed by Governor Cuomo, Chapter 25 of the Laws of 2020 (S.8091) (Mar. 18, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-003) ordered: "(c) For employers with one hundred or more employees as of January 1, 2020, each employee who is subject to a mandatory or precautionary order of quarantine or isolation issued by the state of New York, the department of health, local board of health, or any governmental entity duly authorized to…" Enforcement: Labor Law enforcement by the Commissioner of Labor (civil penalties and restoration under Labor Law §§ 218, 219); job-restoration and anti-retaliation… New York State Legislature (Sens. Parker, Hoylman, Metzger); approved by Governor Andrew M. Cuomo, Chapter 108 of the Laws of 2020 (S.8113-A) (June 17, 2020) (Ex. AGY-ST-UTILITIES-HOUSING-AG-006) ordered: "6. No utility corporation or municipality shall terminate or disconnect services to any residential customer for the non-payment of an overdue charge for the duration of the state disaster emergency declared pursuant to executive order two hundred two of two thousand twenty (herein after 'the…" Enforcement: PSL 25 (civil penalties for violation of the Public Service Law and Commission orders) and PSL 26; the statute preserves utilities' recovery of 'lost or… New York State Legislature (S.8192-B, signed by Governor Andrew M. Cuomo), Chapter 127 of the Laws of 2020 (S.8192-B), the Tenant Safe Harbor Act (June 30, 2020) (Ex. NY-087) ordered: "'COVID-19 covered period' means March 7, 2020 until the date on which none of the provisions that closed or otherwise restricted public or private businesses or places of public accommodation, or required postponement or cancellation of all non-essential gatherings of individuals of any size for any…" Enforcement: Bar on warrants of eviction and judgments of possession (courts) 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. Chapter 25 of the Laws of 2020 (S.8091) (Ex. AGY-ST-LABOR-WORKPLACE-003) was in force from Mar. 18, 2020 to Sept. 30, 2021, 92 of the quarter's 92 days; Chapter 127 of the Laws of 2020 (S.8192-B), the Tenant Safe Harbor Act (Ex. NY-087) was in force from June 30, 2020 to Sept. 30, 2021, 92 of the quarter's 92 days; Systemwide cashless tolling goes live on the New York State Thruway (Nov. 14, 2020); toll… (Ex. AGY-AVIATION-SURFACE-068) was in force from Nov. 14, 2020 to Sept. 30, 2021, 92 of the quarter's 92 days. Of the 32 instruments in the quarter's record, 10 were in force on its first day, 26 on its last day and 7 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: 228 records, of which The COVID Project holds the document for 226. 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-AVIATION-SURFACE-068	Systemwide cashless tolling goes live on the New York State Thruway (Nov. 14, 2020); toll booths removed thereafter	New York State Thruway Authority	Nov. 14, 2020	New York State Thruway Authority, Systemwide cashless tolling goes live on the New York State Thruway (Nov. 14, 2020); toll booths removed thereafter (Ex. AGY-AVIATION-SURFACE-068)	/library/AGY-AVIATION-SURFACE-068	/exhibit/AGY-AVIATION-SURFACE-068
Ex. AGY-AVIATION-SURFACE-081	MTA notice of Sept. 7, 2021: masks required when riding; mask-distribution blitz as riders return after Labor Day 2021	Metropolitan Transportation Authority	Sept. 7, 2021	Metropolitan Transportation Authority, MTA notice of Sept. 7, 2021: masks required when riding; mask-distribution blitz as riders return after Labor Day 2021 (Ex. AGY-AVIATION-SURFACE-081)	/library/AGY-AVIATION-SURFACE-081	/exhibit/AGY-AVIATION-SURFACE-081
Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-008	Announcement, 'Mayor de Blasio and Chancellor Porter Announce Health & Safety Measures for the 2021-22 School Year' (Aug. 26, 2021)	Mayor Bill de Blasio and Schools Chancellor Meisha Porter (announcement of the Department's 2021-22 requirements; the vaccination requirement was ordered by the Commissioner of Health and Mental Hygiene, MET-NYC-040 to 042)	Aug. 26, 2021	Mayor Bill de Blasio and Schools Chancellor Meisha Porter (announcement of the Department's 2021-22 requirements; the vaccination requirement was ordered by the Commissioner of Health and Mental Hygiene, MET-NYC-040 to 042), Announcement, 'Mayor de Blasio and Chancellor Porter Announce Health & Safety Measures for the 2021-22 School Year' (Aug. 26, 2021) (Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-008)	/library/AGY-LOCAL-DISTRICTS-AUTHORITIES-008	/exhibit/AGY-LOCAL-DISTRICTS-AUTHORITIES-008
Ex. AGY-ST-EDUCATION-HIGHER-ED-061	Fall 2021 Reopening Plans (vaccination mandate for students attending in person; face coverings; testing for unvaccinated employees) (August 2021)	CUNY Board of Trustees and Chancellor	Aug. 16, 2021	CUNY Board of Trustees and Chancellor, Fall 2021 Reopening Plans (vaccination mandate for students attending in person; face coverings; testing for unvaccinated employees) (August 2021) (Aug. 16, 2021) (Ex. AGY-ST-EDUCATION-HIGHER-ED-061)	/library/AGY-ST-EDUCATION-HIGHER-ED-061	/exhibit/AGY-ST-EDUCATION-HIGHER-ED-061
Ex. AGY-ST-LABOR-WORKPLACE-003	Chapter 25 of the Laws of 2020 (S.8091)	New York State Legislature; signed by Governor Cuomo	Mar. 18, 2020	New York State Legislature; signed by Governor Cuomo, Chapter 25 of the Laws of 2020 (S.8091) (Mar. 18, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-003)	/library/AGY-ST-LABOR-WORKPLACE-003	/exhibit/AGY-ST-LABOR-WORKPLACE-003
Ex. AGY-ST-LABOR-WORKPLACE-011	S.6768/A.7477 (2021), chapter amendment to the New York Health and Essential Rights Act (Labor Law § 218-b)	New York State Legislature; signed by Governor Cuomo June 11, 2021	June 11, 2021	New York State Legislature; signed by Governor Cuomo June 11, 2021, S.6768/A.7477 (2021), chapter amendment to the New York Health and Essential Rights Act (Labor Law § 218-b) (June 11, 2021) (Ex. AGY-ST-LABOR-WORKPLACE-011)	/library/AGY-ST-LABOR-WORKPLACE-011	/exhibit/AGY-ST-LABOR-WORKPLACE-011
Ex. AGY-ST-UTILITIES-HOUSING-AG-006	Chapter 108 of the Laws of 2020 (S.8113-A)	New York State Legislature (Sens. Parker, Hoylman, Metzger); approved by Governor Andrew M. Cuomo	June 17, 2020	New York State Legislature (Sens. Parker, Hoylman, Metzger); approved by Governor Andrew M. Cuomo, Chapter 108 of the Laws of 2020 (S.8113-A) (June 17, 2020) (Ex. AGY-ST-UTILITIES-HOUSING-AG-006)	/library/AGY-ST-UTILITIES-HOUSING-AG-006	/exhibit/AGY-ST-UTILITIES-HOUSING-AG-006
Ex. AGY-ST-UTILITIES-HOUSING-AG-007	Chapter 106 of the Laws of 2021 (S.1453-A)	New York State Legislature (Sens. Parker, Gaughran, Harckham, Hinchey, Hoylman, Kennedy); approved by Governor Andrew M. Cuomo	May 11, 2021	New York State Legislature (Sens. Parker, Gaughran, Harckham, Hinchey, Hoylman, Kennedy); approved by Governor Andrew M. Cuomo, Chapter 106 of the Laws of 2021 (S.1453-A) (May 11, 2021) (Ex. AGY-ST-UTILITIES-HOUSING-AG-007)	/library/AGY-ST-UTILITIES-HOUSING-AG-007	/exhibit/AGY-ST-UTILITIES-HOUSING-AG-007
Ex. AGY-ST-UTILITIES-HOUSING-AG-052	Chapter 56 of the Laws of 2021 (S.2506-C), Part BB	New York State Legislature; approved by Governor Andrew M. Cuomo	Apr. 16, 2021	New York State Legislature; approved by Governor Andrew M. Cuomo, Chapter 56 of the Laws of 2021 (S.2506-C), Part BB (Apr. 16, 2021) (Ex. AGY-ST-UTILITIES-HOUSING-AG-052)	/library/AGY-ST-UTILITIES-HOUSING-AG-052	/exhibit/AGY-ST-UTILITIES-HOUSING-AG-052
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-NY-001	N.Y. Public Health Law § 12 (violations of health laws or regulations; penalties and injunctions)	New York State Legislature (Public Health Law, article 1, title 2)	standing	New York State Legislature (Public Health Law, article 1, title 2), N.Y. Public Health Law § 12 (violations of health laws or regulations; penalties and injunctions) (standing) (Ex. DUT-NY-001)	/library/DUT-NY-001	/exhibit/DUT-NY-001
Ex. DUT-NY-002	N.Y. Public Health Law § 12-b (wilful violation of health laws)	New York State Legislature (Public Health Law, article 1, title 2)	standing	New York State Legislature (Public Health Law, article 1, title 2), N.Y. Public Health Law § 12-b (wilful violation of health laws) (standing) (Ex. DUT-NY-002)	/library/DUT-NY-002	/exhibit/DUT-NY-002
Ex. DUT-NY-003	N.Y. Public Health Law § 16 (summary action)	New York State Legislature (Public Health Law, article 1, title 2); power exercised by the Commissioner of Health	standing	New York State Legislature (Public Health Law, article 1, title 2); power exercised by the Commissioner of Health, N.Y. Public Health Law § 16 (summary action) (standing) (Ex. DUT-NY-003)	/library/DUT-NY-003	/exhibit/DUT-NY-003
Ex. DUT-NY-004	N.Y. Public Health Law § 206 (Commissioner; general powers and duties)	New York State Legislature (Public Health Law, article 2, title 1); Commissioner of Health	standing	New York State Legislature (Public Health Law, article 2, title 1); Commissioner of Health, N.Y. Public Health Law § 206 (Commissioner; general powers and duties) (standing) (Ex. DUT-NY-004)	/library/DUT-NY-004	/exhibit/DUT-NY-004
Ex. DUT-NY-005	N.Y. Public Health Law § 225 (Public Health and Health Planning Council; State Sanitary Code)	New York State Legislature (Public Health Law, article 2, title 2); Public Health and Health Planning Council with the Commissioner's approval	standing	New York State Legislature (Public Health Law, article 2, title 2); Public Health and Health Planning Council with the Commissioner's approval, N.Y. Public Health Law § 225 (Public Health and Health Planning Council; State Sanitary Code) (standing) (Ex. DUT-NY-005)	/library/DUT-NY-005	/exhibit/DUT-NY-005
Ex. DUT-NY-006	N.Y. Public Health Law § 229 (sanitary code; violation; penalties)	New York State Legislature (Public Health Law, article 2, title 2)	standing	New York State Legislature (Public Health Law, article 2, title 2), N.Y. Public Health Law § 229 (sanitary code; violation; penalties) (standing) (Ex. DUT-NY-006)	/library/DUT-NY-006	/exhibit/DUT-NY-006
Ex. DUT-NY-007	N.Y. Public Health Law § 2100 (communicable diseases; local boards of health and health officers; powers and duties)	New York State Legislature (Public Health Law, article 21, title 1); powers exercised by local boards of health and health officers	standing	New York State Legislature (Public Health Law, article 21, title 1); powers exercised by local boards of health and health officers, N.Y. Public Health Law § 2100 (communicable diseases; local boards of health and health officers; powers and duties) (standing) (Ex. DUT-NY-007)	/library/DUT-NY-007	/exhibit/DUT-NY-007
Ex. DUT-NY-008	N.Y. Public Health Law § 1303 (nuisances; local boards of health; general powers and duties)	New York State Legislature (Public Health Law, article 13, title 1); powers exercised by local boards of health and health officers	standing	New York State Legislature (Public Health Law, article 13, title 1); powers exercised by local boards of health and health officers, N.Y. Public Health Law § 1303 (nuisances; local boards of health; general powers and duties) (standing) (Ex. DUT-NY-008)	/library/DUT-NY-008	/exhibit/DUT-NY-008
Ex. DUT-NY-009	10 NYCRR § 2.53 (cleansing, renovation or disinfection, when required)	Public Health and Health Planning Council (State Sanitary Code, 10 NYCRR Part 2, Communicable Diseases)	standing	Public Health and Health Planning Council (State Sanitary Code, 10 NYCRR Part 2, Communicable Diseases), 10 NYCRR § 2.53 (cleansing, renovation or disinfection, when required) (standing) (Ex. DUT-NY-009)	/library/DUT-NY-009	/exhibit/DUT-NY-009
Ex. DUT-NY-010	N.Y. Executive Law § 29-a (suspension of other laws; directives)	New York State Legislature (Executive Law, article 2-B, State and Local Natural and Man-made Disaster Preparedness)	standing	New York State Legislature (Executive Law, article 2-B, State and Local Natural and Man-made Disaster Preparedness), N.Y. Executive Law § 29-a (suspension of other laws; directives) (standing) (Ex. DUT-NY-010)	/library/DUT-NY-010	/exhibit/DUT-NY-010
Ex. DUT-NY-011	N.Y. Executive Law § 24 (local state of emergency; local emergency orders by chief executive)	New York State Legislature (Executive Law, article 2-B); powers exercised by the chief executive of every county, city, town and village	standing	New York State Legislature (Executive Law, article 2-B); powers exercised by the chief executive of every county, city, town and village, N.Y. Executive Law § 24 (local state of emergency; local emergency orders by chief executive) (standing) (Ex. DUT-NY-011)	/library/DUT-NY-011	/exhibit/DUT-NY-011
Ex. DUT-NY-012	N.Y. Labor Law § 27-d (workplace safety committees)	New York State Legislature (Labor Law, article 2; NY HERO Act, L. 2021, ch. 105, § 2, as amended by L. 2021, ch. 142)	standing	New York State Legislature (Labor Law, article 2; NY HERO Act, L. 2021, ch. 105, § 2, as amended by L. 2021, ch. 142), N.Y. Labor Law § 27-d (workplace safety committees) (standing) (Ex. DUT-NY-012)	/library/DUT-NY-012	/exhibit/DUT-NY-012
Ex. DUT-NY-013	N.Y. Labor Law § 200 (general duty to protect health and safety of employees; enforcement)	New York State Legislature (Labor Law, article 7, general provisions)	standing	New York State Legislature (Labor Law, article 7, general provisions), N.Y. Labor Law § 200 (general duty to protect health and safety of employees; enforcement) (standing) (Ex. DUT-NY-013)	/library/DUT-NY-013	/exhibit/DUT-NY-013
Ex. DUT-NY-014	N.Y. Labor Law § 218-b (prevention of occupational exposure to an airborne infectious disease), codified text as amended	New York State Legislature (Labor Law, article 7; NY HERO Act, L. 2021, ch. 105, § 1, as amended by L. 2021, ch. 142); Commissioner of Labor in consultation with the Commissioner of Health	standing	New York State Legislature (Labor Law, article 7; NY HERO Act, L. 2021, ch. 105, § 1, as amended by L. 2021, ch. 142); Commissioner of Labor in consultation with the Commissioner of Health, N.Y. Labor Law § 218-b (prevention of occupational exposure to an airborne infectious disease), codified text as amended (standing) (Ex. DUT-NY-014)	/library/DUT-NY-014	/exhibit/DUT-NY-014
Ex. DUT-NY-015	Chapter 142 of the Laws of 2021 (S. 6768), amending Labor Law §§ 218-b and 27-d and the effective date of chapter 105 of 2021 (NY HERO Act)	New York State Legislature (S. 6768, signed by Governor Cuomo June 11, 2021)	standing	New York State Legislature (S. 6768, signed by Governor Cuomo June 11, 2021), Chapter 142 of the Laws of 2021 (S. 6768), amending Labor Law §§ 218-b and 27-d and the effective date of chapter 105 of 2021 (NY HERO Act) (standing) (Ex. DUT-NY-015)	/library/DUT-NY-015	/exhibit/DUT-NY-015
Ex. DUT-NY-016	Chapter 134 of the Laws of 2020 (S. 8835), amending Public Health Law §§ 3081(5) and 3082(1) (Emergency or Disaster Treatment Protection Act)	New York State Legislature (S. 8835, signed by Governor Cuomo August 3, 2020), amending Public Health Law article 30-D (Emergency or Disaster Treatment Protection Act, enacted April 3, 2020 as Part GGG of chapter 56 of 2020)	standing	New York State Legislature (S. 8835, signed by Governor Cuomo August 3, 2020), amending Public Health Law article 30-D (Emergency or Disaster Treatment Protection Act, enacted April 3, 2020 as Part GGG of chapter 56 of 2020), Chapter 134 of the Laws of 2020 (S. 8835), amending Public Health Law §§ 3081(5) and 3082(1) (Emergency or Disaster Treatment Protection Act) (Aug. 3, 2020) (Ex. DUT-NY-016)	/library/DUT-NY-016	/exhibit/DUT-NY-016
Ex. DUT-NY-017	29 U.S.C. § 654 (duties of employers and employees; the general duty clause), 2020 edition	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), 2020 edition (standing) (Ex. DUT-NY-017)	/library/DUT-NY-017	/exhibit/DUT-NY-017
Ex. DUT-NY-018	Chapter 96 of the Laws of 2021 (S. 5177), repealing Public Health Law article 30-D (Emergency or Disaster Treatment Protection Act)	New York State Legislature (S. 5177, signed by Governor Cuomo April 6, 2021)	standing	New York State Legislature (S. 5177, signed by Governor Cuomo April 6, 2021), Chapter 96 of the Laws of 2021 (S. 5177), repealing Public Health Law article 30-D (Emergency or Disaster Treatment Protection Act) (standing) (Ex. DUT-NY-018)	/library/DUT-NY-018	/exhibit/DUT-NY-018
Ex. DUT-NY-019	Columbus Ale House, Inc. v. Cuomo, No. 1:20-cv-04291-BMC, Doc. 20 (E.D.N.Y. Oct. 16, 2020) (memorandum decision and order denying preliminary injunction against…	Hon. Brian M. Cogan, U.S.D.J.	standing	Hon. Brian M. Cogan, U.S.D.J, Columbus Ale House, Inc. v. Cuomo, No. 1:20-cv-04291-BMC, Doc. 20 (E.D.N.Y. Oct. 16, 2020) (memorandum decision and order denying preliminary injunction against the midnight closing rule for New York City food service establishments) (Ex. DUT-NY-019)	/library/DUT-NY-019	/exhibit/DUT-NY-019
Ex. DUT-NY-020	Summons and Complaint, People of the State of New York v. Amazon.com, Inc., Amazon.com Sales, Inc. and Amazon.com Services LLC, Index No. 45362/2021 (as printed…	Letitia James, Attorney General of the State of New York (plaintiff, People of the State of New York)	standing	Letitia James, Attorney General of the State of New York (plaintiff, People of the State of New York), Summons and Complaint, People of the State of New York v. Amazon.com, Inc., Amazon.com Sales, Inc. and Amazon.com Services LLC, Index No. 45362/2021 (as printed on the NYSCEF header), NYSCEF Doc. No. 1 (Sup. Ct. N.Y. Cnty. filed Feb. 16, 2021) (Ex. DUT-NY-020)	/library/DUT-NY-020	/exhibit/DUT-NY-020
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. NY-003	Executive Order No. 202.6	Governor Andrew M. Cuomo	Mar. 18, 2020	Governor Andrew M. Cuomo, Executive Order No. 202.6 (Mar. 18, 2020) (Ex. NY-003)	/library/NY-003	/exhibit/NY-003
Ex. NY-010	Executive Order No. 202.3	Governor Andrew M. Cuomo	Mar. 16, 2020	Governor Andrew M. Cuomo, Executive Order No. 202.3 (Mar. 16, 2020) (Ex. NY-010)	/library/NY-010	/exhibit/NY-010
Ex. NY-012	Executive Order No. 202.5	Governor Andrew M. Cuomo	Mar. 18, 2020	Governor Andrew M. Cuomo, Executive Order No. 202.5 (Mar. 18, 2020) (Ex. NY-012)	/library/NY-012	/exhibit/NY-012
Ex. NY-014	New York EO 202.11 (Mar. 27, 2020)	Governor Andrew M. Cuomo	Mar. 27, 2020	Governor Andrew M. Cuomo, New York EO 202.11 (Mar. 27, 2020) (Ex. NY-014)	/library/NY-014	/exhibit/NY-014
Ex. NY-015	Executive Order No. 202.13	Governor Andrew M. Cuomo	Mar. 29, 2020	Governor Andrew M. Cuomo, Executive Order No. 202.13 (Mar. 29, 2020) (Ex. NY-015)	/library/NY-015	/exhibit/NY-015
Ex. NY-016	Executive Order No. 202.14	Governor Andrew M. Cuomo	Apr. 7, 2020	Governor Andrew M. Cuomo, Executive Order No. 202.14 (Apr. 7, 2020) (Ex. NY-016)	/library/NY-016	/exhibit/NY-016
Ex. NY-017	Executive Order No. 202.16	Governor Andrew M. Cuomo	Apr. 12, 2020	Governor Andrew M. Cuomo, Executive Order No. 202.16 (Apr. 12, 2020) (Ex. NY-017)	/library/NY-017	/exhibit/NY-017
Ex. NY-022	Executive Order No. 202.31 (New York Forward, Phase One)	Governor Andrew M. Cuomo	May 14, 2020	Governor Andrew M. Cuomo, Executive Order No. 202.31 (New York Forward, Phase One) (May 14, 2020) (Ex. NY-022)	/library/NY-022	/exhibit/NY-022
Ex. NY-026	Executive Order No. 202.35 (New York Forward, Phase Two)	Governor Andrew M. Cuomo	May 29, 2020	Governor Andrew M. Cuomo, Executive Order No. 202.35 (New York Forward, Phase Two) (May 29, 2020) (Ex. NY-026)	/library/NY-026	/exhibit/NY-026
Ex. NY-049	Executive Order No. 210	Governor Andrew M. Cuomo	June 24, 2021	Governor Andrew M. Cuomo, Executive Order No. 210 (June 24, 2021) (Ex. NY-049)	/library/NY-049	/exhibit/NY-049
Ex. NY-054	Executive Order No. 202.108	Governor Andrew M. Cuomo	May 17, 2021	Governor Andrew M. Cuomo, Executive Order No. 202.108 (May 17, 2021) (Ex. NY-054)	/library/NY-054	/exhibit/NY-054
Ex. NY-057	Executive Order No. 202.111	Governor Andrew M. Cuomo	June 15, 2021	Governor Andrew M. Cuomo, Executive Order No. 202.111 (June 15, 2021) (Ex. NY-057)	/library/NY-057	/exhibit/NY-057
Ex. NY-070	Executive Order No. 4	Governor Kathy Hochul	Sept. 27, 2021	Governor Kathy Hochul, Executive Order No. 4 (Sept. 27, 2021) (Ex. NY-070)	/library/NY-070	/exhibit/NY-070
Ex. NY-071	10 NYCRR 2.61 (Prevention of COVID-19 Transmission by Covered Entities), emergency rule I.D. No. HLT-37-21-00003-E, Filing No. 946, filed and effective Aug. 26…	New York State Department of Health / Public Health and Health Planning Council (New York State Register, Sept. 15, 2021, Vol. XLIII, Issue 37)	Aug. 26, 2021	New York State Department of Health / Public Health and Health Planning Council (New York State Register, Sept. 15, 2021, Vol. XLIII, Issue 37), 10 NYCRR 2.61 (Prevention of COVID-19 Transmission by Covered Entities), emergency rule I.D. No. HLT-37-21-00003-E, Filing No. 946, filed and effective Aug. 26, 2021 (Ex. NY-071)	/library/NY-071	/exhibit/NY-071
Ex. NY-072	10 NYCRR 2.9 (COVID-19 Reporting in Schools) and 2.62 (COVID-19 Testing Requirements), emergency rule I.D. No. HLT-38-21-00002-E, Filing No. 954, filed and…	New York State Department of Health / Public Health and Health Planning Council (New York State Register, Sept. 22, 2021, Vol. XLIII, Issue 38)	Sept. 2, 2021	New York State Department of Health / Public Health and Health Planning Council (New York State Register, Sept. 22, 2021, Vol. XLIII, Issue 38), 10 NYCRR 2.9 (COVID-19 Reporting in Schools) and 2.62 (COVID-19 Testing Requirements), emergency rule I.D. No. HLT-38-21-00002-E, Filing No. 954, filed and effective Sept. 2, 2021 (Ex. NY-072)	/library/NY-072	/exhibit/NY-072
Ex. NY-073	Commissioner's Determination on Indoor Masking Pursuant to 10 NYCRR 2.60	Commissioner of Health Howard A. Zucker, M.D., J.D.	Aug. 27, 2021	Commissioner of Health Howard A. Zucker, M.D., J.D, Commissioner's Determination on Indoor Masking Pursuant to 10 NYCRR 2.60 (Aug. 27, 2021) (Ex. NY-073)	/library/NY-073	/exhibit/NY-073
Ex. NY-074	Commissioner's Determination on Indoor Masking Pursuant to 10 NYCRR 2.61	Commissioner of Health Howard A. Zucker, M.D., J.D.	Aug. 27, 2021	Commissioner of Health Howard A. Zucker, M.D., J.D, Commissioner's Determination on Indoor Masking Pursuant to 10 NYCRR 2.61 (Aug. 27, 2021) (Ex. NY-074)	/library/NY-074	/exhibit/NY-074
Ex. NY-075	Commissioner's Determination on COVID-19 Testing Pursuant to 10 NYCRR 2.62	Commissioner of Health Howard A. Zucker, M.D., J.D.	Sept. 2, 2021	Commissioner of Health Howard A. Zucker, M.D., J.D, Commissioner's Determination on COVID-19 Testing Pursuant to 10 NYCRR 2.62 (Sept. 2, 2021) (Ex. NY-075)	/library/NY-075	/exhibit/NY-075
Ex. NY-076	Interim Guidance for P-12 Schools (2021-22 school year)	New York State Department of Health	Sept. 2, 2021	New York State Department of Health, Interim Guidance for P-12 Schools (2021-22 school year) (Sept. 2, 2021) (Ex. NY-076)	/library/NY-076	/exhibit/NY-076
Ex. NY-078	Frequently Asked Questions for 10 NYCRR Section 2.61 (Sept. 20, 2021)	New York State Department of Health	Sept. 20, 2021	New York State Department of Health, Frequently Asked Questions for 10 NYCRR Section 2.61 (Sept. 20, 2021) (Ex. NY-078)	/library/NY-078	/exhibit/NY-078
Ex. NY-080	Chapter 23 of the Laws of 2020 (S.7919)	New York State Legislature (S.7919, signed by Governor Andrew M. Cuomo)	Mar. 3, 2020	New York State Legislature (S.7919, signed by Governor Andrew M. Cuomo), Chapter 23 of the Laws of 2020 (S.7919) (Mar. 3, 2020) (Ex. NY-080)	/library/NY-080	/exhibit/NY-080
Ex. NY-081	Chapter 71 of the Laws of 2021 (S.5357)	New York State Legislature (S.5357, signed by Governor Andrew M. Cuomo)	Mar. 7, 2021	New York State Legislature (S.5357, signed by Governor Andrew M. Cuomo), Chapter 71 of the Laws of 2021 (S.5357) (Mar. 7, 2021) (Ex. NY-081)	/library/NY-081	/exhibit/NY-081
Ex. NY-082	Chapter 105 of the Laws of 2021 (S.1034-B), the New York Health and Essential Rights Act (NY HERO Act)	New York State Legislature (S.1034-B, signed by Governor Andrew M. Cuomo)	May 5, 2021	New York State Legislature (S.1034-B, signed by Governor Andrew M. Cuomo), Chapter 105 of the Laws of 2021 (S.1034-B), the New York Health and Essential Rights Act (NY HERO Act) (May 5, 2021) (Ex. NY-082)	/library/NY-082	/exhibit/NY-082
Ex. NY-083	Chapter 381 of the Laws of 2020 (S.9114), COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020	New York State Legislature (S.9114, signed by Governor Andrew M. Cuomo)	Dec. 28, 2020	New York State Legislature (S.9114, signed by Governor Andrew M. Cuomo), Chapter 381 of the Laws of 2020 (S.9114), COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 (Dec. 28, 2020) (Ex. NY-083)	/library/NY-083	/exhibit/NY-083
Ex. NY-084	Chapter 73 of the Laws of 2021 (S.471-A), COVID-19 Emergency Protect Our Small Businesses Act of 2021	New York State Legislature (S.471-A, signed by Governor Andrew M. Cuomo)	Mar. 9, 2021	New York State Legislature (S.471-A, signed by Governor Andrew M. Cuomo), Chapter 73 of the Laws of 2021 (S.471-A), COVID-19 Emergency Protect Our Small Businesses Act of 2021 (Mar. 9, 2021) (Ex. NY-084)	/library/NY-084	/exhibit/NY-084
Ex. NY-085	Chapter 104 of the Laws of 2021 (S.6362-A)	New York State Legislature (S.6362-A, signed by Governor Andrew M. Cuomo)	May 4, 2021	New York State Legislature (S.6362-A, signed by Governor Andrew M. Cuomo), Chapter 104 of the Laws of 2021 (S.6362-A) (May 4, 2021) (Ex. NY-085)	/library/NY-085	/exhibit/NY-085
Ex. NY-086	Chapter 417 of the Laws of 2021 (S.50001)	New York State Legislature (S.50001, extraordinary session, signed by Governor Kathy Hochul)	Sept. 2, 2021	New York State Legislature (S.50001, extraordinary session, signed by Governor Kathy Hochul), Chapter 417 of the Laws of 2021 (S.50001) (Sept. 2, 2021) (Ex. NY-086)	/library/NY-086	/exhibit/NY-086
Ex. NY-087	Chapter 127 of the Laws of 2020 (S.8192-B), the Tenant Safe Harbor Act	New York State Legislature (S.8192-B, signed by Governor Andrew M. Cuomo)	June 30, 2020	New York State Legislature (S.8192-B, signed by Governor Andrew M. Cuomo), Chapter 127 of the Laws of 2020 (S.8192-B), the Tenant Safe Harbor Act (June 30, 2020) (Ex. NY-087)	/library/NY-087	/exhibit/NY-087
Ex. NY-091	Guidance for Determining Whether a Business Enterprise is Subject to a Workforce Reduction Under Recent Executive Orders (Guidance on Executive Order 202.6)…	Empire State Development Corporation (under EO 202.6)	Mar. 20, 2020	Empire State Development Corporation (under EO 202.6), Guidance for Determining Whether a Business Enterprise is Subject to a Workforce Reduction Under Recent Executive Orders (Guidance on Executive Order 202.6), initial version (Mar. 20, 2020) (Ex. NY-091)	/library/NY-091	/exhibit/NY-091
Ex. NY-127	Commissioner's Designation Pursuant to Labor Law 218-b for COVID-19	Commissioner of Health Howard A. Zucker, M.D., J.D.	Sept. 6, 2021	Commissioner of Health Howard A. Zucker, M.D., J.D, Commissioner's Designation Pursuant to Labor Law 218-b for COVID-19 (Sept. 6, 2021) (Ex. NY-127)	/library/NY-127	/exhibit/NY-127
Ex. NY-128	Commissioner's Designation Pursuant to Labor Law 218-b for COVID-19 (continuation)	Commissioner of Health Howard A. Zucker, M.D., J.D.	Sept. 30, 2021	Commissioner of Health Howard A. Zucker, M.D., J.D, Commissioner's Designation Pursuant to Labor Law 218-b for COVID-19 (continuation) (Sept. 30, 2021) (Ex. NY-128)	/library/NY-128	/exhibit/NY-128
Ex. NY-129	NY HERO Act: The Airborne Infectious Disease Exposure Prevention Standard (P764, v4)	New York State Department of Labor (with the Department of Health)	July 6, 2021	New York State Department of Labor (with the Department of Health), NY HERO Act: The Airborne Infectious Disease Exposure Prevention Standard (P764, v4) (July 6, 2021) (Ex. NY-129)	/library/NY-129	/exhibit/NY-129
Ex. NY-130	NY HERO Act Model Airborne Infectious Disease Exposure Prevention Plan (P765)	New York State Department of Labor	July 6, 2021	New York State Department of Labor, NY HERO Act Model Airborne Infectious Disease Exposure Prevention Plan (P765) (July 6, 2021) (Ex. NY-130)	/library/NY-130	/exhibit/NY-130
Ex. NY-131	Interim Guidance for Office-Based Work During the COVID-19 Public Health Emergency	New York State Department of Health (New York Forward)	May 29, 2020	New York State Department of Health (New York Forward), Interim Guidance for Office-Based Work During the COVID-19 Public Health Emergency (May 29, 2020) (Ex. NY-131)	/library/NY-131	/exhibit/NY-131
Ex. NY-132	The NY HERO Act: Information and FAQs (fact sheet, Sept. 9, 2021)	New York State Department of Labor	Sept. 9, 2021	New York State Department of Labor, The NY HERO Act: Information and FAQs (fact sheet, Sept. 9, 2021) (Ex. NY-132)	/library/NY-132	/exhibit/NY-132
Ex. NY-133	10 NYCRR Subpart 66-3 (Face-Coverings), emergency readoption I.D. No. HLT-28-21-00001-E, filed and effective June 23, 2021	New York State Department of Health / Public Health and Health Planning Council (New York State Register, July 14, 2021, Vol. XLIII, Issue 28)	June 23, 2021	New York State Department of Health / Public Health and Health Planning Council (New York State Register, July 14, 2021, Vol. XLIII, Issue 28), 10 NYCRR Subpart 66-3 (Face-Coverings), emergency readoption I.D. No. HLT-28-21-00001-E, filed and effective June 23, 2021 (Ex. NY-133)	/library/NY-133	/exhibit/NY-133
Ex. NY-134	10 NYCRR Subpart 66-3 (Face-Coverings), emergency rule I.D. No. HLT-24-21-00001-E, filed and effective May 26, 2021	New York State Department of Health / Public Health and Health Planning Council (published by the Department of State, New York State Register, June 16, 2021, Vol. XLIII, Issue 24)	May 26, 2021	New York State Department of Health / Public Health and Health Planning Council (published by the Department of State, New York State Register, June 16, 2021, Vol. XLIII, Issue 24), 10 NYCRR Subpart 66-3 (Face-Coverings), emergency rule I.D. No. HLT-24-21-00001-E, filed and effective May 26, 2021 (Ex. NY-134)	/library/NY-134	/exhibit/NY-134
Ex. NY-135	10 NYCRR Subpart 66-4 (COVID-19 Vaccinations of Nursing Home and Adult Care Facility Residents and Personnel), emergency readoption I.D. No. HLT-33-21-00001-E…	New York State Department of Health / Public Health and Health Planning Council (New York State Register, Aug. 18, 2021, Vol. XLIII, Issue 33)	July 30, 2021	New York State Department of Health / Public Health and Health Planning Council (New York State Register, Aug. 18, 2021, Vol. XLIII, Issue 33), 10 NYCRR Subpart 66-4 (COVID-19 Vaccinations of Nursing Home and Adult Care Facility Residents and Personnel), emergency readoption I.D. No. HLT-33-21-00001-E, filed and effective July 30, 2021; with 405.11/415.19 PPE (HLT-33-21-00002-E) and Part 360 Surge and Flex (HLT-33-21-00003-E), both July 30, 2021 (Ex. NY-135)	/library/NY-135	/exhibit/NY-135
Ex. NY-136	12 NYCRR 840.1 (Airborne Infectious Disease Exposure Prevention Standard), emergency and proposed rule I.D. No. LAB-34-21-00002-EP, filed and effective Aug. 5…	New York State Department of Labor (New York State Register, Aug. 25, 2021, Vol. XLIII, Issue 34)	Aug. 5, 2021	New York State Department of Labor (New York State Register, Aug. 25, 2021, Vol. XLIII, Issue 34), 12 NYCRR 840.1 (Airborne Infectious Disease Exposure Prevention Standard), emergency and proposed rule I.D. No. LAB-34-21-00002-EP, filed and effective Aug. 5, 2021 (Ex. NY-136)	/library/NY-136	/exhibit/NY-136
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=NY&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.