New Jersey Imposes Additional COVID-19 Mitigation Requirements on Businesses

Mask and gloves

Mask and gloves

As we previously posted, through Executive Order No. 107, New Jersey required most businesses to close to the public in an effort to combat the spread of the coronavirus. On April 8, 2020, Governor Murphy signed Executive Order No. 122, which imposes new minimum mitigation requirements upon New Jersey’s businesses and closed all non-essential construction projects, effective as of 8 pm on April 10, 2020. The specific mitigation efforts that a business is required to adopt vary depending on the nature of the business, as explained below.

Essential Retail Businesses Open to the Public

Essential retail businesses that are permitted to remain open to the public under Executive Order No. 107 must adopt the following policies:

  • Limit occupancy to 50% of the store’s stated maximum occupancy;

  • Establish hours of operation that permit sole access to high-risk individuals, if possible;

  • Install physical barriers between customers and cashiers wherever feasible or otherwise ensure six feet of distance between those individuals, except for at the moment of payment;

  • Require infection control practices;

  • Provide employees with break time for repeated hand-washing;

  • Arrange for contactless pay options, pickup, and delivery, wherever feasible;

  • Provide hand sanitizer and wipes to staff and customers;

  • Require the frequent sanitization of high-touch areas;

  • Place conspicuous signage at entrances and through the store alerting customers and staff to maintain social distancing;

  • Demarcate six feet of spacing in check-out lines; and

  • Require workers and customers to wear face coverings while on the premises. The only exceptions to this requirement are for children under two years old or when the face covering would inhibit the individual’s health. Businesses are required to provide, at their expense, face coverings and gloves for employees.

Manufacturing, Warehousing and Essential Construction

Manufacturing businesses, warehousing businesses, and businesses performing essential construction, must:

  • Prohibit the presence of non-essential visitors;

  • Limit meetings and workgroups to less than ten people;

  • Require individuals to maintain at least six feet of distancing whenever possible;

  • Stagger start and stop times where practicable to limit the number of individuals entering or leaving a worksite at the same time;

  • Stagger break times and work times where practicable;

  • Restrict the number of people who can access common areas concurrently;

  • Require workers and visitors to wear cloth face coverings while on the premises. The only exceptions to this requirement are for children under two years old or when the face covering would inhibit the individual’s health. Businesses are required to provide, at their expense, face coverings and gloves for employees;

  • Require infection control practices; and

  • Require the frequent sanitization of high-touch areas.

In addition, businesses in both of the above categories must adopt policies that require:

  • Immediately separating and sending home any workers who appear to have symptoms consist with COVID-19;

  • Promptly notifying workers of any known exposure to COVID-19 at the worksite, while maintaining confidentiality requirements; and

  • Cleaning and disinfecting the worksite in accordance with CDC guidelines when a worker at the site has been diagnosed with COVID-19.

All Businesses

All businesses that remain open, most owners of commercial buildings, and owners of residential buildings with 50 or more units must adopt policies to:

  • Routinely clean and disinfect high-touch areas in accordance with CDC guidelines;

  • Maintain cleaning procedures in all other areas; and

  • Ensure a sufficient number of workers perform the above protocols and ensure the safety of occupants, visitors, and workers.

These new mitigation requirements remain in effect until revoked or modified.

As we continue to combat the spread of the coronavirus, the legal obligations of employers and other business owners continue to evolve. Business owners should continue to consult with their legal advisors to ensure they remain complaint with any new legal changes to any potential legal liabilities.

If you have questions about your business’s handling of coronavirus related employment or business issues, please contact us at (201) 345-5412 / (646) 503-5358 or through our online scheduling system to schedule a complimentary consultation.

Employment Law, Business LawMichael Moreacoronavirus, New Jersey