New Jersey (Re) Issues COVID-19 Safety Requirements for All Businesses and Provides for Increased Enforcement Actions

On October 28, 2020, New Jersey’s Governor, Phil Murphy, issued his latest COVID-19 related executive order, Executive Order No. 192, which sets forth minimum COVID-19 safety requirements for all businesses that require or permit in-person workers. The requirements become effective November 5, 2020, at 6 a.m.. The good news for most employers is that the requirements largely consist of safety precautions already required by Governor Murphy’s previous executive orders and existing guidance from the Centers for Disease Control (CDC).

Executive Order 192 generally requires that employers comply with certain minimum standards regarding the following:

• Social distancing

  • Businesses must require individuals to maintain at least six feet of distance from one another to the maximum extent possible in all areas of the worksite (e.g. entrances, common areas, and restrooms).

  • If social distancing is not possible, employers must install physical barriers between workstations wherever possible.

• Face coverings

  • All employees, customers, visitors, and other individuals entering a worksite must generally wear a face covering. There are exceptions for children under two years old and when a face covering is impractical, such as when an individual is eating or drinking.

  • Employers must provide face coverings for employees, at no cost to the employee.

  • Employees are permitted to remove face masks when situated at their workstations and more than six feet from other individuals, or when alone in a walled office.

  • Businesses may deny entry to a worksite to any individual who declines to wear a mask, subject to the reasonable accommodation requirements of the Americans with Disabilities Act (ADA) and the New Jersey Law Against Discrimination (NJLAD). Medical documentation for an accommodation request may be required from employees, but not customers.

• Sanitation and hygiene

  • Businesses must provide sanitization materials, such as hand sanitizer of at least 60% alcohol, to employees, customers, and visitors.

  • Employees must be provided with break times throughout the workday for repeated hand washing.

  • Employees who interact with the public may be required to wear gloves in addition to regular hand hygiene. If gloves are required, they must be provided by the employer, at no cost to the employee.

  • High-touch areas must be routinely cleaned and disinfected.

• Daily health checks

  • Employers must conduct daily health checks of employees prior to each shift. The health check should consist of temperature screenings, visual symptom checking, self-assessments and/or questionnaires of COVID-19 symptoms.

• Notification for known exposures

  • All employees must be notified promptly of any know exposure to COVID-19 at the workforce, while preserving confidentiality as required by the ADA.

As previously mentioned, the requirements in Executive Order 192 are consistent with Governor Murphy’s prior executive orders and existing CDC guidance. Thus, most employers should only need to make minimal, if any, changes to their COVID-19 safety protocols in order to meet the required standards.

Significantly, Executive Order 192 authorizes the New Jersey Department of Labor (NJDOL) to support the New Jersey Department of Health (NJDOH) and investigate employer compliance with COVID-19 safety requirements. Thus, New Jersey businesses should expect an increase in audits and investigations from the NJDOL and/or NJDOH related to COVID-19 safety issues. The risk of an investigation should not be taken lightly as failure to comply with the COVID-19 safety requirements constitutes a disorderly persons offense and carriers the risk of jail time and/or fines.

Given the seeming focus of Executive Order 192 on investigations and enforcement, employers in New Jersey should carefully review their COVID-19 safety policies to ensure that those policies meet the minimum standards set forth in Executive Order 192. New Jersey businesses should also set forth their COVID-19 safety policies and procedures in a written document, which will aid not only in compliance, but during any investigation or audit.

If you have questions about your business’s COVID-19 safety policies please contact us at (201) 345-5412 / (646) 503-5358 or through our online scheduling system to schedule a complimentary consultation.