NJ Executive Order Update

NJ Executive Order 192

Yesterday, Governor Murphy issued Executive Order No. 192, establishing safety mandates for NJ businesses to follow due to the recent spike in cases of COVID-19 throughout the state. These mandates, formerly referred to as guidelines, are practices many businesses have already implemented and are consistent with the guidance we have been providing to clients; however, the following practices are becoming mandatory effective November 5th:

  • Individuals on the worksite must maintain proper social distancing of at least six feet apart from one another
    • When the nature of work does not allow for proper social distancing, employers must ensure that each employee wears a mask and install social distancing barriers between work stations where possible
  • All employers, employees, customers, and visitors entering the worksite must wear cloth face coverings or disposable masks while on-premises
    • Exceptions to this include individuals under the age of two, or when a person is eating or drinking
    • Masking requirements specific to employees include:
      • Employers may permit employees to remove face masks when the employees are situated at their workstations and are 5 more than six feet from other individuals at the workplace, or when an individual is alone in a walled office;
      • Employers must provide such face masks to their employees;
      • Nothing in this subsection shall prevent employees from wearing a surgical-grade mask or other more protective face masks, or interfere with the employer’s obligation to provide employees with more protective equipment if it is otherwise required because of the nature of the work involved; and
      • Employers may deny entry to the worksite to any employee who declines to wear a face mask, except when doing so would violate State or federal law. Where an employee cannot wear a mask because of a disability, an employer may, consistent with the Americans with Disabilities Act (“ADA”) and/or New Jersey Law Against Discrimination (“NJLAD”), be required to provide the employee with a reasonable accommodation unless doing so would be an undue hardship on the employer’s operations. An employer may require employees to produce medical documentation supporting claims that they are unable to wear a face mask because of a disability
    • Masking requirements specific to customers and visitors include:
      • Employers may deny entry to the worksite to any customer or visitor who declines to wear a face mask, except when doing so would violate State or federal law
      • Where a customer or other visitor declines to wear a face mask on the premises due to a disability that inhibits such usage, neither the employer nor its employees shall require the individual to produce medical documentation verifying the stated condition unless production is otherwise required by State or federal law
  • Employers must provide sanitization materials, such as hand sanitizer that contains at least 60% alcohol and sanitizing wipes that are approved by the United States Environmental Protection Agency for SARS-CoV-2 virus to employees, customers, and visitors
  • Employers must ensure that employees practice regular hand hygiene, particularly when such employees are interacting with the public. They must provide employees with break time for repeated handwashing throughout the workday and access to adequate handwashing facilities.
  • Employers must routinely clean and disinfect all high-touch areas in accordance with CDC guidelines, particularly in spaces that are accessible to employees, customers, or other individuals, including, but not limited to, restrooms, handrails, doorknobs, other common surfaces, safety equipment, and other frequently touched surfaces
    • Prior to each shift, employers must conduct daily health checks of employees including temperature screenings, visual symptom checking, self-assessment checklists, and/or health questionnaires, consistent with CDC guidance
  • Employers must immediately separate and send home employees who appear to have symptoms, as defined by the CDC, consistent with COVID-19 illness upon arrival at work or who become sick during the day
  • Employers must promptly notify all employees of any known exposure to COVID-19 at the worksite consistent with the confidentiality requirements of the ADA
  • Employers must clean and disinfect the worksite in accordance with CDC guidelines when an employee at the site has been diagnosed with COVID-19 illness

It is important to us, your business, and to the wellbeing of your employees and customers that these mandated guidelines be carried out. If you would like our assistance putting this mandate into practice and/or additional guidance on following proper COVID-19 protocols, please reach out to EnformHR— we are here for you!

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Cristina Amyot

Cristina Amyot holds Master’s Degree in Human Resource Management from Rutgers University and a Senior Certified Professional (SHRM-SCP) certification from the Society for Human Resource Management (SHRM)

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