On Wednesday Governor Murphy issued Executive Order 192 which requires employers to take certain measurers related to COVID19.
Among the requirements employers must:
- Ensure that all employees are six feet apart to the maximum extent possible;
- Require face masks, except when an employee is at their workstation at least six feet from others, or is alone in a walled space such as an office – Note: employers may be authorized to prevent individuals who refuse to wear a mask from entering the worksite, where such actions are consistent with state and federal law.
- Provide face masks and sanitizing wipes/hand gel for their employees at the employer’s expense.
- Provide approved sanitizing wipes/hand gel for visitors at no cost to those individuals.
- Disinfect “high touch” areas consistent with NJ Department of Health and CDC guidelines.
- Conduct daily health checks, prior to a shift starting.
- Not allow sick employees to enter workplace.
- Follow requirements of applicable leave law.
- Notify employees of any known exposure to COVID-19 at the worksite.
Employers may have to provide an accommodation to employees who can medically document they have a disability and cannot wear a mask if the employee’s disability is covered under the American’s with Disabilities Act or NJ Law Against Discrimination.
If a customer or visitor refuses to wear a mask based on a disability neither the employer or its employees can require the individual to provide medical documentation. Conversely, the employer may have to make an accommodation unless it produces an undue hardship.
The NJ Department of Labor and Workforce Development, in consultation with the NJ Department of Health and OSHA, will receive and investigate complaints against employers and give employers an opportunity to correct any deficiency. DOLWD will also provide training for employers and employees.
EO 192 states explicitly there is no private right of action to enforce its provisions.
EO 192 is effective November 5, 2020 at 6:00am.