Given rapidly rising COVID rates in NJ (and national rates being at an all-time high) Executive Order 192 (“EO 192”), issued by Gov. Murphy on October 28th sets forth specific requirements for all employers in New Jersey, regardless of size, including private and public employers. If you have been following the guidance from our office, few, if any of these rules should come as any surprise. EO 192 requires:

• Six feet of distance between individuals at a worksite to the maximum extent possible. When not possible, employers have a duty to ensure masks and physical barriers are provided.

• Face masks should be worn whenever possible, except where the individual is under the age of two, the individual is eating or drinking, or the services being performed prevents wearing a mask.

  • Employees may remove masks when they are at least six feet apart or alone in a walled office.

  • Employees who refuse to wear face masks can be barred from the worksite until such time as they have provided medical documentation supporting their claim they are medically unable to wear a face mask.

  • Customers who refuse to wear a mask cannot be required to produce medical proof that they are unable to wear a mask. However, they may be denied entry if a reasonable accommodation can be provided (i.e. deliver the goods to their car).

• Employers, at their own expense, must make masks available to their employees.

• Employers must make hand sanitizer available at their expense to employees and customers.

• Employers should:

  • Ensure there are adequate handwashing facilities, should ensure employees are washing hands and have adequate break time to do so.

  • Routinely clean and disinfect high touch areas.

  • Conduct daily health checks (i.e. temperature screenings, visual symptom checking, self-assessment checklists, etc.).
    Immediately send home employees with symptoms of COVID-19 (subject to making sure the employee is capable of traveling home).

  • Promptly notify employees of all known exposures of COVID-19 at the worksite.

Other than requiring that face masks and hand sanitizer be made available (which many employers have already been doing), none of these rules should be seen as a change from standard COVID related advice that has been provided to employers for the last several months. Employers are reminded to stay vigilant and it is strongly recommended that COVID-19/Pandemic policies be put in place.