New Jersey’s Government Order Addresses COVID-19 And Office Security – Employment and HR

United States:

New Jersey’s Government Order Addresses COVID-19 And Office Security

Q: Our firm has a number of areas in New Jersey the place
our staff work in proximity to clients and distributors. Are you able to
please present particulars on Governor Murphy’s latest order
implementing new office well being and security protocols in response
to the COVID-19 pandemic?



A: On October 28, New Jersey Governor Phil Murphy signed an
government order establishing new well being and security necessities for
employers with staff who’re bodily current within the
office. Efficient November 5, the order establishes minimal
requirements for all private and non-private employers to guard
staff, clients, and others who’re current within the
office.



The excellent news is that many New Jersey employers have carried out at
least a few of these necessities already. Alternatively,
employers who’re behind the curve ought to take steps towards
compliance immediately, on condition that failure to take action might end in
stiff penalties. The important thing necessities for employers beneath the order
are as follows:

• Employers should guarantee all people
  within the office preserve bodily distancing of six ft every time
  possible. If social distancing isn’t doable because of the nature of
  the work, the employer should take further steps, for instance, by
  putting in limitations if house permits.




• All staff and guests over the
  age of two should put on face masks always, except office
  logistics allow social distancing of six ft or extra, the
  worker works alone in a room separated from different people, or
  in conditions the place masks are “impracticable” given the
  nature of the work.




• For workers requesting a masks
  requirement exception resulting from a incapacity, employers could require
  medical documentation to help an worker’s request for an
  lodging.




• Employers should present sanitation
  provides (hand sanitizer/wipes, masks) for free of charge to staff,
  clients, and guests.




• Employers should make sure that staff
  repeatedly wash their fingers, which can embrace offering further
  break time or rearranging the office to facilitate higher entry
  to handwashing services.




• Companies should routinely clear and
  disinfect all “high-touch” areas in accordance with
  steerage from the state’s Division of Well being and the U.S.
  Facilities for Illness Management and Prevention.




• Prior to each shift, employers should
  conduct well being checks of staff, which can embrace temperature
  screening, well being questionnaires, and visible evaluation of
  signs. Anybody with signs indicating potential sickness have to be
  separated from different people instantly and despatched residence.




• Employers should promptly notify
  staff of any potential publicity within the office, whereas
  observing confidentiality necessities beneath the American with
  Disabilities Act and different relevant legal guidelines.

The order additionally directs the state’s Division of Labor and
Workforce Growth to implement consumption procedures for worker
complaints referring to an employer’s failure to satisfy the brand new
requirements. Penalties for failing to adjust to the brand new guidelines
embrace potential closure of the enterprise together with important
fines, in addition to potential incarceration of as much as six months for
extra severe violations.

As talked about above, for a lot of beleaguered employers throughout the
state, the brand new necessities beneath the order merely formalize the
well being and security measures already in place. Nevertheless, on condition that
failure to adjust to the order might end in substantial
penalties, the time is now for employers to make sure compliance.
Employers who haven’t met all the brand new necessities ought to notice
that, beneath the brand new order, the commissioner of the Division of
Well being is permitted to develop procedures for on-site
investigations of worker complaints, which can be coordinated
with related federal companies, together with the Occupational Security
and Well being Administration (OSHA). It’s not unreasonable to
speculate that, with the approaching shift within the government department,
we are able to anticipate extra vigorous regulatory motion by OSHA and different
federal and state companies charged with monitoring office
security. As such, employers presently not in compliance with the
laws ought to overview the order and modify office logistics
accordingly.

Initially Revealed by Troutman Pepper, December
2020

The content material of this text is meant to offer a common
information to the subject material. Specialist recommendation needs to be sought
about your particular circumstances.

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