As COVID-19 numbers have unfortunately began to rise again across New Jersey, Governor Murphy has signed an Executive Order 192 that will require employers to follow specific requirements during the pandemic. 

While the Order’s requirements are desirable and reasonable, we have already advised our clients and suspect many NJ employers are already taking appropriate precautions — such as providing masks, ensuring social distance requirements and cleaning workspace areas, among other things.

However, to create a standard for employer health protocol among all businesses, as of 6 a.m. on November 5^th, the Order is mandating private and public employers to implement the following uniform health and safety standards to protect all workers against the coronavirus.

The guidelines will mandate:

• Workers to keep at least 6 feet from each other “to the maximum extent possible.”
• Workers and visitors to wear a face mask, with limited exceptions.
• Employers to provide masks to workers at the company’s expense.
• Employers to provide workers, customers, and visitors with sanitizing materials at the company’s expense.
• Employers to conduct daily health checks of workers, such as temperature screenings, visual symptom checking, and more.
• Employers to notify workers when there is possible exposure to the virus.
• Employers to provide workers with breaks throughout the day to wash their hands.
• Employers. to routinely clean and disinfect frequently touched areas in accordance to state and federal guidelines.

Under the Order, the state Labor Department is also creating an online form for workers to submit complaints if they feel they are not in a safe environment and the employer is not abiding by the Order. The Labor Department will then work with the state Health Department to create investigation protocols. The Order also calls on the Labor Department to provide compliance and safety training for companies and employees. 

Considering there is no established federal guidelines, Governor Murphy said the state needed to create the standards to keep employers and employees as safe as possible from the current uptick in cases. New Jersey is currently the only state in America to “leverage its public sector-only jurisdiction to protect workers in the private sector from COVID-19,” state Labor Commissioner Robert Asaro-Angelo said.

So, if you are an employer who is trying to reestablish a sense of “worklife” in the office, as opposed to working from home, read and comply with the new guidelines, continue to be cautious and take as many preventative measures as you can to lessen the health risks to yourself and your employees. 

• Working collaboratively in the ever popular (before the pandemic) open office environment? You need to wear a mask, period. 
• Working alone in a walled off office? You don’t necessarily need to wear a mask, but must if another employee is present. 
• Bathroom, in person conferences, office lunches, coffee breaks, networking events? Wear a mask, clean regularly and be respectful.
• Consider air purifiers. 
• If you don’t feel well, work from home.
• If you feel you may have contracted Covid or have it, get tested.

We understand “return to work” has become so much more than those simple words. Returning to work requires thinking differently and adapting to the current pandemic. Re-opening means being open to new ways to work, conduct business, and manage, all while preparing a safe and healthy environment. If you have any questions or concerns on how to implement a safe environment or the appropriate measures to lessen your risk as an employer when returning back to the office, please reach out to us. 

UPDATE: New Jersey Gov. Phil Murphy has also said he is likely to impose some new coronavirus restrictions. This includes restaurants must close by 10 p.m., seating will be banned at indoor bars, and establishments will be prohibited from serving food and alcohol between 10 p.m. and 5 a.m. Casinos in Atlantic City will also not be permitted to serve food or alcohol during those overnight hours. Indoor bar seating had up to this point had been covered under the state’s indoor dining regulations, but it will now be prohibited. The new restrictions, which will take effect Thursday, will not affect outdoor dining. Restaurants will be able to continue building out their outdoor dining, including setting up outdoor igloos.

The McHattie Law Firm continues to follow COVID-19 developments as they impact the workplace and will provide frequent updates on those developments. For assistance addressing issues in your workplace, feel free to contact us. 

This blog is for informational purposes only.  It does not constitute legal advice and may not be relied upon as such.  If you face a legal issue, you should consult a qualified attorney for independent legal advice with regard to your particular set of facts.  This blog may constitute attorney advertising.  This blog is not intended to communicate with anyone in a state or other jurisdiction where such a blog may fail to comply with all laws and ethical rules of that state of jurisdiction