New Jersey enacts new COVID-19 workplace safety protocols

December 2020 employment law letter

Authors:

Paul H. Mazer, Genova Burns LLC

To combat rising COVID-19 numbers, New Jersey Governor Phil Murphy signed Executive Order (EO) 192, mandating health and safety protocols for every business in the state with employees, customers, or others on-site. Effective November 5, 2020, the EO is part of Governor Murphy's response to the state's worsening pandemic and the federal Occupational Safety and Health Administration's (OSHA) decision not to issue coronavirus-specific standards. In addition to enacting the new workplace safety rules, the order establishes a new state complaint and investigation procedure to address noncompliance.

Workplace protocols

EO 192 applies to every New Jersey business, nonprofit, or governmental or educational entity (not specifically excluded and referenced below) that requires or permits its employees to be physically present at the workplace. Under the order, employers must do the following:

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