Starting Tuesday December 1, 2020, trainmen will no longer take their FRA mandated break at Hotel Henri. Trainmen will be relocated to Hotel Hayden which is located at 127 West 28th Street.
NJ Transit Management
Election Results
November 22, 2020 By
11/21/2020 Election Results
Vice President of Local #60,
Carlos Vidal-174
Ross Corbin-142
Otheo Muse-102
There will be a runoff between Carlos Vidal and Ross Corbin.
Secretary of Local #60
Marc Sussman-268
Eli Rosa-148
Sussman/Incumbent wins
V.L.C. (LCA-C)
Dominic Agnese-57
Carlos Vidal 29
Matt Foran-22
Mustamirr Hagler-12.
There will be a runoff between Dominic Agnese and Carlos Vidal.
There was only 419 valid ballots that were allowed to be counted.
Our runoff election will be Saturday, January 30, 2021 at 9:00 A.M.
***PLEASE VOTE***
NJ TRANSIT Health Advisory (COVID-19)
November 20, 2020 By
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COVID-19 Update #35 11/9/2020 |
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ATTENTION EMPLOYEES: The Centers for Disease Control and Prevention (CDC) does not currently recommend use of face shields as a substitute for face coverings. Therefore, they may not be used to satisfy face covering requirements. ATTENTION EMPLOYEES: All employees must immediately notify our Medical Department of any positive COVID-19 diagnosis – even if you have been working from home. For any and all COVID-19-related questions or developments, please call our COVID-19 Hotline, staffed 24/7, at 1-888-890-0729. See below for more information on return to work procedures. ALL COVID-19-RELATED ABSENCES – INCLUDING SCHOOL CLOSURES AND OTHER CHILDCARE ISSUES RELATED TO COVID-19 – REQUIRE AN MD-40 FORM TO RETURN TO WORK
All COVID-19-related absences – including school closures and other childcare issues related to COVID-19 – require an MD-40 form, provided by NJ TRANSIT Medical Services, in order to return to the workplace. An MD-40 form is similarly required for ANY absence from the office of 30 days or more.
As a reminder, here’s how to return to work after ANY COVID-19-related absence:
Please remember: For any and all COVID-19-related questions, call the hotline, staffed 24/7, at 1-888-890-0729. Please do not directly contact the NJ TRANSIT Medical Services Department at the standard office numbers for any COVID-19-related matters. This will cause a delay in your case processing. NJ TRANSIT IS COMMITTED TO WORKPLACE SAFETY NJ TRANSIT is dedicated to a culture where safety and health are fundamental values, adopted and practiced throughout the agency. All employees have a role to play in using good judgment and adhering to safeguards. This can be done by looking out for each other to avoid injuries, illnesses, and environmental harm. When something goes wrong, almost goes wrong, or even when something just doesn’t seem safe, it is important to report these concerns. Individuals with specific COVID-19 safety questions or concerns are encouraged to reach out to their immediate supervisor. Dealing with safety issues through the supervisory chain of command is the preferred method; however, when this approach is unsuccessful in resolving a COVID-19-related safety issue, employees can contact the Office of System Safety with COVID-19-related concerns directly by emailing COVIDSAFETY@NJTRANSIT.com. OSS staff will, on request, keep the name of a complainant confidential; however, in some instances, this constraint may prevent thorough investigation and resolution of a complaint. https://www.youtube.com/watch?v=0Tp0zB904Mc&feature=youtu.be Please see updated CDC guidance below on the definition of “close contact.” NJDOH indicates it will update its guidance to correspond with updated CDC guidance. The CDC now defines “close contact” as “someone who was within 6 feet of an infected person for a cumulative total of 15 minutes or more over a 24-hour period* starting from two days before illness onset (or, for asymptomatic patients, two days prior to test specimen collection) until the time the patient is isolated.” * Individual exposures added together over a 24-hour period (e.g., three 5-minute exposures for a total of 15 minutes). Data are limited, making it difficult to precisely define “close contact;” however, 15 cumulative minutes of exposure at a distance of 6 feet or less can be used as an operational definition for contact investigation. Factors to consider when defining close contact include proximity (closer distance likely increases exposure risk), the duration of exposure (longer exposure time likely increases exposure risk), whether the infected individual has symptoms (the period around onset of symptoms is associated with the highest levels of viral shedding), if the infected person was likely to generate respiratory aerosols (e.g., was coughing, singing, shouting), and other environmental factors (crowding, adequacy of ventilation, whether exposure was indoors or outdoors). Because the general public has not received training on proper selection and use of respiratory PPE, such as an N95, the determination of close contact should generally be made irrespective of whether the contact was wearing respiratory PPE. At this time, differential determination of close contact for those using fabric face coverings is not recommended. COVID-19 Child Care: School-Age Tuition Assistance Program The New Jersey School-Age Tuition Assistance Program can help you pay for care for your school-age child in need of child care as a result of COVID-19 remote learning schools schedules. To be eligible for this assistance, you must be:
Click here for more details. Flexible Work Arrangements for Non-Agreement Employees Due to COVID-19-Related School Closures Policy 3.36B became effective as of 9/22/2020, for Non-Agreement Employees. The policy outlines the guidelines for requesting flexible work arrangements in order to care for minor and dependent children (age 18 and younger) during the school year due to COVID-19 related closures and/or remote learning requirements. The policy can be found on @Transit or this link. The Medical Services Department is still booking appointments for flu vaccines. Online registration is required this season. To register and schedule your appointment, click here or scan this QR code:
This FREE benefit is available to all active NJ TRANSIT employees. EMPLOYEES MUST SHOW THEIR COMPANY ID TO OBTAIN A FLU VACCINE. Eligible Employees may register for any location to receive their free vaccine. All employees in a high-risk category of serious illness should get the flu vaccine either from Medical Services or by contacting their personal physician. Please consult your personal doctor BEFORE requesting a flu vaccine if you:
Do NOT register for a flu vaccine if you:
Additional dates and locations will be added as they become available. Check back often — through the registration link above — for newly added dates, times, and locations near you. OUT-OF-STATE TRAVEL ADVISORY UPDATES
New Jersey has issued an incoming travel advisory that all individuals entering New Jersey from states with a significant spread of COVID-19 should quarantine for 14-days after leaving that state. Under the 14-day quarantine travel advisory, individuals traveling or returning to New Jersey from states with increasing rates of COVID-19 are advised to self-quarantine for 14 days. This includes travel by train, bus, car, plane and any other method of transportation. Please note that NJ TRANSIT workers have been deemed critical infrastructure employees and are exempt from the quarantine recommendation. Individuals who routinely work in New Jersey and Delaware are exempt, as well. Of course, numerous people travel back and forth between New Jersey and Delaware for work each day, but are encouraged to work from home if possible. The 14-day quarantine travel advisory applies to travel from certain states identified as those that have a positive COVID-19 test rate higher than 10 per 100,000 residents or have a 10% or higher positivity rate over a seven-day rolling average (“impacted states”). As of Wednesday, November 4, 43 states and U.S. jurisdictions are on the list of “impacted states”:
Note: Hawaii was removed 9/15/20. The Virgin Islands were removed 9/8/20. The District of Columbia was removed on 8/4/20. This list is subject to change and will be updated in this advisory as needed. Consider rescheduling any travel to the affected states until the conclusion of this public health advisory. If you do travel to any of the affected states, please be extra vigilant while travelling and upon your return. Wear the appropriate PPE and, as a reminder, face coverings are required at all NJ TRANSIT work locations. Monitor your health for any COVID-19 symptoms, and if you’re feeling symptomatic, we recommend availing yourself of one of the numerous COVID-19 testing sites across the state, including the six NJ TRANSIT employee testing sites (see information immediately below). NJ TRANSIT employees are urged to take advantage of the COVID-19 testing provided by NJ TRANSIT, Agile Urgent Care, and Accurate Laboratories. Testing is available at the following locations:
Registration for this service is required. You may register online at njt.agileurgentcare.com. Please find a comprehensive list of COVID-19 testing sites in New Jersey, as of November 6th. This list includes new COVID-19 testing options for NJ TRANSIT employees in north, south, and central New Jersey, as well as state and county testing sites. Private testing sites can be found via the link on the bottom of the document. EMPLOYEE FACE COVERING DIRECTIVES Consistent with CDC guidance, established best practices, and NJ TRANSIT’s Communicable Disease in the Workplace policy, NJ TRANSIT employees are required to wear face coverings while working at all NJ TRANSIT has purchased and secured enough cloth face coverings for all employees. Employees are not permitted to wear masks with logos other than NJ TRANSIT’s, or distracting graphics or messages. The only face coverings permitted for employees are:
How to get your NJ TRANSIT-supplied face covering
Supervisors throughout the agency have been asked to distribute NJ TRANSIT-supplied face coverings. Before coming into the office or work location, please talk with your supervisor to receive your NJ TRANSIT-supplied face covering(s) if you have not received yours already. Below, please find COVID-19 statistics. As with the rest of the country, NJ TRANSIT has unfortunately seen a slight uptick in positive COVID-19 cases among our employees. 48 NJ TRANSIT employees are currently positive, although we are still down significantly from a current high of 299 positive cases on April 27th. Now more than ever, we must remain vigilant – maintaining our aggressive approach to cleaning and disinfection, and, as a reminder: Face coverings remain a critical safety requirement for all employees in every
Total U.S. Positive Cases: 9,808,411
Total New Jersey Positive Cases: 254,595
Total NJ TRANSIT Positive Cases: 651
Current NJ TRANSIT Positive Cases: 48
Current NJ TRANSIT Quarantines: 113
Total NJ TRANSIT Returned to Work: 3,250
NJ TRANSIT Curve: |
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NJT SPECIAL TRAIN MOVEMENT – Emergency Drill at Pennsauken Station (Atlantic City Line) – Saturday, November 21
November 20, 2020 By
This Saturday, November 21, the NJ TRANSIT Police Department and several other first responder agencies (police and fire departments) will conduct an emergency drill at the Pennsauken Transit Center from approximately 9:00 a.m. until 12:00 noon.
NJT Rail will support this drill by providing one consist to be used during the exercise and bypassing Pennsauken station during said exercise. The details are found in the attached STM program, which includes a schedule extract for a non-revenue move before the exercise. NJT Rail staff can also find this document at N:\RAILOP\SPECIAL TRAIN MOVEMENTS\2020\Atlantic City Line – Pennsauken Drill – 11-21-20.
Please reply to Carol Franklin and Jamie Murray with any questions. Thanks.
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Access COVID-19 testing at home
November 10, 2020 By
Access COVID-19 testing at home.
Home testing available through our insurance Horizon BCBS
Our FDA authorized COVID-19 collection kits provide everything you need to collect a nasal swab sample and send it back to our lab. Kits are available to individuals 18 or older.
Restrictions may apply. This RT-PCR test does not detect antibodies or immunity. For more information on antibody testing visit LabCorp.com
https://www.pixel.labcorp.com/covid-19
GOVERNOR MURPHY SIGNS EXECUTIVE ORDER TO PROTECT NEW JERSEY’S WORKFORCE DURING THE COVID-19 PANDEMIC
October 28, 2020 By
Office Of The Governor
TRENTON – Building on ongoing efforts to safeguard New Jersey’s frontline workforce, Governor Phil Murphy signed Executive Order No. 192, providing mandatory health and safety standards to protect all New Jersey’s workers at work during the pandemic.
“Since the start of the pandemic, New Jersey workers across all sectors have risen to the challenges imposed by COVID-19,” said Governor Murphy. “Yet, the federal government has failed to provide all workers the proper standards and protections that they deserve. Today’s executive order closes that gap to help ensure the health and safety of our workforce during this unprecedented time. I want to thank the many community partners who have been with us throughout this process, and the employers across the state who have been working with us through the pandemic as we pursue economic health through public health.”
“As we continue to battle the coronavirus pandemic, countless New Jerseyans continue heading to work each day,” said Congressman Donald Norcross. “These workers are keeping our economy going, and they need the proper protocols and protections to address COVID-19 in the workplace. Today’s executive order lays out the enforceable standards we need, ensuring the safety of our workers, employers and customers. I will continue to fight for a federal OSHA emergency temporary standard, but where the Trump Administration and Mitch McConnell have dropped the ball, our state has stepped up.”
“With today’s action, New Jersey becomes the only state to leverage its public sector-only jurisdiction to protect workers in the private sector from COVID-19. We now have the essential tools and resources we need to ensure businesses are operating safely, and our economy is moving forward,” said Labor Commissioner Robert Asaro-Angelo. “By protecting New Jerseyans in the workplace, we are lessening the health risks to families and communities. As more people return to work, the high standards we have set today will be critical in maintaining our public health.”
The executive order will take the following actions:
Workplace health and safety standards to cover all NJ workers
The executive order will require both private and public sector employers to follow health and safety protocols that will serve to protect their in-person workforces. The Order mandates that as of 6:00 a.m. on November 5th, all employers, at minimum, require individuals at the worksite to maintain at least six feet of distance from others to the maximum extent possible and require employees and visitors to wear masks when entering the worksite, subject to certain limited exceptions.
Other protocols require employers to:
* Provide approved sanitization materials to employees and visitors at no cost to those individuals;
* Ensure that employees practice hand hygiene and provide sufficient break time for that purpose;
* Routinely clean and disinfect all high-touch areas in accordance with DOH and CDC guidelines;
* Conduct daily health checks, such as temperature screenings, visual symptom checking, self-assessment checklists, and / or health questionnaires, prior to each shift, consistent with CDC guidance;
* Exclude sick employees from the workplace and follow requirements of applicable leave laws; and
* Promptly notify employees of any known exposure to COVID-19 at the worksite.
Collaborative enforcement mechanism to address complaints
The Department of Labor and Workforce Development (NJDOL) will support the Department of Health’s efforts to address worker complaints from their employers. NJDOL’s roles will include establishing an intake form on the NJDOL website to receive complaints and developing an investigation and inspection protocol to review complaints.
Training program to inform workers of their rights and to encourage employer compliance
The executive order also directs NJDOL to provide compliance and safety training for employers and employees. The department will provide materials to inform workers of their rights and businesses of their obligations as well as coordinate with workforce training partners to create and provide training.
Office Of The Governor
EXECUTIVE ORDER NO. 192
WHEREAS, in light of the dangers posed by Coronavirus disease 2019 (“COVID-19”), I issued Executive Order No. 103 on March 9, 2020, the facts and circumstances of which are adopted by reference herein, which declared both a Public Health Emergency and State of Emergency; and
WHEREAS, through Executive Order Nos. 119, 138, 151, 162, 171, 180, 186, and 191 (2020), issued on April 7, 2020, May 6, 2020, June 4, 2020, July 2, 2020, August 1, 2020, August 27, 2020, September 25, 2020, and October 24, 2020, respectively, the facts and circumstances of which are adopted by reference herein, I declared that the COVID-19 Public Health Emergency continued to exist and declared that all Executive Orders and Administrative Orders adopted in whole or in part in response to the COVID-19 Public Health Emergency remained in full force and effect; and
WHEREAS, in accordance with N.J.S.A. App. A:9-34 and -51, I reserve the right to utilize and employ all available resources of State government to protect against the emergency created by COVID-19; and
WHEREAS, as COVID-19 continued to spread across New Jersey and an increasing number of individuals required medical care or hospitalization, I issued a series of Executive Orders pursuant to my authority under the New Jersey Civilian Defense and Disaster Control Act and the Emergency Health Powers Act (“EHPA”), to protect the public health, safety, and welfare against the emergency created by COVID-19, including Executive Order Nos. 104- 133, Nos. 135-138, Nos. 140-166, Nos. 168-173, No. 175, Nos. 177- 181, No. 183, Nos. 186-187 and Nos. 189-191 (2020), the facts and circumstances of which are all adopted by reference herein; and
WHEREAS, during that time, essential retail businesses and many other types of businesses continued to operate, and it was necessary to impose strict COVID-19 mitigation protocols on those businesses to protect the health of workers and of the community; and
WHEREAS, after consultation with officials from the Department of Health (“DOH”), I announced a multi-stage New Jersey’s Road Back Plan (the “Plan”) for the methodical and strategic reopening of businesses and activities based on scientific data and metrics concerning the level of disease transmission risk and essential classification; and
WHEREAS, part of the Plan required imposing health and safety protocols on businesses that were permitted to resume partial or total operations in order to protect visitors, customers, and the workforce; and
WHEREAS, now that a more significant portion of the State’s workforce has returned to in-person work, and as the State’s economy continues to gradually reopen, it is necessary to ensure broad application of relevant health and safety standards to protect workers across all industries; and
WHEREAS, given the recent upticks in the rate of reported new cases across all counties in the State, the use of mandatory health and safety protocols for all industries can help guard against continuing spread and ensure that New Jersey’s workers feel safe and supported at their places of work; and
WHEREAS, the federal Occupational Safety and Health Administration (“OSHA”) has not issued occupational safety or health standards specific to COVID-19; and
WHEREAS, expanding application of critical COVID-19 protocols to workplaces that have resumed physical operations will require increased investigative and enforcement capacity to efficiently address worker complaints of insufficient compliance with such protocols; and
WHEREAS, Public Employees Occupational Safety and Health (“PEOSH”) has already established a process for considering health and safety complaints raised by public sector employees in New Jersey; and
WHEREAS, imposing new safety protocols will require training of both employers and employees to encourage full compliance, so as to ensure public health and safety; and
WHEREAS, the Constitution and statutes of the State of New Jersey, particularly the provisions of N.J.S.A. 26:13-1 et seq., N.J.S.A. App. A: 9-33 et seq., N.J.S.A. 38A:3-6.1, and N.J.S.A. 38A:2-4 and all amendments and supplements thereto, confer upon the Governor of the State of New Jersey certain emergency powers, which I have invoked;
NOW, THEREFORE, I, PHILIP D. MURPHY, Governor of the State of New Jersey, by virtue of the authority vested in me by the Constitution and by the Statutes of this State, do hereby ORDER and DIRECT:
1. Effective at 6:00 a.m. on Thursday, November 5, 2020, every business, non-profit, and governmental or educational entity (hereinafter collectively referred to as “employers” or “employer”), that requires or permits its workforce, whether in part or as a whole, to be physically present at a worksite to perform work is required to abide by the following requirements, at minimum, to protect employees, customers, and all others who come into physical contact with its operations:
a. Require that individuals at the worksite maintain at least six feet of distance from one another to the maximum extent possible, including but not limited to during worksite meetings, orientations and similar activities that would traditionally require individuals to be present in a single room or space and in close proximity, in common areas such as restrooms and breakrooms, and when individuals are entering and exiting the workplace. Where the nature of an employee’s work or the work area does not allow for six feet of distance to be maintained at all times, employers shall ensure that each such employee wears a mask as provided in subsection b. and shall install physical barriers between workstations wherever possible.
b. Require employees, customers, visitors, and other individuals entering the worksite to wear cloth or disposable face masks while on the premises, in accordance with Centers for Disease Control and Prevention (“CDC”) recommendations, except where the individual is under two years of age or where it is impracticable for an individual to wear a face mask, such as when the individual is eating or drinking or where a service being provided by the employer cannot be performed on an individual who is wearing a mask;
i. Masking requirements specific to employees:
1. Employers may permit employees to remove face masks when the employees are situated at their workstations and are more than six feet from other individuals at the workplace, or when an individual is alone in a walled office;
2. Employers must make available, at their expense, such face masks to their employees;
3. Nothing in this subsection shall prevent employees from wearing a surgical-grade mask or other more protective face mask, or interfere with the employer’s obligation to provide employees with more protective equipment if it is otherwise required because of the nature of the work involved; and
4. Employers may deny entry to the worksite to any employee who declines to wear a face mask, except when doing so would violate State or federal law. Where an employee cannot wear a mask because of a disability, an employer may, consistent with the Americans with Disabilities Act (“ADA”) and / or New Jersey Law Against Discrimination (“NJLAD”), be required to provide the employee with a reasonable accommodation unless doing so would be an undue hardship on the employer’s operations. An employer may require employees to produce medical documentation supporting claims that they are unable to wear a face mask because of a disability.
ii. Masking requirements specific to customers and visitors:
1. Employers may deny entry to the worksite to any customer or visitor who declines to wear a face mask, except when doing so would violate State or federal law. The employer may be required to provide a customer or visitor who declines to wear a mask due to a disability services or goods via a reasonable accommodation, pursuant to ADA and NJLAD, unless such accommodation would pose an undue hardship on the employer’s operations; and
2. Where a customer or other visitor declines to wear a face mask on the premises due to a disability that inhibits such usage, neither the employer nor its employees shall require the individual to produce medical documentation verifying the stated condition, unless production is otherwise required by State or federal law.
iii. Any prior requirements imposed by an Executive Order restricting the ability of an employer to require the production of medical documentation, or to deny entry to a customer, employee, or other visitor to the worksite that refuses to wear a face mask, that are inconsistent with the terms of this Paragraph are hereby superseded.
iv. Subsection b. shall not apply to employerssubject to Executive Order No. 175 (2020).
c. Provide sanitization materials, such as hand sanitizer that contains at least 60% alcohol and sanitizing wipes that are approved by the United States Environmental Protection Agency for SARS-CoV-2 virus to employees, customers, and visitors at no cost to those individuals;
d. Ensure that employees practice regular hand hygiene, particularly when such employees are interacting with the public, and provide employees break time for repeated handwashing throughout the workday and access to adequate hand washing facilities. Employers may adopt policies that require employees to wear gloves in addition to regular hand hygiene. Where an employer requires its employees to wear gloves while at the worksite, the employer must provide such gloves to employees;
e. Routinely clean and disinfect all high-touch areas in accordance with DOH and CDC guidelines, particularly in spaces that are accessible to employees, customers, or other individuals, including, but not limited to, restrooms, hand rails, door knobs, other common surfaces, safety equipment, and other frequently touched surfaces including employee used equipment, and ensure cleaning procedures following a known or potential exposure are in compliance with CDC recommendations;
f. Prior to each shift, conduct daily health checks of employees, such as temperature screenings, visual symptom checking, self-assessment checklists, and / or health questionnaires, consistent with CDC guidance, including latest CDC guidance regarding COVID-19 symptoms, consistent with the confidentiality requirements of the ADA, NJLAD and any other applicable laws, and consistent with any guidance from the Equal Employment Opportunity Commission (“EEOC”) and the New Jersey Division on Civil Rights;
g. Immediately separate and send home employees who appear to have symptoms, as defined by the CDC, consistent with COVID-19 illness upon arrival at work or who become sick during the day. Employers subject to the New Jersey Earned Sick Leave Law, New Jersey Family Leave Act, N.J.S.A. 34:11D-12 and / or federal leave laws must continue to follow the requirements of the law, including by allowing individuals to use accrued leave in the manner permitted by law and employer policy, when requiring employees to leave the workplace in accordance with the provisions of this subparagraph;
h. Promptly notify all employees of any known exposure to COVID-19 at the worksite, consistent with the confidentiality requirements of the ADA and any other applicable laws, and consistent with guidance from the EEOC;
i. Clean and disinfect the worksite in accordance with CDC guidelines when an employee at the site has been diagnosed with COVID-19 illness; and
j. Continue to follow guidelines and directives issued by the New Jersey DOH, the CDC and the Occupational Safety and Health Administration, as applicable, for maintaining a clean, safe and healthy work environment.
2. The provisions included in Paragraph 1 do not apply when they interfere with the discharge of the operational duties of first responders, emergency management personnel, emergency dispatchers, health care personnel, public health personnel, court personnel, law enforcement and corrections personnel, hazardous materials responders, transit workers, child protection and child welfare personnel, housing and shelter personnel, military employees, and governmental employees engaged in emergency response activities.
3. Paragraph 1 does not apply to the United States government, or to religious institutions to the extent that application of the health and safety protocols would prohibit the free exercise of religion.
4. The Commissioner of the DOH, pursuant to her authority under the EHPA, N.J.S.A. 26:13-1 et seq., and in consultation with any applicable State agencies, is authorized to impose additional health and safety standards relevant to COVID-19 on employers. Nothing in this Order shall be construed to impair any other state agency’s authority to impose additional health and safety standards pursuant to other laws or Executive Orders.
5. The Commissioner of the Department of Labor and Workforce Development (“DOLWD”), in consultation with the Commissioner of the DOH, is hereby authorized to provide support for efforts to enforce the requirements outlined in Paragraph 1 of this Order through the following means:
a. Establishing an intake mechanism to receive complaints from individuals working in the State that are subject to the COVID-19 specific health and safety protocols outlined in this Order. The Commissioner of the DOLWD shall, where applicable, coordinate with relevant licensing and / or regulating agencies or refer complaints to such agencies. Nothing in this Order shall require the intake mechanism to serve as the sole means for receiving or processing such complaints;
b. Creating a process for consideration of such complaints, including, but not limited to, through the use of employee and employer interviews; and
c. Coordinating with the Commissioner of the DOH and any other applicable State entity to establish a process to address such complaints and to raise potential deficiencies in compliance with the requirements outlined in Paragraph 1 with the employer. Such process shall, at minimum, provide employers with an opportunity to correct the alleged or confirmed deficiency. Complaints received by employees working for employers subject to oversight by PEOSH shall be directed to PEOSH for consideration.
6. The Commissioner of the DOH, pursuant to her authority under the EHPA, N.J.S.A. 26:13-1 et seq., in consultation with the Commissioner of the DOLWD, shall establish a process for investigation of complaints received pursuant to the intake mechanism outlined above, where necessary, including, for example, by performing workplace inspections and issuing subpoenas for information. The DOH shall enter into a memorandum of understanding with the DOLWD to provide assistance in the exercise of those powers and support for investigative efforts. The Commissioners of DOH and DOLWD shall, where necessary, coordinate with relevant federal and State agencies, including OSHA, during this process.
7. Where consistent, the requirements of this Order shall supplement the requirements outlined in any Executive Order, Administrative Order, or similar directive that apply to employers that have resumed operations prior to the effective date of this Order, including via Executive Orders Nos. 122, 125, 142, 145, 147, 149, 155, 157, 165, 175, 181 and 183 (2020). Where an already existing requirement is inconsistent with a requirement outlined in Paragraph 1 of this Order, the previously issued requirement shall continue to apply unless otherwise specified.
8. Paragraph 2, subsection (c) of Executive Order No. 142
(2020) is hereby rescinded.
9. The Commissioner of the DOLWD is hereby further directed to provide compliance and safety training for employers and employees, focused at least in part on the health and safety protocols listed in Paragraph 1, through the following means: a. Establish a program to fund workforce training partners to develop and deliver, including virtually, training to workers and employers throughout the State, subject to the availability of funding; and
b. Develop notices and informational materials to inform workers of their rights and employers of their obligations under this Order.
10. The State Director of Emergency Management, who is the Superintendent of State Police, shall have the discretion to make additions, amendments, clarifications, exceptions, and exclusions to the terms of this Order.
11. It shall be the duty of every person or entity in this State or doing business in this State and of the members of the governing body and every official, employee, or agent of every political subdivision in this State and of each member of all other governmental bodies, agencies, and authorities in this State of any nature whatsoever, to cooperate fully in all matters concerning this Order.
12. No municipality, county, or any other agency or political subdivision of this State shall enact or enforce any order, rule, regulation, ordinance, or resolution which will or might in any way conflict with any of the provisions of this Order, or which will or might in any way interfere with or impede its achievement.
13. Penalties for violations of this Order may be imposed under, among other statutes, N.J.S.A. App. A:9-49 and -50. Any employer that fails to adhere to the protocols outlined in this Order or to any subsequent requirements issued by the Commissioner of the DOH is subject to, among other actions, closure by the Commissioner of the DOH pursuant to N.J.S.A. 26:13-8.
14. Nothing in this Order shall be considered to create a private right of action to enforce the requirements outlined herein.
15. This Order shall take effect immediately, and shall remain in effect until revoked or modified by the Governor, who shall consult with the Commissioner of the DOH as appropriate.
GIVEN, under my hand and seal this 28th day of October, Two Thousand and Twenty, and of the Independence of the United States, the Two Hundred and Forty-Fifth.
/ s / Philip D. Murphy
Governor
Attest:
/ s / Parimal Garg
Chief Counsel to the Governor
WHEREAS, in light of the dangers posed by Coronavirus disease 2019 (“COVID-19”), I issued Executive Order No. 103 on March 9, 2020, the facts and circumstances of which are adopted by reference herein, which declared both a Public Health Emergency and State of Emergency; and
WHEREAS, through Executive Order Nos. 119, 138, 151, 162, 171, 180, 186, and 191 (2020), issued on April 7, 2020, May 6, 2020, June 4, 2020, July 2, 2020, August 1, 2020, August 27, 2020, September 25, 2020, and October 24, 2020, respectively, the facts and circumstances of which are adopted by reference herein, I declared that the COVID-19 Public Health Emergency continued to exist and declared that all Executive Orders and Administrative Orders adopted in whole or in part in response to the COVID-19 Public Health Emergency remained in full force and effect; and
WHEREAS, in accordance with N.J.S.A. App. A:9-34 and -51, I reserve the right to utilize and employ all available resources of State government to protect against the emergency created by COVID-19; and
WHEREAS, as COVID-19 continued to spread across New Jersey and an increasing number of individuals required medical care or hospitalization, I issued a series of Executive Orders pursuant to my authority under the New Jersey Civilian Defense and Disaster Control Act and the Emergency Health Powers Act (“EHPA”), to protect the public health, safety, and welfare against the emergency created by COVID-19, including Executive Order Nos. 104- 133, Nos. 135-138, Nos. 140-166, Nos. 168-173, No. 175, Nos. 177- 181, No. 183, Nos. 186-187 and Nos. 189-191 (2020), the facts and circumstances of which are all adopted by reference herein; and
WHEREAS, during that time, essential retail businesses and many other types of businesses continued to operate, and it was necessary to impose strict COVID-19 mitigation protocols on those businesses to protect the health of workers and of the community; and
WHEREAS, after consultation with officials from the Department of Health (“DOH”), I announced a multi-stage New Jersey’s Road Back Plan (the “Plan”) for the methodical and strategic reopening of businesses and activities based on scientific data and metrics concerning the level of disease transmission risk and essential classification; and
WHEREAS, part of the Plan required imposing health and safety protocols on businesses that were permitted to resume partial or total operations in order to protect visitors, customers, and the workforce; and
WHEREAS, now that a more significant portion of the State’s workforce has returned to in-person work, and as the State’s economy continues to gradually reopen, it is necessary to ensure broad application of relevant health and safety standards to protect workers across all industries; and
WHEREAS, given the recent upticks in the rate of reported new cases across all counties in the State, the use of mandatory health and safety protocols for all industries can help guard against continuing spread and ensure that New Jersey’s workers feel safe and supported at their places of work; and
WHEREAS, the federal Occupational Safety and Health Administration (“OSHA”) has not issued occupational safety or health standards specific to COVID-19; and
WHEREAS, expanding application of critical COVID-19 protocols to workplaces that have resumed physical operations will require increased investigative and enforcement capacity to efficiently address worker complaints of insufficient compliance with such protocols; and
WHEREAS, Public Employees Occupational Safety and Health (“PEOSH”) has already established a process for considering health and safety complaints raised by public sector employees in New Jersey; and
WHEREAS, imposing new safety protocols will require training of both employers and employees to encourage full compliance, so as to ensure public health and safety; and
WHEREAS, the Constitution and statutes of the State of New Jersey, particularly the provisions of N.J.S.A. 26:13-1 et seq., N.J.S.A. App. A: 9-33 et seq., N.J.S.A. 38A:3-6.1, and N.J.S.A. 38A:2-4 and all amendments and supplements thereto, confer upon the Governor of the State of New Jersey certain emergency powers, which I have invoked;
NOW, THEREFORE, I, PHILIP D. MURPHY, Governor of the State of New Jersey, by virtue of the authority vested in me by the Constitution and by the Statutes of this State, do hereby ORDER and DIRECT:
1. Effective at 6:00 a.m. on Thursday, November 5, 2020, every business, non-profit, and governmental or educational entity (hereinafter collectively referred to as “employers” or “employer”), that requires or permits its workforce, whether in part or as a whole, to be physically present at a worksite to perform work is required to abide by the following requirements, at minimum, to protect employees, customers, and all others who come into physical contact with its operations:
a. Require that individuals at the worksite maintain at least six feet of distance from one another to the maximum extent possible, including but not limited to during worksite meetings, orientations and similar activities that would traditionally require individuals to be present in a single room or space and in close proximity, in common areas such as restrooms and breakrooms, and when individuals are entering and exiting the workplace. Where the nature of an employee’s work or the work area does not allow for six feet of distance to be maintained at all times, employers shall ensure that each such employee wears a mask as provided in subsection b. and shall install physical barriers between workstations wherever possible.
b. Require employees, customers, visitors, and other individuals entering the worksite to wear cloth or disposable face masks while on the premises, in accordance with Centers for Disease Control and Prevention (“CDC”) recommendations, except where the individual is under two years of age or where it is impracticable for an individual to wear a face mask, such as when the individual is eating or drinking or where a service being provided by the employer cannot be performed on an individual who is wearing a mask;
i. Masking requirements specific to employees:
1. Employers may permit employees to remove face masks when the employees are situated at their workstations and are more than six feet from other individuals at the workplace, or when an individual is alone in a walled office;
2. Employers must make available, at their expense, such face masks to their employees;
3. Nothing in this subsection shall prevent employees from wearing a surgical-grade mask or other more protective face mask, or interfere with the employer’s obligation to provide employees with more protective equipment if it is otherwise required because of the nature of the work involved; and
4. Employers may deny entry to the worksite to any employee who declines to wear a face mask, except when doing so would violate State or federal law. Where an employee cannot wear a mask because of a disability, an employer may, consistent with the Americans with Disabilities Act (“ADA”) and / or New Jersey Law Against Discrimination (“NJLAD”), be required to provide the employee with a reasonable accommodation unless doing so would be an undue hardship on the employer’s operations. An employer may require employees to produce medical documentation supporting claims that they are unable to wear a face mask because of a disability.
ii. Masking requirements specific to customers and visitors:
1. Employers may deny entry to the worksite to any customer or visitor who declines to wear a face mask, except when doing so would violate State or federal law. The employer may be required to provide a customer or visitor who declines to wear a mask due to a disability services or goods via a reasonable accommodation, pursuant to ADA and NJLAD, unless such accommodation would pose an undue hardship on the employer’s operations; and
2. Where a customer or other visitor declines to wear a face mask on the premises due to a disability that inhibits such usage, neither the employer nor its employees shall require the individual to produce medical documentation verifying the stated condition, unless production is otherwise required by State or federal law.
iii. Any prior requirements imposed by an Executive Order restricting the ability of an employer to require the production of medical documentation, or to deny entry to a customer, employee, or other visitor to the worksite that refuses to wear a face mask, that are inconsistent with the terms of this Paragraph are hereby superseded.
iv. Subsection b. shall not apply to employerssubject to Executive Order No. 175 (2020).
c. Provide sanitization materials, such as hand sanitizer that contains at least 60% alcohol and sanitizing wipes that are approved by the United States Environmental Protection Agency for SARS-CoV-2 virus to employees, customers, and visitors at no cost to those individuals;
d. Ensure that employees practice regular hand hygiene, particularly when such employees are interacting with the public, and provide employees break time for repeated handwashing throughout the workday and access to adequate hand washing facilities. Employers may adopt policies that require employees to wear gloves in addition to regular hand hygiene. Where an employer requires its employees to wear gloves while at the worksite, the employer must provide such gloves to employees;
e. Routinely clean and disinfect all high-touch areas in accordance with DOH and CDC guidelines, particularly in spaces that are accessible to employees, customers, or other individuals, including, but not limited to, restrooms, hand rails, door knobs, other common surfaces, safety equipment, and other frequently touched surfaces including employee used equipment, and ensure cleaning procedures following a known or potential exposure are in compliance with CDC recommendations;
f. Prior to each shift, conduct daily health checks of employees, such as temperature screenings, visual symptom checking, self-assessment checklists, and / or health questionnaires, consistent with CDC guidance, including latest CDC guidance regarding COVID-19 symptoms, consistent with the confidentiality requirements of the ADA, NJLAD and any other applicable laws, and consistent with any guidance from the Equal Employment Opportunity Commission (“EEOC”) and the New Jersey Division on Civil Rights;
g. Immediately separate and send home employees who appear to have symptoms, as defined by the CDC, consistent with COVID-19 illness upon arrival at work or who become sick during the day. Employers subject to the New Jersey Earned Sick Leave Law, New Jersey Family Leave Act, N.J.S.A. 34:11D-12 and / or federal leave laws must continue to follow the requirements of the law, including by allowing individuals to use accrued leave in the manner permitted by law and employer policy, when requiring employees to leave the workplace in accordance with the provisions of this subparagraph;
h. Promptly notify all employees of any known exposure to COVID-19 at the worksite, consistent with the confidentiality requirements of the ADA and any other applicable laws, and consistent with guidance from the EEOC;
i. Clean and disinfect the worksite in accordance with CDC guidelines when an employee at the site has been diagnosed with COVID-19 illness; and
j. Continue to follow guidelines and directives issued by the New Jersey DOH, the CDC and the Occupational Safety and Health Administration, as applicable, for maintaining a clean, safe and healthy work environment.
2. The provisions included in Paragraph 1 do not apply when they interfere with the discharge of the operational duties of first responders, emergency management personnel, emergency dispatchers, health care personnel, public health personnel, court personnel, law enforcement and corrections personnel, hazardous materials responders, transit workers, child protection and child welfare personnel, housing and shelter personnel, military employees, and governmental employees engaged in emergency response activities.
3. Paragraph 1 does not apply to the United States government, or to religious institutions to the extent that application of the health and safety protocols would prohibit the free exercise of religion.
4. The Commissioner of the DOH, pursuant to her authority under the EHPA, N.J.S.A. 26:13-1 et seq., and in consultation with any applicable State agencies, is authorized to impose additional health and safety standards relevant to COVID-19 on employers. Nothing in this Order shall be construed to impair any other state agency’s authority to impose additional health and safety standards pursuant to other laws or Executive Orders.
5. The Commissioner of the Department of Labor and Workforce Development (“DOLWD”), in consultation with the Commissioner of the DOH, is hereby authorized to provide support for efforts to enforce the requirements outlined in Paragraph 1 of this Order through the following means:
a. Establishing an intake mechanism to receive complaints from individuals working in the State that are subject to the COVID-19 specific health and safety protocols outlined in this Order. The Commissioner of the DOLWD shall, where applicable, coordinate with relevant licensing and / or regulating agencies or refer complaints to such agencies. Nothing in this Order shall require the intake mechanism to serve as the sole means for receiving or processing such complaints;
b. Creating a process for consideration of such complaints, including, but not limited to, through the use of employee and employer interviews; and
c. Coordinating with the Commissioner of the DOH and any other applicable State entity to establish a process to address such complaints and to raise potential deficiencies in compliance with the requirements outlined in Paragraph 1 with the employer. Such process shall, at minimum, provide employers with an opportunity to correct the alleged or confirmed deficiency. Complaints received by employees working for employers subject to oversight by PEOSH shall be directed to PEOSH for consideration.
6. The Commissioner of the DOH, pursuant to her authority under the EHPA, N.J.S.A. 26:13-1 et seq., in consultation with the Commissioner of the DOLWD, shall establish a process for investigation of complaints received pursuant to the intake mechanism outlined above, where necessary, including, for example, by performing workplace inspections and issuing subpoenas for information. The DOH shall enter into a memorandum of understanding with the DOLWD to provide assistance in the exercise of those powers and support for investigative efforts. The Commissioners of DOH and DOLWD shall, where necessary, coordinate with relevant federal and State agencies, including OSHA, during this process.
7. Where consistent, the requirements of this Order shall supplement the requirements outlined in any Executive Order, Administrative Order, or similar directive that apply to employers that have resumed operations prior to the effective date of this Order, including via Executive Orders Nos. 122, 125, 142, 145, 147, 149, 155, 157, 165, 175, 181 and 183 (2020). Where an already existing requirement is inconsistent with a requirement outlined in Paragraph 1 of this Order, the previously issued requirement shall continue to apply unless otherwise specified.
8. Paragraph 2, subsection (c) of Executive Order No. 142
(2020) is hereby rescinded.
9. The Commissioner of the DOLWD is hereby further directed to provide compliance and safety training for employers and employees, focused at least in part on the health and safety protocols listed in Paragraph 1, through the following means: a. Establish a program to fund workforce training partners to develop and deliver, including virtually, training to workers and employers throughout the State, subject to the availability of funding; and
b. Develop notices and informational materials to inform workers of their rights and employers of their obligations under this Order.
10. The State Director of Emergency Management, who is the Superintendent of State Police, shall have the discretion to make additions, amendments, clarifications, exceptions, and exclusions to the terms of this Order.
11. It shall be the duty of every person or entity in this State or doing business in this State and of the members of the governing body and every official, employee, or agent of every political subdivision in this State and of each member of all other governmental bodies, agencies, and authorities in this State of any nature whatsoever, to cooperate fully in all matters concerning this Order.
12. No municipality, county, or any other agency or political subdivision of this State shall enact or enforce any order, rule, regulation, ordinance, or resolution which will or might in any way conflict with any of the provisions of this Order, or which will or might in any way interfere with or impede its achievement.
13. Penalties for violations of this Order may be imposed under, among other statutes, N.J.S.A. App. A:9-49 and -50. Any employer that fails to adhere to the protocols outlined in this Order or to any subsequent requirements issued by the Commissioner of the DOH is subject to, among other actions, closure by the Commissioner of the DOH pursuant to N.J.S.A. 26:13-8.
14. Nothing in this Order shall be considered to create a private right of action to enforce the requirements outlined herein.
15. This Order shall take effect immediately, and shall remain in effect until revoked or modified by the Governor, who shall consult with the Commissioner of the DOH as appropriate.
GIVEN, under my hand and seal this 28th day of October, Two Thousand and Twenty, and of the Independence of the United States, the Two Hundred and Forty-Fifth.
/ s / Philip D. Murphy
Governor
Attest:
/ s / Parimal Garg
Chief Counsel to the Governor
