2/3/21 UPDATE: Workplace Health & Safety Standards That Must Be Followed for Businesses to Be Open
Every business, non-profit, governmental, and educational entity that requires or permits its workforce to be physically present at a worksite must abide by the standardized operational requirements outlined in Executive Order 192 and listed below in Health & Safety Standards for All Employers.
Businesses must also abide by all additional requirements outlined for their industry listed under Industry-Specific Guidelines.
This article also identifies Businesses that Must Be Closed as well as Gathering Limits in the state of New Jersey.
Health & Safety Standards for All Employers
Every business, non-profit, governmental, and educational entity that requires or permits its workforce to be physically present at a worksite must abide by the following requirements, at minimum, to protect employees, customers, and others who come into contact with its operations:
Require workers and customers to maintain at least six feet of distance from one another, to the maximum extent possible;
Require everyone to wear face masks, except when an employee is at their workstation at least six feet from others, or is alone in a walled space such as an office—Note that employers may be authorized to prevent individuals who refuse to wear a mask from entering the worksite, where such actions are consistent with state and federal law;
Provide face masks for their employees;
Provide approved sanitization materials for employees and visitors at no cost to those individuals;
Ensure that employees practice hand hygiene and provide employees with sufficient break time for that purpose;
Routinely clean and disinfect all high-touch areas in accordance with DOH and CDC guidelines;
Prior to each shift, conduct daily health checks, such as temperature screenings, visual symptom checking, self-assessment checklists, and/or health questionnaires, consistent with CDC guidance;
Do not allow sick employees to enter workplace and follow requirements of applicable leave laws; and
Promptly notify employees of any known exposure to COVID-19 at the worksite.
In addition, under federal OSHA law, employers must protect workers from workplace hazards that can cause illness or injury, provide required personal protective equipment (PPE), and ensure its use. It's also against New Jersey Wage and Hour law for an employer to deduct the cost of protective equipment from an employee’s pay.
Employees who believe that their employer is not following the protocols articulated in EO 192 can file workplace safety complaints here.
Detailed requirements and exemptions can be found in Executive Order 192. Many sectors face additional requirements summarized in the articles below.
Under Executive Order 195, municipalities and counties have the option to regulate the operating hours of non-essential businesses after 8 p.m. Municipalities and counties cannot impose other actions that differ from statewide rules, such as restrictions on essential businesses, full business closures, or restrictions on gatherings or capacity.
Retail businesses must follow Department of Health Guidance for Retail Businesses, and Administrative Order 2020-22, including limiting occupancy to 50% of store capacity, and installing a physical barrier where possible. Self-service food, is not permitted at retail businesses, including grocery stores. While indoor portions of malls may be open, valet parking, communal play areas, and communal seating remain closed. Food courts and in-mall entertainment businesses, must follow guidelines for indoor dining and entertainment businesses respectively. Vending machines and stroller rentals may be open. Department of Health Guidance for Winter Holiday and Celebrations discourages indoor Santa visits and recommends that if they do take place they should be touchless experiences. Food or beverage establishments must follow Department of Health Protocols for Outdoor Dining, Health, and Safety Standards for Indoor Dining, Executive Order 194, and DCA's guidance for the use of outdoor space during the winter months. As of 8 a.m. Friday, February 5, 2021, food and beverage establishments will be able to expand indoor dining to 35% of their listed capacity, up from 25%. Areas with a fixed roof, if two sides are open, comprising over 50% of their total wall space, may operate under rules for outdoor dining under Executive Order 163. Food or beverage establishments may not operate their indoor premises between 10 p.m. and 5 a.m. Outdoor dining, takeout, and delivery services can continue after 10 p.m. Businesses authorized to be open outdoors after 10 p.m may only do so when the consumption of food or beverage indoors is prohibited between 10 p.m. and 5 a.m.
This restriction does not apply to indoor dining in New Jersey airports. As of Friday, February 5, 2021, the statewide requirement that food and beverage establishments end indoor service as of 10 p.m. will be lifted. However, municipalities or counties may continue to regulate the hours of operation of in-person restaurant service after 8 p.m. Seating at the bar in indoor areas of bars and restaurants will be prohibited during all operating hours. Restaurants will be allowed to have groups at tables indoors that are closer than six feet together, if they are separated by barriers that comply with Department of Health guidance. Restaurants are allowed to set up heated, plastic domes outdoors, limited to one group each, and subject to health and safety protocols outlined in EO 194, and rules for outdoor dining in EO 163. Establishments maintaining the use of tents past November 30, 2020, are required to apply for a Uniform Construction Code (UCC) permit from their local construction office. A permit for any electrical equipment, electrical wiring, or mechanical equipment that would otherwise require a permit must also be filed. Operational items such as portable cooking equipment, propane heaters, and similar items used around and/or under the tent should be maintained in accordance with the Uniform Fire Code and addressed by the local fire official. Under Assembly Bill No. 4589, holders of summer seasonal retail consumption licenses may continue to sell alcoholic beverages until January 14, 2022.
Microbreweries and brewpubs may be open for home delivery. Depending on the type of license they hold, food service may be allowed; business owners should consult Executive Orders 150 and 157 and the Division of Alcoholic Beverage Control's ruling to determine if they qualify.
Licensed personal care businesses may be open. Saunas, steam rooms, and shared bathing facilities must remain closed. Licensed businesses must abide by the Division of Consumer Affairs' comprehensive safety standards for Cosmetology, Massage, and Bodywork licensees, regulations in Executive Order 194, including but not limited to 25% capacity, providing services by appointment only, and staff-client pairs remaining at least 6 feet apart unless separated by physical barriers. As of 8 a.m. Friday, February 5, 2021, personal care businesses will be able to accommodate 35% of their capacity. Tattoo and tanning facilities must follow Department of Health standards for tanning and body art establishments. Under Executive Order 157, clients may receive services that require the removal of a face covering, provided that clients wear a face covering at all times before and after the service.
Child care centers must follow Department of Children and Families' Child Care Safety Requirements.
All recreational and entertainment businesses must follow requirements detailed in Executive Orders 157, 181, and 183, including but not limited to 25% capacity for indoor areas. As of 8 a.m. Friday, February 5, 2021, recreation and entertainment businesses will be able to accommodate 35% of their capacity. Note that any recreational facility providing child care support must comply with all requirements of child care centers, including being licensed by the Department of Children and Families. In addition, amusement parks, theme parks, and water parks must follow requirements detailed in the Department of Health’s Standards for Outdoor and Indoor High-Touch Amusement and Recreation Activities. Water parks and pools must also adhere to the requirements of Executive Order 153 and the Department of Health’s Standards for Pools and Aquatic Recreation Facilities. Recreational businesses that offer indoor fitness classes and activities must also follow the Department of Health's Guidance for Health Clubs/Gyms/Fitness Centers and abide by the limit on indoor gatherings, currently limited to 10 people. Entertainment centers where performances are viewed or given must follow requirements in Executive Order 183, including but not limited to 25% capacity or 150 people (whichever is less). Ao 2020-24 clarifies that entertainment centers where a performance is viewed or given may host a performance in an adjacent outdoor area with a maximum capacity equivalent to the facility’s indoor capacity. As of 8 a.m. Friday, February 5, 2021, performance venues will be able to accommodate 35% of their capacity, but no greater than 150 individuals.
Gyms and fitness centers must follow the required safety policies detailed in Executive Orders 157 and 181 and the Department of Health's Guidance for Health Clubs/Gyms/Fitness centers, including, but not limited to: 25% capacity indoors; fitness classes with capacity limited to one customer per every 200 square feet of classroom space, and no more than 10 individuals (per indoor gathering limits); logs maintained of when all gym members and staff are in the facility; equipment spaced to allow a minimum of 6-feet of distance between all gym-goers; and equipment only made available that can be properly sanitized in-between uses. As of 8 a.m. Friday, February 5, 2021, gyms and fitness centers will be able to accommodate 35% of their capacity.
Casinos must follow all requirements from Executive Orders 157, 158, and 194, the Division of Gaming Enforcement, and reopening protocols from the Casino Association of New Jersey, including but not limited to; 25% capacity; smoking prohibited indoors; reopening plans submitted to the Division of Gaming Enforcement. As of Thursday, November 12, 2020, casinos may not serve food or drinks between 10 p.m. and 5 a.m., with the exception of room service delivered to guest rooms and takeout. As of 8 a.m. Friday, February 5, 2021, casinos will be able to accommodate 35% of their capacity, and the statewide requirement that all food-service end as of 10 p.m. will be lifted. However, municipalities or counties may continue to regulate the hours of operation of in-person food service after 8 p.m.
Hotels, motor hotels, motels, and other established guesthouses must follow written policies as defined in Department of Health Protocols for Hotel Sanitization.
Organized sports activities must follow Department of Health Guidance for Sports Activities, and Executive Order 204. Private fitness classes, lessons, and trainings at gyms, studios and similar locations are permitted to continue but must abide by the indoor gathering limit of 10 people. Outdoor sports are limited to 25 individuals. Athletes, coaches, referees and other individuals necessary for a professional or collegiate sports competition are not counted towards the 25-person limit. For other adult and youth sports occurring outdoors, the number of individuals necessary for a game or practice can exceed the 25-person limit, but only if no individuals who are not necessary for the event, such as spectators, are present. All interstate games and tournaments up to and including the high school level are prohibited.
Career and training schools must follow protocols in Paragraph 10 of Executive Order 155.
Horse-racing can take place. Fans will not be allowed into racetrack grandstands. Gathering limits apply.
Transportation Carriers must comply with restrictions in Paragraph 1 of Executive Order 125.
Construction projects, including nonessential construction, must follow all protocols in Paragraph 2 of Executive Order 142.
Medical facilities may continue to operate. Facilities conducting elective services are required to comply with Guidance for Hospitals to Resume Elective Services [PDF] and Guidance for Ambulatory Surgery Centers to Resume Elective Services. Further NJDOH Legal and Regulatory Compliance documentation is available from the department as well.
Businesses That Must Be Closed
Adult Day Care Centers remain closed.
Gatherings of individuals are allowed at limited capacities and also subject to all other current business closures and restrictions. The CDC defines gatherings to include conferences, large meetings, parties, festivals, events, and other types of assemblies. Indoor gatherings are limited to 10 persons; an exception exists for wedding ceremonies, funerals and memorial services, religious and political activities, and performances, which are limited to 25% of a room's capacity or 150 persons, whichever is lower. However, indoor wedding receptions must comply with the limits on general indoor gatherings, currently limited to 10 individuals. Attendees at indoor gatherings must wear face coverings and stay 6 feet apart. As of 8 a.m. Friday, February 5, 2021, indoor gatherings that are religious ceremonies or services, wedding ceremonies, political activities, and memorial services or funerals will be able to accommodate 35% of their capacity, but no more than 150 total individuals.
Outdoor gatherings are limited to 25 persons, with an exception allowing no limits for outdoor wedding ceremonies, funerals, memorial services, religious activities, or political activities. However, outdoor wedding receptions must comply with the limits on general outdoor gatherings, currently limited to 25 individuals and social distancing must be practiced.
If any business is violating the required guidelines, you can report it to the State at covid19.nj.gov/violation, or to your Local Health Department, which you can identify with the Find Your Local Health Department tool.