EXECUTIVE ORDER NO. 122 State’s Coronavirus Task Force

EXECUTIVE ORDER NO. 122
WHEREAS, through Executive Order No. 102 (2020), which I
signed on February 3, 2020, I created the State’s Coronavirus Task
Force, chaired by the Commissioner of the New Jersey Department of
Health (“DOH”), in order to coordinate the State’s efforts to
appropriately prepare for and respond to the public health hazard
posed by Coronavirus disease 2019 (“COVID-19”); and
WHEREAS, on March 9, 2020, through Executive Order No. 103
(2020), the facts and circumstances of which are adopted by
reference herein, I declared both a Public Health Emergency and a
State of Emergency throughout the State due to the public health
hazard created by COVID-19; and
WHEREAS, on April 7, 2020, I issued Executive Order No. 119
(2020), which declared that the Public Health Emergency declared
in Executive Order No. 103 (2020) continues to exist; and
WHEREAS, in accordance with N.J.S.A. App. A:9-34 and -51, I
reserved the right to utilize and employ all available resources
of State government to protect against the emergency created by
COVID-19; and
WHEREAS, on March 16, 2020, through Executive Order No. 104
(2020), the facts and circumstances of which are adopted by
reference herein, I established statewide social mitigation
strategies for combatting COVID-19; and
WHEREAS, in recognition that the Centers for Disease Control
and Prevention (“CDC”) has advised that social mitigation
strategies for combatting COVID-19 require every effort to reduce
the rate of community spread of the disease and that COVID-19
spreads most frequently through person-to-person contact when
individuals are within six feet or less of one another, I issued
Executive Order No. 107 (2020), on March 21, 2020, the facts and
circumstances of which are adopted by reference herein, which
ordered steps to mitigate community spread of COVID-19; and
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WHEREAS, Executive Order No. 107 (2020) closed non-essential
retail businesses to the public, but permitted essential retail
businesses and other businesses that require an in-person
workforce to continue to operate; and
WHEREAS, Executive Order No. 107 (2020) institutes clear
parameters on essential retail businesses that are permitted to
operate and requires that all businesses or non-profits utilize
telework or work-from-home arrangements wherever practicable; and
WHEREAS, Executive Order No. 107 (2020) stated that
businesses or non-profits who have employees who cannot perform
their functions via telework or work-from-home arrangements should
make best efforts to reduce staff on site to the minimal number
necessary to ensure that essential operations can continue; and
WHEREAS, Executive Order No. 107 (2020) noted that examples
of such workers who need to be physically present at their work
site include construction workers; and
WHEREAS, construction sites are inherently difficult
environments for social distancing to occur, as they frequently
require large numbers of individuals to touch the same surfaces,
gather closely together in areas such as service elevators, and
use common facilities such as portable restrooms; and
WHEREAS, while some construction is needed to expand our
health care system’s capacity, address immediate infrastructure
deficiencies, and prevent future disruptions in various areas such
as education, housing, and transportation, which are themselves
tied to the public health and safety, other construction projects
do not need to proceed immediately and should be postponed in light
of public health considerations; and
WHEREAS, essential retail businesses continue to deliver
critical goods like food and medical supplies to the State’s
residents; and
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WHEREAS, the State’s manufacturing and warehousing
businesses, where essential goods are made and/or stored before
delivery to the retail business or consumer, continue to provide
a vital service to the public by fueling our supply chain and
continue to contribute to New Jersey’s response to the present
pandemic; and
WHEREAS, on April 7, 2020, I issued Executive Order No. 119
(2020), which declared that the Public Health Emergency declared
in Executive Order No. 103 (2020) continues to exist; and
WHEREAS, as of April 7, 2020, according to the World Health
Organization, there were more than 1,279,000 confirmed cases of
COVID-19 worldwide, with over 72,000 of those cases having resulted
in death; and
WHEREAS, as of April 7, 2020, according to the Centers for
Disease Control, there were more than 374,000 confirmed cases of
COVID-19 in the United States, with over 12,000 of those cases
having resulted in death; and
WHEREAS, as of April 7, 2020, there were over 44,400 positive
cases of COVID-19 in New Jersey, with at least 1,232 of those cases
having resulted in death; and
WHEREAS, workers at essential retail businesses are
continually exposed to members of the public, increasing their
risk of exposure to COVID-19; and
WHEREAS, workers in the manufacturing, warehousing, and
construction industries are typically forced to work in close
contact with other individuals and regularly come into contact
with goods, materials, and equipment that is delivered or
accessible to members of the public; and
WHEREAS, even as we have limited essential business
operations, the number of COVID-19 cases in New Jersey is
anticipated to continue to increase for the immediate future,
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meaning we must take additional steps to ensure that businesses
are following public health guidelines regarding social
distancing, cleaning, sanitizing, and hygiene practices; and
WHEREAS, imposing specific mitigation requirements on these
industries will permit members of the public to access essential
goods and services while also preventing increased spread of COVID-
19; and
WHEREAS, the CDC has stated that such cloth face coverings
must fit snugly but comfortably against the side of the face, be
secured with ties or ear loops, include multiple layers of fabric,
allow for breathing without restriction, and be able to be
laundered and machine dried without damage or change to shape; and
WHEREAS, the CDC has also stated that cloth face coverings
should not be placed on young children under age 2, anyone who has
trouble breathing, or is unconscious, incapacitated or otherwise
unable to remove the mask without assistance; and
WHEREAS, the CDC has stated that older adults and people of
any age who have serious underlying medical conditions might be at
higher risk for severe illness from COVID-19; and
WHEREAS, the CDC has now recommended that all residents wear
cloth face coverings in public settings where other social
distancing measures are difficult to maintain, such as grocery
stores and pharmacies, particularly in areas of significant
community-based transmission; and
WHEREAS, the CDC has also recommended certain cleaning and
disinfecting procedures for businesses to reduce potential spread
of COVID-19 to staff and members of the public; and
WHEREAS, the CDC has stated that older adults and people of
any age who have serious underlying medical conditions might be at
higher risk for severe illness from COVID-19; and
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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. Where an essential retail business is permitted to
maintain in-person operations pursuant to Executive Order No. 107
(2020) and any subsequent Administrative Orders, such business
must adopt policies that include, at minimum, the following
requirements:
a. Limit occupancy at 50% of the stated maximum store
capacity, if applicable, at one time;
b. Establish hours of operation, wherever possible,
that permit access solely to high-risk
individuals, as defined by the CDC;
c. Install a physical barrier, such as a shield guard,
between customers and cashiers/baggers wherever
feasible or otherwise ensure six feet of distance
between those individuals, except at the moment of
payment and/or exchange of goods;
d. Require infection control practices, such as
regular hand washing, coughing and sneezing
etiquette, and proper tissue usage and disposal;
e. Provide employees break time for repeated
handwashing throughout the workday;
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f. Arrange for contactless pay options, pickup,
and/or delivery of goods wherever feasible. Such
policies shall, wherever possible, consider
populations that do not have access to internet
service;
g. Provide sanitization materials, such as hand
sanitizer and sanitizing wipes, to staff and
customers;
h. Require frequent sanitization of high-touch areas
like restrooms, credit card machines, keypads,
counters and shopping carts;
i. Place conspicuous signage at entrances and
throughout the store, if applicable, alerting
staff and customers to the required six feet of
physical distance;
j. Demarcate six feet of spacing in check-out lines
to demonstrate appropriate spacing for social
distancing; and
k. Require workers and customers to wear cloth face
coverings while on the premises, except where doing
so would inhibit that individual’s health or where
the individual is under two years of age, and
require workers to wear gloves when in contact with
customers or goods. Businesses must provide, at
their expense, such face coverings and gloves for
their employees. If a customer refuses to wear a
cloth face covering for non-medical reasons and if
such covering cannot be provided to the individual
by the business at the point of entry, then the
business must decline entry to the individual,
unless the business is providing medication,
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medical supplies, or food, in which case the
business policy should provide alternate methods
of pickup and/or delivery of such goods. Nothing
in the stated policy should prevent workers or
customers from wearing a surgical-grade mask or
other more protective face covering if the
individual is already in possession of such
equipment, or if the business is otherwise required
to provide such worker with more protective
equipment due to the nature of the work involved.
Where an individual declines to wear a face
covering on store premises due to a medical
condition that inhibits such usage, neither the
essential retail business nor its staff shall
require the individual to produce medical
documentation verifying the stated condition.
2. The physical operations of all non-essential
construction projects shall cease when this Order takes effect.
“Essential construction projects” shall be defined as the
following:
a. Projects necessary for the delivery of health care
services, including but not limited to hospitals,
other health care facilities, and pharmaceutical
manufacturing facilities;
b. Transportation projects, including roads, bridges,
and mass transit facilities or physical
infrastructure, including work done at airports or
seaports;
c. Utility projects, including those necessary for
energy and electricity production and
transmission, and any decommissioning of
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facilities used for electricity generation;
d. Residential projects that are exclusively
designated as affordable housing;
e. Projects involving pre-K-12 schools, including but
not limited to projects in Schools Development
Authority districts, and projects involving higher
education facilities;
f. Projects already underway involving individual
single-family homes, or an individual apartment
unit where an individual already resides, with a
construction crew of 5 or fewer individuals. This
includes additions to single-family homes such as
solar panels;
g. Projects already underway involving a residential
unit for which a tenant or buyer has already
entered into a legally binding agreement to occupy
the unit by a certain date, and construction is
necessary to ensure the unit’s availability by that
date;
h. Projects involving facilities at which any one or
more of the following takes place: the manufacture,
distribution, storage, or servicing of goods or
products that are sold by online retail businesses
or essential retail businesses, as defined by
Executive Order No. 107 (2020) and subsequent
Administrative Orders adopted pursuant to that
Order;
i. Projects involving data centers or facilities that
are critical to a business’s ability to function;
j. Projects necessary for the delivery of essential
social services, including homeless shelters;
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k. Any project necessary to support law enforcement
agencies or first responder units in their response
to the COVID-19 emergency;
l. Any project that is ordered or contracted for by
Federal, State, county, or municipal government,
or any project that must be completed to meet a
deadline established by the Federal government;
m. Any work on a non-essential construction project
that is required to physically secure the site of
the project, ensure the structural integrity of
any buildings on the site, abate any hazards that
would exist on the site if the construction were
to remain in its current condition, remediate a
site, or otherwise ensure that the site and any
buildings therein are appropriately protected and
safe during the suspension of the project; and
n. Any emergency repairs necessary to ensure the
health and safety of residents.
3. Manufacturing businesses, warehousing businesses, and
businesses engaged in essential construction projects must adopt
policies that include, at minimum, the following requirements:
a. Prohibit non-essential visitors from entering the
worksite;
b. Limit worksite meetings, inductions, and
workgroups to groups of fewer than ten individuals;
c. Require individuals to maintain six feet or more
distance between them wherever possible;
d. Stagger work start and stop times where practicable
to limit the number of individuals entering and
leaving the worksite concurrently;
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e. Stagger lunch breaks and work times where
practicable to enable operations to safely
continue while utilizing the least number of
individuals possible at the site;
f. Restrict the number of individuals who can access
common areas, such as restrooms and breakrooms,
concurrently;
g. Require workers and visitors to wear cloth face
coverings, in accordance with CDC recommendations,
while on the premises, except where doing so would
inhibit the individual’s health or the individual
is under two years of age, and require workers to
wear gloves while on the premises. Businesses must
provide, at their expense, such face coverings and
gloves for their employees. If a visitor refuses
to wear a cloth face covering for non-medical
reasons and if such covering cannot be provided to
the individual by the business at the point of
entry, then the business must decline entry to the
individual. Nothing in the stated policy should
prevent workers or visitors from wearing a
surgical-grade mask or other more protective face
covering if the individual is already in possession
of such equipment, or if the businesses is
otherwise required to provide such worker with more
protective equipment due to the nature of the work
involved. Where an individual declines to wear a
face covering on the premises due to a medical
condition that inhibits such usage, neither the
business nor its staff shall require the individual
to produce medical documentation verifying the
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stated condition;
h. Require infection control practices, such as
regular hand washing, coughing and sneezing
etiquette, and proper tissue usage and disposal;
i. Limit sharing of tools, equipment, and machinery;
j. Provide sanitization materials, such as hand
sanitizer and sanitizing wipes, to workers and
visitors; and
k. Require frequent sanitization of high-touch areas
like restrooms, breakrooms, equipment, and
machinery.
4. All essential retail businesses, warehousing
businesses, manufacturing businesses, and businesses performing
essential construction projects must also adopt policies that
include, at minimum, the following requirements:
a. Immediately separate and send home workers who
appear to have symptoms consistent with COVID-19
illness upon arrival at work or who become sick
during the day;
b. Promptly notify workers of any known exposure to
COVID-19 at the worksite, consistent with the
confidentiality requirements of the Americans with
Disabilities Act and any other applicable laws;
c. Clean and disinfect the worksite in accordance with
CDC guidelines when a worker at the site has been
diagnosed with COVID-19 illness; and
d. Continue to follow guidelines and directives
issued by the New Jersey Department of Health, the
CDC and the Occupational Health and Safety
Administration, as applicable, for maintaining a
clean, safe and healthy work environment.
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5. Where a business is authorized to maintain in-person
operations pursuant to Executive Order No. 107 (2020) and
subsequent Administrative Orders, owners of buildings used for
commercial, industrial or other enterprises, including but not
limited to facilities for warehousing, manufacturing, commercial
offices, airports, grocery stores, universities, colleges,
government, hotels, and residential buildings with at least 50
units, shall adopt policies that, at minimum, implement the
following cleaning protocols in areas where operations are
conducted:
a. Clean and disinfect high-touch areas routinely in
accordance with CDC guidelines, particularly in
spaces that are accessible to staff, customers,
tenants, or other individuals, and ensure cleaning
procedures following a known or potential exposure
in a facility are in compliance with CDC
recommendations;
b. Otherwise maintain cleaning procedures in all
other areas of the facility; and
c. Ensure that the facility has a sufficient number
of workers to perform the above protocols
effectively and in a manner that ensures the safety
of occupants, visitors, and workers.
6. The State Director of Emergency Management (“State
Director”), 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.
7. 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
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governmental bodies, agencies, and authorities in this State of
any nature whatsoever, to cooperate fully in all matters concerning
this Executive Order, and to cooperate fully with Administrative
Orders issued pursuant to this Executive Order.
8. Penalties for violations of this Executive Order may be
imposed under, among other statutes, N.J.S.A. App. A:9-49 and -50.
9. This Order shall take effect beginning at 8:00 p.m. on
Friday, April 10, 2020, and shall remain in effect until revoked
or modified by the Governor, who shall consult with the
Commissioner of DOH as appropriate.
GIVEN, under my hand and seal this
8th day of April,
Two Thousand and Twenty, and of
the Independence of the United
States, the Two Hundred and
Forty-Fourth.
[seal] /s/ Philip D. Murphy
Governor
Attest:
/s/ Matthew J. Platkin
Chief Counsel to the Governor