A3976

An Act concerning the safe return of non-essential retail business within the State during the coronavirus disease 2019 health crisis.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. This act shall be known and may be cited as the “Healthy Citizens and Healthy Business Act.”

2. As used in this act:

“Non-essential retail business” means any business closed by Executive Order No. 107 of 2020.

“Department” means the Department of Health.

3. A non-essential retail business may resume operation by:

a. Complying with all rules and regulations of the department, and following guidelines of:

(1) the Centers for Disease Control and Prevention; and

(2) the Occupational Safety and Health Administration.

b. Implementing, or continuing, a paid sick-leave policy as follows:

(1) if an employee has symptoms of coronavirus disease 2019, the employee:

(a) shall be placed on leave immediately upon the exhibition of symptoms; and

(b) shall remain on leave until a physician indicates that return to employment is safe.

(2) If a member of an employee’s household is ill, the employee may be placed on leave to care for the ill individual.

(3) A positive test result for coronavirus disease 2019 is not required to take sick leave.

c. Ensuring that there is a minimum of six feet between any person at the business.

d. Implementing sanitary policies and a regular cleaning schedule to reduce exposure to coronavirus disease 2019, including:

(1) disinfecting restrooms, workspaces, and areas with access to the public; and

(2) maintaining adequate tissues, hand sanitizers, gloves, medical masks, and other necessary sanitary products.

e. Allowing as many employees as possible to work from home, including those living with an individual who is at high risk of suffering severe consequences from contracting coronavirus disease 2019.

f. Entitling employees who work from home to any applicable leave laws in the State.

g. Conducting meetings online as much as possible.

h. Implementing minimal staffing.

i. Limiting interaction with individuals who are not employees.

j. Striving to increase ventilation and circulation.

k. Not permitting an employee to work in an area open to the public if any of the following is in the employee’s household:

(1) An individual who is ill. The prohibition under this paragraph shall continue until a physician indicates that a return to employment is safe.

(2) An individual who is at high risk of suffering severe consequences from contracting coronavirus disease 2019.

l. Not permitting employees to share tools, equipment, desks or chairs.

m. Closing break rooms and dining areas.

4. Any person who violates this act shall be subject to a fine of $500, to be collected by the department in a civil action by a summary proceeding under the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.).

5. The department shall adopt rules and regulations pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of this act.

6. This act shall take effect immediately and shall expire 90 days following the expiration of Executive Order No. 107 of 2020.

STATEMENT

This bill, named the “Healthy Citizens and Healthy Business Act,” concerns the return of non-essential business within the State during the coronavirus disease 2019 (COVID-19) health crisis.

The United States of America and this State are confronting the viral disease known as COVID-19, which has necessitated certain emergency measures to curtail its spread. This includes keeping a distance of at least six feet between other persons and maintaining sanitary health practices, such as frequent hand washing. These emergency measures are critical in order to protect our hospitals from being overburdened.

As part of these emergency measures, on March 21, 2020, the Governor signed Executive Order No. 107, which directs all residents to stay at home until further notice and closes all non-essential businesses to the public. This order, which was signed with the hope of reducing the spread of COVID-19, impacts tens of thousands of businesses and reduces the economic well being of a significant portion of our citizens. Those impacted most severely include single parent families; young couples; independently employed individuals (who are not eligible for unemployment); nonprofit businesses; and small businesses. Due to the severe impact of this order, there is a real and present danger that the cure may be worse than the virus.

There is a better scientific approach to balance the preventative measures used to blunt the spread of COVID-19 while allowing closed businesses to resume operations. Under this bill, non-essential retail businesses that are closed under Executive Order 107 may reopen if they comply with all rules and regulations from the New Jersey Department of Health, the Centers for Disease Control (CDC), and the Occupational Safety and Health Administration (OSHA). Additionally, businesses that resume operations must agree to implement a paid sick leave policy that follows the healthy practices delineated by both the CDC and OSHA. This includes requiring:

· Employees who develop COVID-19 symptoms (i.e., fever, cough, or shortness of breath) to be sent home and not allowing them to return until cleared by a healthcare professional.

· Employees with sick family members, or family members at higher risk (elderly, those with a weakened immune system, heart conditions, respiratory disease, chronic medical condition, diabetes, etc.) to work outside of public areas.

A non-essential retail business must also agree to:

· A work from home policy, if practicable.

· A minimum of six feet between workers, as well as six feet maintained between the employee and the public.

· Implementing sanitary policies and a regular cleaning schedule to reduce exposure to COVID-19.

· Conducting meetings online as much as possible.

· Increasing ventilation and circulation of workspaces.

· Closing break rooms and dining areas.

· Prohibiting shared use of tools, equipment, desks, or chairs.

The COVID-19 health crisis is serious and deadly. By mandating the implementation of these policies, the safety of the citizens of this State will be ensured while also allowing businesses to survive.