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Ex. DUT-MS-012 Standing duty Primary source read

MSDH web page, 'COVID-19 Guidance and Prevention for Individuals and the Community' (msdh.ms.gov/msdhsite/_static/14,21866,420.html), as captured Aug. 25, 2021

MSDH prevention guidance (Aug. 25, 2021 state): 'Business and Community' section referring businesses to the MSDH Guidance for Restaurants and Other Workplaces and recommending that businesses follow CDC guidelines; child care, college, K-12 and long-term care guidance

Mississippi State Department of Health · Mississippi (State)

The COVID Project

The record

Jurisdiction
Mississippi
Level
State
Authority
Miss. Code Ann. §§ 41-3-15(4), 41-23-1, 41-23-5; referenced by Executive Orders 1549 and 1551 ('encouraged to make reasonable, good-faith efforts to comply with the CDC's and Mississippi State Department of Health's regulations and guidelines')
Issued
2021-08-25 Aug. 25, 2021
Effective
2021-08-25 (this state of the page) (read as 2021-08-25)
End
revised thereafter (read as 2021-09-30)
In force
Aug. 25, 2021 to Sept. 30, 2021
Quarters
2021 Q3
Limitation types
Face-covering requirementWorkplace rulesOther
Addressees
  • persons generally; employers and businesses; child care facilities, colleges, K-12 schools and long-term care facilities
Character
recommendation only
Collection
Standing duties: Mississippi DUT-MS

Operative words

Business and Community. MSDH Guidance for Restaurants and Other Workplaces. MSDH also recommends that individuals, organizations, businesses, and facilities in Mississippi follow appropriate CDC guidelines and recommendations for the prevention and control of COVID-19.

Penalty

None of its own; through the shield, loss of immunity; through 29 U.S.C. § 654(a)(1), OSHA citation

What it required

Recommends ('recommends') that businesses follow the MSDH workplace guidance (Ex. DUT-MS-017) and CDC guidelines; in the third quarter of 2021 its legal effect for businesses came from the liability shield's condition (Ex. DUT-MS-010) and the OSH Act general duty clause (Ex. DUT-AL-009), the Governor's business clauses having become recommendations on March 3, 2021 (Exs. MS-051, MS-053).

Retrieval note

5 pages. Recorded as a recommendation, as its verb has it. The long-term care paragraph is written in the imperative ('Wear a mask at all times inside these facilities if you are unvaccinated'; 'Do not visit these facilities if you feel ill').