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Ex. DUT-MS-017 Standing duty Primary source read

MSDH, COVID-19 Guidance for Restaurants and Other Workplaces (July 2021)

COVID-19 Guidance for Restaurants and Other Workplaces: positive employees 'should isolate at home for a full 10 days'; unvaccinated close contacts 'should quarantine for 14 days' or work as essential only with daily symptom monitoring and masks at all times; encourage vaccination and masks

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 (MSDH guidance function); the 'public health guidance' of S.B. 3049 § 2(k) (Ex. DUT-MS-010); the 'Mississippi State Department of Health's regulations and guidelines' of Executive Orders 1525, 1535, 1549 and 1551
Issued
2021-08-26 Aug. 26, 2021
Effective
2021-07 (read as 2021-08-26)
End
revised thereafter (read as 2021-09-30)
In force
Aug. 26, 2021 to Sept. 30, 2021
Quarters
2021 Q3
Limitation types
Face-covering requirementWorkplace rulesQuarantine and isolation
Addressees
  • employers (restaurants and other workplaces)
Character
recommendation only
Collection
Standing duties: Mississippi DUT-MS

Operative words

If you have an employee that tests positive for COVID-19, o The positive employee should isolate at home for a full 10 days.... Unvaccinated close contacts should quarantine for 14 days.... Unvaccinated close contacts to COVID-19 cases may continue to work if you deem them essential as long as they monitor for symptoms daily, remain asymptomatic, and wear a mask at all times while at work.

Penalty

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

What it required

As guidance ('should'), it directs employers to remove positive employees for ten days, to identify and quarantine unvaccinated close contacts for fourteen days (or retain them as essential only under daily monitoring and universal masking), to consider additional mitigation when multiple cases compromise safe operation, and to encourage vaccination and masks; it refers employers to CDC business guidance. Its compulsory force in the third quarter of 2021 came from the liability shield's condition (Ex. DUT-MS-010) and the OSH Act general duty clause (Ex. DUT-AL-009), and, for the isolated employee, from the State Health Officer's isolation authority (Exs. DUT-MS-006, DUT-MS-008, DUT-MS-019).

Retrieval note

1 page; recorded as a recommendation, as its verbs have it ('should' twice; 'Encourage'). Linked as 'MSDH Guidance for Restaurants and Other Workplaces' from the MSDH COVID-19 page and the Business and Community section on Aug. 25, 2021 (Exs. DUT-MS-018, DUT-MS-012).