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Ex. DUT-UT-020 Standing duty Primary source read

coronavirus.utah.gov, Business: Workplace Resources (State Public Health Color-Coded Guidelines and Frequently Asked Questions), as captured May 18, 2020

Workplace Resources -- State Public Health Color-Coded Guidelines; Frequently Asked Questions for Utah businesses

State of Utah, coronavirus.utah.gov (Utah Department of Health and the Governor's Office of Economic Development, 'Utah Leads Together' business resources) · Utah (State)

The COVID Project

The record

Jurisdiction
Utah
Level
State
Authority
Explains Executive Order 2020-19 (Apr. 29, 2020, Ex. UT-012) and the Phased Guidelines (Ex. UT-013); states the enforcement role of the local health departments under Utah Code Title 26A
Issued
2020-05-18 May 18, 2020
Effective
2020-05-18 (as captured) (read as 2020-05-18)
End
page revised through 2020 and 2021; the Phased Guidelines regime it explains was superseded October 15, 2020 (Ex. UT-026) (read as 2020-10-15)
In force
May 18, 2020 to Oct. 15, 2020
Quarters
2020 Q22020 Q3
Limitation types
Workplace rulesOperating condition
Addressees
  • employers; all businesses
Character
guidance incorporated
Collection
Standing duties: Utah DUT-UT

Operative words

Do I have to follow the guidelines?... On April 29, 2020, Governor Herbert issued an Executive Order stating that individuals and businesses shall comply with the Orange (Medium Risk) provisions of the Phased Guidelines beginning May 1. In accordance with this order, the guidelines should be followed at a minimum.

Penalty

Enforcement by the local health departments (as the FAQ states), under Utah Code sections 26-23-6 and 26A-1-123 (Exs. DUT-UT-003, DUT-UT-005)

What it required

The State's own answer to every Utah business asking whether the protocols were optional: 'Utahns and businesses must strictly follow the health guidance of each color'; the Governor's Executive Order 'stat[ed] that individuals and businesses shall comply' with the Phased Guidelines; 'the guidelines should be followed at a minimum'; '[l]ocal health departments will be the enforcing entities'; the immunity statute shields a company 'unless the company engages in willful misconduct, reckless infliction of harm, or intentional infliction of harm,' and 'prudent business leaders will take all necessary steps to eliminate risks to employees and customers'; employees 'should be encouraged to follow the Phased Guidelines'; the U.S. Department of Labor's OSHA 'has published COVID-19 standards for employers to follow.'

Retrieval note

Category 7 instrument: a State FAQ of the period stating the duty of businesses to comply. Mixed verbs recorded exactly: 'must strictly follow' and 'shall comply' (the order) beside 'should be followed at a minimum' and 'should be encouraged' (the FAQ's own advice). The FAQ also states that 'every Utah business is invited to exceed the guidance,' which confirms that the Guidelines were the floor the order made compulsory. Category 6 counterpart: EO 2020-19 sec. 2 (Ex. UT-012).