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  3. DUT-WI-016

Ex. DUT-WI-016 Standing duty Primary source read

DHS web guidance, 'COVID-19: Businesses and Employers' (page as captured March 26, 2020)

Guidance for Employers: what employers can do now to prepare for COVID-19 impacts to the workplace (sick leave, staying home when sick, hand hygiene, distancing of 6 feet, routine environmental cleaning, identification and isolation of sick people, response to a positive case)

Wisconsin Department of Health Services, Division of Public Health · Wisconsin (State)

The COVID Project

The record

Jurisdiction
Wisconsin
Level
State
Authority
Wis. Stat. § 250.04 (department's general public health duties); guidance, not an order
Issued
2020-03-26 Mar. 26, 2020
Effective
2020-03-26 (capture date; the page was maintained and revised through 2020-2021) (read as 2020-03-26)
End
n/a (guidance) (read as 2021-09-30)
In force
Mar. 26, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Workplace rulesOther
Addressees
  • employers (all Wisconsin employers, as addressees of a recommendation)
Character
recommendation only
Collection
Standing duties: Wisconsin DUT-WI

Operative words

All employers need to consider how best to decrease the spread of acute respiratory illness and lower the impact of COVID-19 in their workplace.... Employers should ensure that their sick leave policies are flexible... Whenever possible, maintain a distance of at least 6 feet from others.... Ensure that employees who have symptoms of respiratory illness stay home and do not come to work

Penalty

None of its own. Legal effect through Emergency Order #12 § 16 and Emergency Order #28 (Social Distancing Requirements 'includes... following all other public health recommendations issued by DHS and the U.S. Centers for Disease Control,' which Essential Businesses and Operations 'shall comply with' (Ex. WI-002 § 2; Ex. WI-003 § 2.b.ii.1)), March 25 to May 13, 2020; thereafter as the content of § 101.11's duty and of DHS 145.06(6) directives.

What it required

Recommended ('should'; imperatives without a sanction) that every employer keep symptomatic employees home, maintain 6-foot distancing, clean and disinfect frequently touched surfaces daily, develop policies for prompt identification and isolation of sick people, and respond to a positive case; the page commands nothing of its own.

Retrieval note

Recorded as a recommendation; its verbs are 'should' and unsanctioned imperatives. The page is the 'public health recommendations issued by DHS' that Emergency Order #12 § 16 folded into the mandatory Social Distancing Requirements.