Eligibility report

Governmental Orders Record and Eligibility Analysis

Pennsylvania

2021 Q3

Prepared by The COVID Project, Sept. 30, 2026. 236 instruments cited; 233 exhibit files held. Not legal advice.

The COVID Projectcovidproject.com/report?state=PA&quarters=2021Q3&federal=1&agencies=1&duties=1&meetings=1&answers=1

1. About this report

Prepared by The COVID Project, Sept. 30, 2026. Selection: State Pennsylvania and no metropolitan area (elsewhere in the State). Quarters: third quarter of 2021 (July 1, 2021 to Sept. 30, 2021). Options: the federal layer, agencies and boards, standing duties, group meetings and trade shows and the Service's fourteen sentences answered.

This report is a record of the governmental orders and related instruments that The COVID Project has retrieved, verified and indexed for the State, metropolitan area, industry and calendar quarters selected. Each instrument appears with its issuer, its number and title, its dates, the quarters in which it was in force, the functions of a business it reached, its operative words, its enforcement provision, a citation and an exhibit identifier. Every exhibit identifier resolves to the instrument's record at covidproject.com/library, and to the exhibit file, where held, at covidproject.com/exhibit.

The report is assembled from public governmental instruments, published organizer notices, published legal authorities and public court filings, and it reports what those documents say and when they were in force. It lists the instruments The COVID Project has verified and no others, so every count in it is a floor. It is not a filing, and it does not determine any person's eligibility for the Employee Retention Credit.

The report reproduces at covidproject.com/report?state=PA&quarters=2021Q3&federal=1&agencies=1&duties=1&meetings=1&answers=1. Every exhibit identifier in it resolves at covidproject.com/library/ followed by the identifier, and the exhibit file, where held, at covidproject.com/exhibit/ followed by the identifier.

Disclaimer

The COVID Project is a free public reference. This report is generated from public governmental instruments, published organizer notices, published legal authorities and public court filings that The COVID Project has retrieved and indexed; it reports what those documents say and when they were in force. It is not legal, tax or accounting advice, it does not create any professional relationship, it does not determine any person's eligibility for the Employee Retention Credit or the amount of any credit, and it is not a count of every order that existed. The COVID Project sells nothing and represents no one. Errors in any record can be reported through covidproject.com/contact with the exhibit identifier, and corrections are recorded with their dates.

2. Summary of findings

For each quarter selected, this section states what was in force for this selection on the quarter's first and last days, in the words of the Library's own quarter-by-quarter record for the State, the metropolitan area, the industry's regulators and the federal layer. Exhibit identifiers in parentheses name the instruments. The table that follows counts the instruments listed in section 5 by layer and quarter.

The federal layer of this report is the Library's two federal files: FED-A, the health, safety and transport layer, and FED-B, the commerce, travel, workplace and finance layer, including the orders of the federal courts those files hold. The ecosystem clusters and the federal agency clusters are listed in the Library's federal layer at covidproject.com/federal and are not part of this report's federal layer; a quarter page counts every federal-level instrument of the quarter across those clusters as well, so its figure is the larger of the two.

Third quarter of 2021 (July 1, 2021 to Sept. 30, 2021)

Pennsylvania, first day (July 1, 2021): July 1, 2021: IN FORCE: Act 21 of 2021 suspensions (PA-040); elective-procedure reduction order (PA-025); hospital daily-reporting order (PA-044); nursing-facility weekly-reporting order (PA-038); vaccine-provider order (PA-029, PA-034); PA-HAN-563 and PA-HAN-569 (PA-046, PA-118); Department of State waivers (PA-091 to PA-098); federal layer; Philadelphia and Allegheny local instruments. NOT IN FORCE: disaster emergency, mitigation and telework orders, universal mask order, any stay-at-home order or advisory, travel order, school attestation order, eviction/foreclosure stay, statewide judicial emergency.

Pennsylvania, last day (Sept. 30, 2021): Sept. 30, 2021: IN FORCE: Act 73 of 2021 (enacted that day) extending the health, human-services and licensing-board suspensions 'in effect on September 30, 2021' to Mar. 31, 2022 (PA-043); school and child-care face-covering order from Sept. 7 (PA-042); hospital daily-reporting order as amended Aug. 18 (PA-041); nursing-facility weekly reporting (PA-038); vaccine-provider order (PA-034); PA-HAN-597 (from Sept. 21) and PA-HAN-596 (from Sept. 16) (PA-048, PA-047); Commonwealth-employee vaccinate-or-test policy from Sept. 7 (PA-108); UC work-search requirement reinstated July 18 (PA-107); out-of-State practitioner licensing waivers to Sept. 30 (PA-091 notes). ENDED WITHIN THE QUARTER: elective-procedure reduction order (Aug. 23, PA-101); Department of State waiver tranches (Aug. 17, Aug. 31, Sept. 15); the Third Circuit vacated Butler as moot Aug. 11 (PA-104).

The federal health, safety and transport layer, first day (July 1, 2021): July 1, 2021: national emergency (FED-001/002), nationwide Stafford emergency and all 51 major disasters (FED-006, FED-100 to FED-150), PHE (FED-015); CDC conveyance mask order (FED-020) and TSA SD 1582/84-21-01A and aviation successors (FED-051, FED-053 to FED-056); inbound testing order (FED-042); Conditional Sailing Order and Technical Instructions (FED-031/032); Title 42 order of Oct. 13, 2020 (FED-037); CDC eviction moratorium to July 31 (FED-025); EO 13991, 13998, 13999 (FED-060 to FED-062); DHS transportation emergency (FED-057); DPA delegations and scarce-materials designation (FED-070 to FED-074); OSHA Healthcare ETS with compliance due July 6 and July 21 (FED-080), DIR 2021-02 (FED-081), NEP DIR 2021-01 (FED-082, to July 7); CMS-1744/5531/3401/9912/3414-IFC (FED-090 to FED-094), QSO-20-38-NH (FED-168), QSO-20-39-NH rev. Apr. 27, 2021 (FED-156), QSO-21-19-NH (FED-163), QSO-20-13, -18, -20, -29, -31, -35 (FED-096, FED-098, FED-099, FED-161, FED-165, FED-166); § 1135 blanket waivers (FED-160); PREP Act and § 564 declarations (FED-180 to FED-184); HHS telehealth enforcement discretion (FED-194); FEMA 100 percent cost-share memoranda (FED-007/008).

The federal health, safety and transport layer, last day (Sept. 30, 2021): Sept. 30, 2021: national emergency and Stafford declarations; PHE renewed July 20 (FED-016); CDC conveyance mask order (FED-020) and TSA SD 1582/84-21-01B from Sept. 14 (FED-052) with aviation successors; inbound testing order (FED-042); Conditional Sailing Order (FED-031); Title 42 reassessment order of Aug. 2 (FED-038); EO 13991, 13998, 13999; EO 14042 and 14043 signed Sept. 9 (FED-063, FED-064; no private-contractor obligation before Oct. 15, 2021); DHS transportation emergency; DPA delegations; OSHA Healthcare ETS in full effect (FED-080), DIR 2021-02 (FED-081), revised NEP DIR 2021-03 from July 7 (FED-083), Updated Interim Enforcement Response Plan (FED-084); CMS rules FED-090 to FED-094, FED-160, FED-168, FED-156, FED-163; presidential memorandum of Aug. 17 (FED-009); telehealth discretion (FED-194). Not in force on this day: the CDC eviction moratorium (ended July 31; successor Aug. 3-26, FED-026), the FEMA PPE export rule (expired June 30), the FFCRA mandate (ended Dec. 31, 2020), the OSHA vaccination-or-testing ETS and CMS staff vaccination rule (issued Nov. 5, 2021), the CDC orders of Oct. 25, 2021.

The federal commerce, travel, workplace and finance layer, first day (July 1, 2021): In force: Proclamations 9984, 9992, 10143, 10199 (FED-200, FED-201, FED-207, FED-208); DHS land-border notification of June 23, 2021 (non-essential travel prohibited; to July 21) (FED-232, FED-255); EO 13991, M-21-15 (other than occupancy) and M-21-25 reentry planning (FED-270, FED-271); DoD Mar. 15, 2021 travel restrictions (FED-280); federal courts: N.D. Ill. GO 21-0006 (amended May 26) and Fifth Amended GO 20-0022 (FED-297, FED-301); D.N.J. SO 20-13 (masks) and SO 21-04 as amended (FED-302, FED-306); D. Md. Amended SO 2021-07 (FED-313); N.D. Cal. GO 78 (FED-337); C.D. Cal. Order 20-078 (masks) (FED-285); finance: FHFA, HUD, VA and USDA foreclosure and eviction moratoria through July 31, 2021 (FED-354, FED-364, FED-378, FED-384); CARES Act § 4022 forbearance (FED-340); HUD and VA forbearance request windows to Sept. 30, 2021 (FED-364, FED-378); interagency loan-modification statement and CARES § 4013 relief (FED-342); student-loan payment pause (FED-345); H.Res. 965 (FED-398).

The federal commerce, travel, workplace and finance layer, last day (Sept. 30, 2021): In force: Proclamations 9984, 9992, 10143, 10199 (revoked only on Nov. 8, 2021) (FED-209); DHS land-border notification of Sept. 22, 2021 (to Oct. 21; non-essential travel still prohibited) (FED-235, FED-258); EO 13991 with the Task Force Model Safety Principles of July 29, 2021 (masks regardless of vaccination status in substantial/high-transmission areas; vaccination attestation; visitor vaccination-status disclosure; agency-head approval for events over 50) (FED-272), the Certification of Vaccination form (FED-278), the Sept. 13 update (FED-273), EO 14042 and EO 14043 (Sept. 9) (FED-A), the contractor guidance (Sept. 24) and OMB determination (Sept. 28) (FED-274, FED-275); DoD Mar. 15, 2021 travel restrictions (FED-280); federal courts: N.D. Ill. Third Amended face-covering order (July 30), Amended GO 21-0006 (Sept. 15, effective Sept. 20: vaccination or testing for courtroom presence), GO 21-0033 (Sept. 20: employee and contractor vaccination) and Fifth Amended GO 20-0022 (video criminal proceedings to Oct. 4) (FED-299, FED-298, FED-300, FED-301); D.N.J. Updated Amended SO 21-04 (Sept. 3: one jury selection per vicinage; universal masks; temperature screening) and SO 21-08 (Sept. 13: visitor vaccination or testing) with SO 20-13 masks (FED-307, FED-308, FED-302); D. Md. Amended SO 2021-07 entry exclusions (FED-313); N.D. Cal. GO 78 protocols and remote criminal proceedings (FED-337); C.D. Cal. Order 20-078 masks (until Oct. 1, 2021) (FED-285); finance: FHFA REO eviction moratorium, VA Circular 26-21-14 foreclosure-related eviction moratorium, HUD eviction moratorium and USDA eviction moratorium, all through Sept. 30, 2021 (FED-355, FED-379, FED-364, FED-385); CFPB Regulation X procedural safeguards from Aug. 31, 2021 (FED-344); HUD ML 2021-18 recovery loss-mitigation review (FED-365); HUD and VA forbearance request windows to Sept. 30, 2021 and VA Circular 26-21-20 (Sept. 29) extending them (FED-364, FED-378, FED-380); CARES § 4022 forbearance (FED-340); student-loan payment pause (extended Aug. 6, 2021 to Jan. 31, 2022) (FED-345).

Instruments in the Library for this selection, by layer and quarter (an instrument in force in several quarters is counted in each; the total counts it once).

Layer	2021 Q3	Total
Federal layer	167	167
State of Pennsylvania	22	22
Agencies, boards and authorities	16	16
Standing duties	44	44
All layers	249	249

3. The statute and the test

An employer is an eligible employer for a calendar quarter under the governmental-orders test if

the operation of the trade or business described in clause (i) is fully or partially suspended during the calendar quarter due to orders from an appropriate governmental authority limiting commerce, travel, or group meetings (for commercial, social, religious, or other purposes) due to the coronavirus disease 2019 (COVID-19)
CARES Act § 2301(c)(2)(A)(ii)(I), Pub. L. 116-136, 134 Stat. 281, 348; I.R.C. § 3134(c)(2)(A)(ii)(I), 135 Stat. 4, 177

Congress enacted those words four times and never changed them. The Coronavirus Aid, Relief, and Economic Security Act of March 27, 2020 enacted the Suspension Clause at section 2301(c)(2)(A)(ii)(I), Pub. L. 116-136, 134 Stat. 281, 347-48, for wages paid after March 12, 2020 and before January 1, 2021 (§ 2301(m), 134 Stat. 351) (Ex. LAW-001). The Taxpayer Certainty and Disaster Tax Relief Act of 2020, Pub. L. 116-260, div. EE, §§ 206-207, 134 Stat. 1182, 3059-65 (Dec. 27, 2020), extended the credit to wages paid before July 1, 2021 and raised its rate to 70 percent; neither section touched the clause (Ex. LAW-002).

The American Rescue Plan Act of 2021, Pub. L. 117-2, § 9651, 135 Stat. 4, 176 (Mar. 11, 2021), added section 3134 to the Internal Revenue Code, whose heading repeats the CARES Act title and whose Suspension Clause reappears word for word at 135 Stat. 177, for wages paid after June 30, 2021 (§ 3134(n), 135 Stat. 182) (Ex. LAW-003). The Infrastructure Investment and Jobs Act, Pub. L. 117-58, § 80604, 135 Stat. 429, 1341 (Nov. 15, 2021), ended the credit for calendar quarters beginning after September 30, 2021, and left the third quarter of 2021 in place (Ex. LAW-004).

The clause has seven elements, taken in the statute's order: orders; from an appropriate governmental authority; limiting commerce, travel, or group meetings (for commercial, social, religious, or other purposes); due to COVID-19; the operation of the trade or business fully or partially suspended; during the calendar quarter; and due to those orders. The words "essential," "comparable operations," "telework," "customers," "voluntary," "more than nominal," "10 percent," "directed at," "jurisdiction over the employer," "proximate," "independent" and "sufficient" appear in none of the four enactments. The credit runs by calendar quarter; the six quarters the clause governs are the second, third and fourth quarters of 2020 and the first, second and third quarters of 2021.

The partial-suspension test and how this report applies it

In this report the Internal Revenue Service is the "Service," the Government as a litigant is the "United States," Notice 2021-20, 2021-11 I.R.B. 922, is the "Notice," and the statutory text above is the "Suspension Clause." Tri-State is Tri-State Memorial Hospital v. United States, No. 2:25-cv-0181-TOR, ECF No. 38 (E.D. Wash. May 28, 2026), the one federal decision construing the clause's words. Doc. 44 is the United States' opposition and cross-motion for summary judgment in Stenson Tamaddon, LLC v. IRS, No. 2:24-cv-01123-SPL (D. Ariz. Jan. 6, 2025), ECF No. 44; Doc. 49 is the summary-judgment order in that case of June 20, 2025; and the Br. for Appellees is the United States' brief in the appeal, No. 25-4217 (9th Cir. Jan. 30, 2026).

The statute controls, and the Notice does not. The United States has told two federal courts so: the Notice "is merely guidance" and "lacks the force of law" (Doc. 44 at 19); "the United States is not arguing that the IRS interpretation has the force of law or is entitled to deference" (Doc. 44 at 31 & n.8); "[w]hether Notice 2021-20 exists or not, the statute will control whether a refund is warranted" (Doc. 44 at 24). The court held that "the Notice carries no force of law and is entitled to no deference" (Doc. 49 at 27) and that the ten percent figure "is not an exclusionary cut-off point, but rather a safe harbor" (Doc. 49 at 26). In the Ninth Circuit the United States called the Notice "nonbinding guidance," its ten percent provision "a quintessential safe harbor," and wrote that "[t]here is no question of deference here" (Br. for Appellees at 26, 37-38, 58).

"Fully or partially suspended" means what the words say. On definitions both parties agreed, Tri-State held: "a 'partial suspension' is a temporary delay, interruption, or termination of a portion an employer's business. The language is plain" (Tri-State at 8-9). The court refused to read "more than nominal" as "significant": "the plain language and ordinary meaning of partial and nominal do not suggest either of those interpretations" (Tri-State at 10-11). The Notice's ten percent rules are "only administrative guidance"; "the IRS Notice provides a method for the test to be met not as a requirement to meet the test" (Tri-State at 15-16). "Due to" means "because of," which "[b]oth Plaintiff and Defendant agree" (Tri-State at 17), and "the Court recognizes that 'due to' requires 'but-for' causation" (Tri-State at 19). The argument that the virus rather than the order caused the changes fails: "[s]ick patients and employees alone did not require additional protocols" (Tri-State at 20-21).

This report applies the test in five steps, with the instruments the Library holds for your selection and no others. Step one, the order: the issuer, the instrument by number and title, its dates and its exhibit; the Service's own Q&A-10 treats "orders, proclamations, or decrees" as orders "without regard to the level of enforcement" (Notice 2021-20, Q&A-10, at 927-28). Step two, the function it reached: the part of the business the order governed, whether the customer-facing floor, the back of house, the office, the workforce, the supply chain or the customer base. Step three, the change it compelled: the operative words, quoted from the instrument, and the sanction behind them. Step four, the quarter: the days on which the instrument was in force, tested against its dates. Step five, the statute's answer: a function is a portion of the operation; a compelled change is a delay, interruption or termination of that portion; but for the order no law required it; and on the definitions the United States agreed to, the operation was partially suspended during the quarter due to the order.

The statute does not ask whether the business was "essential" or stayed open: the Notice's own Q&A-17, Example 4, calls an open hospital under an elective-procedure order partially suspended (Q&A-17, at 930). It does not ask whether the business could telework: Q&A-15 finds a partial suspension wherever a workplace closure "causes the employer to suspend business operations for certain purposes, but not others" (Q&A-15, at 929). It does not ask whose customers were under orders: "a business may be suspended 'due to' a government order addressing a third party" (Br. for Appellees at 41). It does not ask whether a compelled measure was "voluntary": Q&A-14 reaches only a suspension "not due to a governmental order" (Q&A-14, at 929). And it does not ask for a percentage: "The 10 percent is not determinative ... Properly understood, it isn't an eligibility requirement" (Doc. 44 at 14). The Service's letters ask each of those questions. The statute asks one, and this report answers it, instrument by instrument.

How this report was assembled

The report is drawn from The COVID Project's Orders Library, which indexes the governmental orders that limited commerce, travel and group meetings in the United States from March 2020 through September 30, 2021. The Library is organized in layers, and the report walks them in order for your selection: the federal layer (proclamations, executive orders, agency orders and rules, and the federal courts' general orders); your State, from its first declaration to the instrument that ended its general restrictions; your metropolitan area's health officers, mayors and courts; the sector regulators of your industry (licensing boards, health departments, alcohol and gaming regulators, labor agencies and federal program rules); the clusters of authorities that are easy to overlook (ports, aviation, courts, motor-vehicle offices, tribal and territorial governments); the standing duties of your State and of the United States (communicable-disease, workplace-safety and liability-shield statutes); and the organizers' notices of the trade shows, conventions, seasons and tournaments your industry lost.

Every record carries one of two grades, and the report shows only these two. Primary source read means the compiler read the issuing authority's own text: the order as published, the register page, the codified rule, the court's docket entry. Confirmed from a secondary source means the instrument's existence, number, date and substance were established from an identifiable secondary source and the primary text was not read. Records graded unverified or not retrieved never appear. Every exhibit was retrieved from the issuing authority's site or from the Internet Archive's capture of it, kept only if its text contained a distinctive phrase of the instrument, hashed at retrieval and re-checked by a second reviewer.

Every instrument has one exhibit identifier, used everywhere on the site and in this report. A State instrument carries its two-letter State code and a serial number (Ex. TX-004 is Texas Executive Order GA-09 of March 22, 2020); a metropolitan instrument carries MET and the metro code; a federal instrument carries FED; a sector regulator's instrument carries SEC and the industry number, and an organizer's notice adds GM; an overlooked authority carries AGY and its cluster; a standing duty carries DUT and the State code, or DUT-FED (Ex. DUT-FED-001 is the general duty clause of the Occupational Safety and Health Act); a legal authority carries LAW.

The dates decide the quarters. An instrument is in force in a quarter only if its effective date fell on or before the quarter's last day and its end date, if any, fell on or after the quarter's first day. The six quarters are the second, third and fourth quarters of 2020 and the first, second and third quarters of 2021. Because the CARES Act applies to wages paid after March 12, 2020, and the Service's Form 941-X instructions place the credit for wages paid March 13 through March 31, 2020 on the second-quarter return, the orders of March 13 through 31, 2020, the first stay-at-home and closure orders in the country, appear in the record of the second quarter of 2020.

4. The orders, quarter by quarter

For each quarter selected, the instruments in force appear by layer: the federal layer (the Library's FED-A and FED-B files, including the federal court orders they hold), the State, the metropolitan area, the industry's regulators, and the agencies, boards and authorities whose orders resolve to the State. Within a layer the instruments that carry the industry's key limitation types come first, then the rest in date order. An instrument in force across several quarters is described in full where it first appears and listed in compact form in each later quarter. Every item carries its citation and its exhibit identifier.

Third quarter of 2021 (July 1, 2021 to Sept. 30, 2021)

Federal layer

Ex. FED-290

Press release of March 12, 2020 (Building closed to the public)

Supreme Court Building closed to the public until further notice

Supreme Court of the United States (Public Information Office), Supreme Court of the United States (Court)

Dates: In force from Mar. 12, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Business closureCourts and public offices
Functions reached: CT; CS Washington tourism and visitor commerce
Grade: Confirmed from a secondary source
Days in this quarter: 92 (the whole quarter)

Enforcement: Supreme Court Police

Citation: Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)

Ex. FED-398

H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus

H.Res. 965 (116th Congress) - Remote Voting by Proxy and Remote Committee Proceedings

U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), United States House of Representatives (Federal)

Dates: In force from May 20, 2020 to Jan. 3, 2023 (issued May 15, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Gathering capOther
Functions reached: EV Capitol Hill commerce (the Capitol complex was closed to public tours from Mar. 12, 2020 through 2021); CS lobbying, government relations and hospitality in Washington
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

SECTION 1. AUTHORIZATION OF REMOTE VOTING BY PROXY DURING PUBLIC HEALTH EMERGENCY DUE TO NOVEL CORONAVIRUS. (a) AUTHORIZATION.--Notwithstanding rule III, at any time after the Speaker or the Speaker's designee is notified by the Sergeant-at-Arms, in consultation with the Attending Physician, that a public health emergency due to a novel coronavirus is in effect, the Speaker or the Speaker's designee, in consultation with the Minority Leader or the Minority Leader's designee, may designate a period (hereafter in this resolution referred to as a ''covered period'') during which a Member who is designated by another Member as a proxy... SEC. 3. PROCESS FOR VOTING DURING COVERED PERIODS. (a) RECORDED VOTES ORDERED.-- (1) IN GENERAL.--Notwithstanding clause 6 of rule I, during a covered period, the yeas and nays shall be considered as ordered on any vote on which a recorded vote or the yeas…

Enforcement: House rule

Citation: U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398) Open the exhibit

Ex. FED-031

CDC Framework for Conditional Sailing Order

Framework for Conditional Sailing and Initial Phase COVID-19 Testing Requirements for Protection of Crew, 85 Fed. Reg. 70153 (Nov. 4, 2020)

Centers for Disease Control and Prevention, HHS, United States (cruise ships operating or intending to operate in U.S. waters) (Federal)

Dates: In force from Oct. 30, 2020 to Nov. 1, 2021
Quarters: 2020 Q42021 Q12021 Q22021 Q3
Limitations: Capacity limitTravel and quarantineEvents and venuesWorkplace rules
Functions reached: TV travel demand; GS group sales; CB passengers and port economies; SC; EVT (shipboard events, conventions at sea)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

This Order establishes a framework for a phased approach to resuming cruise ship passenger operations in U.S. waters. This phased approach will include: (1) Establishment of laboratory testing of crew onboard cruise ships in U.S. waters; (2) simulated voyages designed to test a cruise ship operators' ability to mitigate COVID-19 onboard cruise ships; (3) a certification process; and (4) a return to passenger voyages in a manner that mitigates the risk of COVID-19 introduction, transmission, or spread among passengers and crew onboard ships and ashore to communities.... This Order is effective upon signature and shall remain in effect until the earliest of... (3) November 1, 2021.

Enforcement: 42 U.S.C. § 271; 42 C.F.R. §§ 70.18, 71.2; Coast Guard

Citation: Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031) Open the exhibit

Ex. FED-060

Executive Order 13991

Protecting the Federal Workforce and Requiring Mask-Wearing, 86 Fed. Reg. 7045 (Jan. 25, 2021)

President Joseph R. Biden, Jr., United States (federal buildings and lands; federal employees and on-site contractors) (Federal)

Dates: In force from Jan. 20, 2021 to May 9, 2023
Quarters: 2021 Q12021 Q22021 Q3
Limitations: Gathering capFace-covering requirementWorkplace rules
Functions reached: CS client meetings at federal sites (professional services); JS federal construction sites; DL/SV field service at federal facilities; CT federal courthouses and agency offices (masking and distancing conditions on entry); MK federally hosted meetings
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Sec. 2. Immediate Action Regarding Federal Employees, Contractors, Buildings, and Lands. (a) The heads of executive departments and agencies (agencies) shall immediately take action, as appropriate and consistent with applicable law, to require compliance with CDC guidelines with respect to wearing masks, maintaining physical distance, and other public health measures by: on-duty or on-site Federal employees; on-site Federal contractors; and all persons in Federal buildings or on Federal lands.

Enforcement: Agency directives; contract terms; building-access conditions; created the Safer Federal Workforce Task Force (§ 4) whose July and September 2021 rules are FED-B's

Citation: President Joseph R. Biden, Jr, Executive Order 13991 (Jan. 20, 2021) (Ex. FED-060) Open the exhibit

Ex. FED-156

QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3)

QSO-20-39-NH, Nursing Home Visitation - COVID-19 (REVISED 04/27/2021)

CMS, Quality, Safety & Oversight Group, United States (Medicare and Medicaid nursing homes) (Federal)

Dates: In force from Apr. 27, 2021 to Nov. 12, 2021
Quarters: 2021 Q22021 Q3
Limitations: Gathering capFace-covering requirementHealth care ordersWorkplace rulesQuarantine and isolation
Functions reached: VS visitation and access (home-care-senior-living; hospice; clergy CR; families); IC screening and masking of every entrant regardless of vaccination; DN communal dining and activities (conducted under the core principles); HR/WF and vendor access (staffing PL; personal services SL in-facility salons; physician CL on-site visits); RS cohorting and quarantine
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Core Principles of COVID-19 Infection Prevention: Screening of all who enter the facility for signs and symptoms of COVID-19 (e.g., temperature checks, questions about and observations of signs or symptoms), and denial of entry of those with signs or symptoms or those who have had close contact with someone with COVID-19 infection in the prior 14 days (regardless of the visitor's vaccination status)... Face covering or mask (covering mouth and nose) and social distancing at least six feet between persons, in accordance with CDC guidance... Resident and staff testing conducted as required at 42 CFR § 483.80(h) (see QSO-20-38-NH Revised). These core principles are consistent with the Centers for Disease Control and Prevention (CDC) guidance for nursing homes, and should be adhered to at all times.... Facilities should allow indoor visitation at all times and for all residents (regardless…

Enforcement: Survey enforcement under F563 (visitation) and F880 (infection control); civil money penalties

Citation: CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3) (Ex. FED-156) Open the exhibit

Ex. FED-032

Notice: Conditional Sailing Order Technical Instructions and Operations Manual

Conditional Sailing Order Technical Instructions and Operations Manual, 86 Fed. Reg. 24865 (May 10, 2021)

Centers for Disease Control and Prevention, HHS, United States (Federal)

Dates: In force from May 5, 2021 to Sept. 30, 2021
Quarters: 2021 Q22021 Q3
Limitations: Capacity limitTravel and quarantineWorkplace rulesVaccination or testing
Functions reached: TV; GS; CB; SC
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

[notice of the technical instructions implementing the CSO's phases: port agreements, simulated voyages, COVID-19 Conditional Sailing Certificates, testing and vaccination thresholds for restricted revenue voyages]

Enforcement: as for FED-031

Citation: Centers for Disease Control and Prevention, HHS, Notice: Conditional Sailing Order Technical Instructions and Operations Manual (May 5, 2021) (Ex. FED-032) Open the exhibit

Ex. FED-080

Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021)

Occupational Exposure to COVID-19; Emergency Temporary Standard, 86 Fed. Reg. 32376 (June 21, 2021)

Occupational Safety and Health Administration, U.S. Department of Labor, United States (every setting 'where any employee provides healthcare services or healthcare support services'; federal OSHA States directly, State-plan States through adoption within 30 days) (Federal)

Dates: In force from June 21, 2021 to Dec. 27, 2021
Quarters: 2021 Q22021 Q3
Limitations: Capacity limitFace-covering requirementHealth care ordersWorkplace rulesVaccination or testingQuarantine and isolation
Functions reached: IC infection control (hospitals, physician practices, dental, home care); ED/CL intake and waiting rooms (entry limits, screening, triage); SX/PR procedures (aerosol-generating procedure rules, § 1910.502(g)); VS visitation and access (non-employee screening); HR/WF (daily employee screening; medical removal; paid vaccination leave); OF administration (written plan, safety coordinator, recordkeeping); SC PPE (respirators for exposure to suspected or confirmed COVID-19)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

§ 1910.502(a)(1): 'Except as otherwise provided in this paragraph, this section applies to all settings where any employee provides healthcare services or healthcare support services.' (a)(2): 'This section does not apply to the following: (i) The provision of first aid by an employee who is not a licensed healthcare provider; (ii) The dispensing of prescriptions by pharmacists in retail settings; (iii) Non-hospital ambulatory care settings where all non-employees are screened prior to entry and people with suspected or confirmed COVID-19 are not permitted to enter those settings; (iv) Well-defined hospital ambulatory care settings where all employees are fully vaccinated and all non-employees are screened prior to entry and people with suspected or confirmed COVID-19 are not permitted to enter those settings; (v) Home healthcare settings where all employees are fully vaccinated and all…

Enforcement: Citations and civil penalties under OSH Act §§ 9, 17 (29 U.S.C. §§ 658, 666); inspection procedures DIR 2021-02 (FED-081); § 11(c) and § 1910.502(o) anti-retaliation

Citation: Occupational Safety and Health Administration, U.S. Department of Labor, Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021) (Ex. FED-080) Open the exhibit

Ex. FED-272

COVID-19 Workplace Safety: Agency Model Safety Principles (revised July 29, 2021), following the OMB memorandum of July 27, 2021 reinstating masks

COVID-19 Workplace Safety: Agency Model Safety Principles (Issued July 29, 2021)

Safer Federal Workforce Task Force (OPM, GSA, White House COVID-19 Response Coordinator) under Executive Order 13991 § 4, with OMB, United States (all federal buildings and federal lands; federally hosted meetings) (Federal)

Dates: In force from July 29, 2021 to Sept. 13, 2021
Quarters: 2021 Q3
Limitations: Gathering capFace-covering requirementTravel and quarantineWorkplace rulesVaccination or testing
Functions reached: CS vendor, contractor and visitor entry to every federal building conditioned on vaccination status or testing from July 29, 2021; MK federally hosted meetings, conferences and events over 50 participants restricted; TR federal official travel for the unvaccinated limited to mission-critical trips; OF masks in federal buildings in areas of substantial or high transmission regardless of vaccination status (which by August 2021 was nearly the whole country)
Grade: Primary source read
Days in this quarter: 47

Federal agencies need to ask about the vaccination status of Federal employees and onsite contractors -- employees and onsite contractors must sign an attestation confirming their vaccination status, or they will be treated as not fully vaccinated for purposes of safety protocols.... Visitors must provide information on their vaccination status and comply with the requisite safety protocols.... [for employees and contractors] who are not fully vaccinated or who decline to provide information about their vaccination status, official domestic travel should be limited to only necessary mission-critical trips.... Should an agency intend to host an in-person meeting, conference, or event that will be attended by more than 50 participants -- regardless of whether participants include members of the public -- the agency must first seek the approval of its agency head, in consultation with the…

Enforcement: EO 13991 § 2; agency safety plans; attestation under penalty of administrative action (Certification of Vaccination form, Ex. FED-278)

Citation: Safer Federal Workforce Task Force (OPM, GSA, White House COVID-19 Response Coordinator) under Executive Order 13991 § 4, with OMB, COVID-19 Workplace Safety: Agency Model Safety Principles (revised July 29, 2021), following the OMB memorandum of July 27, 2021 reinstating masks (Ex. FED-272) Open the exhibit

Ex. FED-307

Updated Amended Standing Order 21-04

In re: Court Operations Under the Exigent Circumstances Created by COVID-19 (Updated Amended, Sept. 3, 2021)

Chief Judge Freda L. Wolfson, United States District Court for the District of New Jersey (Court)

Dates: In force from Sept. 3, 2021 to Dec. 29, 2021
Quarters: 2021 Q3
Limitations: Capacity limitFace-covering requirementCourts and public offices
Functions reached: CT jury selections capped at one per vicinage; masks for all entrants regardless of vaccination status; temperature screening (Sept. 2021); CS
Grade: Primary source read
Days in this quarter: 28 (in force on the last day)

[WHEREAS the Delta] and other variants, and on July 27, 2021, the CDC recommended that all persons, including those fully vaccinated against COVID-19, wear a mask in public indoor settings, in areas of [substantial or high transmission]... [the Court has required] full vaccination of its employees, while continuing its protocols of temperature screening and hand sanitizing by all entrants to the District's courthouses, and mask wearing in all public areas of Court facilities by entrants and occupants thereof, regardless of vaccination status;... 1. No more than one jury selection, either civil or criminal, shall occur in each vicinage of this Court at one time... 2. Multiple, simultaneous jury trials may be conducted in each of this Court's vicinages, but the number of simultaneous criminal jury trials involving detainees in each [vicinage is limited]... DATED: September 3, 2021

Enforcement: court order

Citation: Chief Judge Freda L. Wolfson, Updated Amended Standing Order 21-04 (Sept. 3, 2021) (Ex. FED-307) Open the exhibit

Ex. FED-008

Memorandum of February 2, 2021

Maximizing Assistance From the Federal Emergency Management Agency To Respond to COVID-19, 86 Fed. Reg. 8281 (Feb. 5, 2021)

President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator), United States (Federal)

Dates: In force from Jan. 20, 2020 to Aug. 17, 2021 (issued Feb. 2, 2021)
Quarters: 2021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate
Grade: Primary source read
Days in this quarter: 48 (in force on the first day)

FEMA shall provide a 100 percent Federal cost share for all work eligible for assistance under Public Assistance Category B, pursuant to sections 403 (42 U.S.C. 5170b), 502 (42 U.S.C. 5192), and 503 (42 U.S.C. 5193) of the Stafford Act... performed from January 21, 2021, through September 30, 2021. (b) FEMA shall provide a 100 percent Federal cost share for all work eligible for assistance under Public Assistance Category B... performed from January 20, 2020, through January 20, 2021.

Enforcement: Funding directive

Citation: President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator), Memorandum of February 2, 2021 (Feb. 2, 2021) (Ex. FED-008) Open the exhibit

Ex. FED-010

Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus

Determination that a Public Health Emergency Exists

Alex M. Azar II, Secretary of Health and Human Services, United States (Federal)

Dates: In force from Jan. 27, 2020 to May 11, 2023 (issued Jan. 31, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate for the CDC orders (each states it runs until the PHE ends), the § 1135 waivers, the CMS interim final rules and the OSHA ETS findings
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

As a result of confirmed cases of 2019 Novel Coronavirus (2019-nCoV), on this date and after consultation with public health officials as necessary, I, Alex M. Azar II, Secretary of Health and Human Services, pursuant to the authority vested in me under section 319 of the Public Health Service Act, do hereby determine that a public health emergency exists and has existed since January 27, 2020, nationwide.

Enforcement: Predicate; the enabled instruments carry their own enforcement

Citation: Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010) Open the exhibit

Ex. FED-200

Proclamation 9984

Suspension of Entry as Immigrants and Nonimmigrants of Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus and Other Appropriate Measures To Address This Risk, 85 Fed. Reg. 6709 (Feb. 5, 2020)

President Donald J. Trump, United States (Federal)

Dates: In force from Feb. 2, 2020 to Nov. 8, 2021 (issued Jan. 31, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Travel and quarantine
Functions reached: TV inbound travel from China (business visitors, buyers, engineers); SC supplier engineering and quality visits; MK inbound trade-show attendance; CB foreign customer base
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Section 1. Suspension and Limitation on Entry. The entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the People's Republic of China, excluding the Special Administrative Regions of Hong Kong and Macau, during the 14-day period preceding their entry or attempted entry into the United States is hereby suspended and limited subject to section 2 of this proclamation.... Sec. 6. Effective Date. This proclamation is effective at 5:00 p.m. eastern standard time on February 2, 2020.

Enforcement: Sec. 3: implemented by the Secretaries of State and Homeland Security; an alien who circumvents the proclamation is a priority for removal (sec. 3(c)); carriers barred from boarding covered aliens under DHS implementing measures

Citation: President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200) Open the exhibit

Ex. FED-180

Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020)

Declaration Under the Public Readiness and Emergency Preparedness Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020)

Secretary of Health and Human Services, United States (Federal)

Dates: In force from Feb. 4, 2020 to Oct. 1, 2024 (issued Mar. 10, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declarationHealth care orders
Functions reached: context: the federal legal framework under which pharmacies, employers' clinics, and later dental and other practitioners administered tests and vaccines
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

The Public Readiness and Emergency Preparedness Act (PREP Act) authorizes the Secretary of Health and Human Services (the Secretary) to issue a Declaration to provide liability immunity to certain individuals and entities (Covered Persons) against any claim of loss caused by, arising out of, relating to, or resulting from the manufacture, distribution, administration, or use of medical countermeasures (Covered Countermeasures), except for claims involving 'willful misconduct' as defined in the PREP Act.... DATES: The Declaration was effective as of February 4, 2020.

Enforcement: Liability immunity; amended nine times through 2021 (85 Fed. Reg. 21012; 35100; 52136; 79190; 86 Fed. Reg. 7872; 9516; 14462; 41977; 51160)

Citation: Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180) Open the exhibit

Ex. FED-181

Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV

Determination of Public Health Emergency, 85 Fed. Reg. 7316 (Feb. 7, 2020)

Secretary of Health and Human Services, United States (Federal)

Dates: In force from Feb. 4, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declarationHealth care orders
Functions reached: context: the earliest federal emergency determination (Feb. 4, 2020); the legal basis of every COVID-19 test EUA
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

On February 4, 2020, the Secretary determined pursuant to his authority under section 564 of the FD&C Act that there is a public health emergency that has a significant potential to affect national security or the health and security of United States citizens living abroad and that involves a novel (new) coronavirus (nCoV) first detected in Wuhan City, Hubei Province, China in 2019 (2019-nCoV). On the basis of this determination, he also declared that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for detection and/or diagnosis of this novel coronavirus (2019-nCoV) pursuant to section 564 of the FD&C Act

Enforcement: Framework for FDA emergency use authorizations

Citation: Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181) Open the exhibit

Ex. FED-001

Proclamation 9994

Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak, 85 Fed. Reg. 15337 (Mar. 18, 2020)

President Donald J. Trump, United States (Federal)

Dates: In force from Mar. 1, 2020 to Apr. 10, 2023 (issued Mar. 13, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate for every federal health-care instrument (FED-090 to FED-099, FED-160)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

do hereby find and proclaim that the COVID-19 outbreak in the United States constitutes a national emergency, beginning March 1, 2020. Pursuant to this declaration, I direct as follows: Section 1. Emergency Authority. The Secretary of HHS may exercise the authority under section 1135 of the SSA to temporarily waive or modify certain requirements of the Medicare, Medicaid, and State Children's Health Insurance programs and of the Health Insurance Portability and Accountability Act Privacy Rule throughout the duration of the public health emergency declared in response to the COVID-19 outbreak.

Enforcement: Predicate only; operates through the instruments it enables (§ 1135 waivers; CMS interim final rules; Stafford Act assistance)

Citation: President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001) Open the exhibit

Ex. FED-160

COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021)

COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers

Centers for Medicare & Medicaid Services, HHS, United States (Medicare, Medicaid and CHIP providers) (Federal)

Dates: In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 13, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersOther
Functions reached: TM telehealth (physician practices, behavioral health); IP surge capacity and 'hospitals without walls' (hospitals); HC/SN home health assessments and supervision (home care); OF credentialing and administration (HR); CB payers
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

CMS is empowered to take proactive steps through 1135 waivers as well as, where applicable, authority granted under section 1812(f) of the Social Security Act (the Act) and rapidly expand the Administration's aggressive efforts against COVID-19. As a result, the following blanket waivers are in effect, with a retroactive effective date of March 1, 2020 through the end of the emergency declaration.... Home Health Agencies (HHAs): Initial Assessments. CMS is waiving the requirements at 42 CFR § 484.55(a) to allow HHAs to perform Medicare-covered initial assessments and determine patients' homebound status remotely or by record review. Waive Onsite Visits for HHA Aide Supervision. CMS is waiving the requirements at 42 CFR § 484.80(h), which require a nurse to conduct an onsite visit every two weeks.

Enforcement: Modifies otherwise mandatory conditions of participation; survey and certification

Citation: Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160) Open the exhibit

Ex. FED-182

Emergency Use Declaration: personal respiratory protective devices

Emergency Use Declaration, 85 Fed. Reg. 13907 (Mar. 10, 2020)

Secretary of Health and Human Services, United States (Federal)

Dates: In force from Mar. 2, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declarationSupply chain
Functions reached: context for SC (respirator supply) in every health care and industrial sector
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

On the basis of this determination, he also declared that circumstances exist justifying the authorization of emergency use of personal respiratory protective devices during the COVID-19 outbreak, pursuant to section 564 of the FD&C Act, subject to the terms of any authorization issued under that section. DATES: The determination was effective February 4, 2020, and this declaration is effective March 2, 2020.

Enforcement: Framework for the NIOSH-respirator, imported-respirator and decontamination EUAs

Citation: Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182) Open the exhibit

Ex. FED-201

Proclamation 9992

Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus (Islamic Republic of Iran), 85 Fed. Reg. 12855 (Mar. 4, 2020)

President Donald J. Trump, United States (Federal)

Dates: In force from Mar. 2, 2020 to Nov. 8, 2021 (issued Feb. 29, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Travel and quarantine
Functions reached: TV inbound travel; CB foreign customer base
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Section 1. Suspension and Limitation on Entry. The entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the Islamic Republic of Iran during the 14-day period preceding their entry or attempted entry into the United States is hereby suspended and limited subject to section 2 of this proclamation.... Sec. 6. Effective Date. This proclamation is effective at 5:00 p.m. eastern standard time on March 2, 2020.

Enforcement: Sec. 3 implementation by State and DHS; removal priority for circumvention

Citation: President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201) Open the exhibit

Ex. FED-096

CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020)

QSO-20-13-Hospitals

CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, United States (Medicare-participating hospitals) (Federal)

Dates: In force from Mar. 4, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care orders
Functions reached: ED intake and screening; VS visitation; IC infection control; IP placement and discharge
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Hospital Guidance and Actions - CMS regulations and guidance support hospitals taking appropriate action to address potential and confirmed COVID cases and mitigate transmission including screening, discharge and transfers from the hospital, and visitation.... Hospitals should identify visitors and patients at risk for having COVID-19 infection before or immediately upon arrival to the healthcare facility.

Enforcement: Hospital CoP survey and enforcement (42 C.F.R. § 482.42)

Citation: CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096) Open the exhibit

Ex. FED-098

QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs)

QSO-20-18-HHA

CMS, Quality, Safety & Oversight Group, United States (Medicare and Medicaid home health agencies) (Federal)

Dates: In force from Mar. 10, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care orders
Functions reached: HC in-home visits (pre-visit screening); IC infection control; HR/WF staff monitoring
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

This memorandum responds to questions we have received and provides important guidance for all Medicare and Medicaid participating Home Health Agencies (HHAs) in addressing the COVID-19 outbreak and minimizing transmission to other individuals.... HHAs should be monitoring the health status of everyone (patients/residents/visitors/staff/etc.) in the homecare setting for signs or symptoms of COVID-19.... When making a home visit, HHAs should identify patients at risk for having COVID-19 infection before or immediately upon arrival to the home.

Enforcement: HHA CoP survey and certification (42 C.F.R. § 484.70)

Citation: CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098) Open the exhibit

Ex. FED-006

Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per State and territory, all dated March 13, 2020)

Letter from President Donald J. Trump on Emergency Determination under the Stafford Act

President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator), United States (every State, Tribe, territory and the District of Columbia) (Federal)

Dates: In force from Mar. 13, 2020 to May 11, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate for every State's FEMA Public Assistance Category B measures (the funding behind State and local emergency operations)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Therefore, as an initial step, I hereby determine, under section 501(b) of the Stafford Act, that an emergency exists nationwide. In accordance with this determination, the Federal Emergency Management Agency may provide, as appropriate, assistance pursuant to section 502 and 503 of the Stafford Act for emergency protective measures not authorized under other Federal statutes.

Enforcement: Predicate and funding instrument

Citation: President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator), Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per State and territory, all dated March 13, 2020) (Mar. 13, 2020) (Ex. FED-006) Open the exhibit

Ex. FED-311

Standing Order 2020-04

In re: COVID-19 Pandemic Procedures

Chief Judge James K. Bredar, United States District Court for the District of Maryland (Court)

Dates: In force from Mar. 16, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Courts and public offices
Functions reached: CT
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

WHEREAS, normal court operations and procedures may necessarily need to be amended or suspended on a temporary basis given the exigent circumstances created by the COVID-19 event, the Court finds it necessary to establish a miscellaneous case, In re COVID-19 [Pandemic Procedures, in which all COVID-19 orders are docketed]... ORDERED that these temporary orders shall be rescinded by order of the Chief Judge when circumstances warrant.

Enforcement: court order

Citation: Chief Judge James K. Bredar, Standing Order 2020-04 (Mar. 16, 2020) (Ex. FED-311) Open the exhibit

Ex. FED-194

Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency

Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency, 85 Fed. Reg. 22024 (Apr. 21, 2020)

HHS Office for Civil Rights, United States (HIPAA covered health care providers) (Federal)

Dates: In force from Mar. 17, 2020 to May 11, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersOther
Functions reached: TM telehealth (physician practices, behavioral health, dental consultations ('dental consultation or psychological evaluation' named in the notice)); CL clinical intake moved remote; OF
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

As a matter of enforcement discretion, the HHS Office for Civil Rights (OCR) will not impose penalties for noncompliance with the regulatory requirements under the HIPAA rules against covered health care providers in connection with the good faith provision of telehealth during the COVID-19 nationwide public health emergency.... A covered health care provider that wants to use audio or video communication technology to provide telehealth to patients during the COVID-19 nationwide public health emergency can use any non-public facing remote communication product that is available to communicate with patients.... This exercise of discretion applies to telehealth provided for any reason, regardless of whether the telehealth service is related to the diagnosis and treatment of health conditions related to COVID-19.

Enforcement: Non-enforcement of HIPAA penalties for good-faith telehealth

Citation: HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194) Open the exhibit

Ex. FED-070

Executive Order 13909

Prioritizing and Allocating Health and Medical Resources to Respond to the Spread of COVID-19, 85 Fed. Reg. 16227 (Mar. 23, 2020)

President Donald J. Trump, United States (all health and medical resources needed to respond to COVID-19) (Federal)

Dates: In force from Mar. 18, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Supply chain
Functions reached: SC supply of PPE, respirators, ventilators and testing supplies to every industry (dental, physician practices, hospitals, home care, manufacturing, construction, personal services); DS distribution of medical products (wholesale-distribution); PF production floors of medical manufacturers under rated orders
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Accordingly, I find that health and medical resources needed to respond to the spread of COVID-19, including personal protective equipment and ventilators, meet the criteria specified in section 101(b) of the Act (50 U.S.C. 4511(b)).... Sec. 2. Priorities and Allocation of Medical Resources. (a)... the authority of the President conferred by section 101 of the Act to require performance of contracts or orders (other than contracts of employment) to promote the national defense over performance of any other contracts or orders, to allocate materials, services, and facilities as deemed necessary or appropriate to promote the national defense... is delegated to the Secretary of Health and Human Services with respect to all health and medical resources needed to respond to the spread of COVID-19 within the United States. (b) The Secretary of Health and Human Services may use the authority…

Enforcement: DPA § 101 priority ratings and allocation orders; DPA § 103 (50 U.S.C. § 4513) criminal penalties for willful violation

Citation: President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070) Open the exhibit

Ex. FED-292

Order of March 19, 2020, 589 U.S. (Order List)

Order extending the deadline to file petitions for writs of certiorari to 150 days and relaxing extension and distribution rules in light of COVID-19

Supreme Court of the United States, Supreme Court of the United States (Court)

Dates: In force from Mar. 19, 2020 to July 19, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Courts and public offices
Functions reached: CT federal litigation timetables lengthened nationwide; CS law firms, appellate practice
Grade: Primary source read
Days in this quarter: 19 (in force on the first day)

In light of the ongoing public health concerns relating to COVID-19, the following shall apply to cases prior to a ruling on a petition for a writ of certiorari: IT IS ORDERED that the deadline to file any petition for a writ of certiorari due on or after the date of this order is extended to 150 days from the date of the lower court judgment, order denying discretionary review, or order denying a timely petition for rehearing.... These modifications will remain in effect until further order of the Court.

Enforcement: order of the Court

Citation: Supreme Court of the United States, Order of March 19, 2020, 589 U.S. (Order List) (Mar. 19, 2020) (Ex. FED-292) Open the exhibit

Ex. FED-034

CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order')

Notice of Order Under Sections 362 and 365 of the Public Health Service Act Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists, 85 Fed. Reg. 17060 (Mar. 26, 2020)

Centers for Disease Control and Prevention, HHS (CDC Director), United States land borders with Canada and Mexico (ports of entry and Border Patrol stations) (Federal)

Dates: In force from Mar. 20, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Travel and quarantine
Functions reached: TR/TRAV cross-border movement of persons at the land borders (with the DHS land-border notices, FED-B); WF border-region labor markets; CB border-community commerce
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

For simplicity, I shall refer to the persons covered by this order as 'covered aliens.' I suspend the introduction of all covered aliens into the United States for a period of 30 days, starting from the date of this order. I may extend this order if necessary to protect the public health.

Enforcement: 42 U.S.C. § 271; implemented by DHS/CBP expulsions

Citation: Centers for Disease Control and Prevention, HHS (CDC Director), CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order') (Mar. 20, 2020) (Ex. FED-034) Open the exhibit

Ex. FED-132

FEMA-4480-DR, Major Disaster Declaration for New York (COVID-19 Pandemic)

New York; Major Disaster and Related Determinations, 85 Fed. Reg. 20702 (Apr. 14, 2020)

President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), United States (New York) (Federal)

Dates: In force from Mar. 20, 2020 to May 11, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

I have determined that the emergency conditions in [New York] resulting from the Coronavirus Disease 2019 (COVID-19) pandemic beginning on January 20, 2020, and continuing, are of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the 'Stafford Act'). Therefore, I declare that such a major disaster exists in [New York].... You are authorized to provide assistance for emergency protective measures (Category B), including direct Federal assistance, under the Public Assistance program [statewide]. (Standard text of the COVID-19 major disaster letters as published by FEMA; the State name and any Individual Assistance or Hazard Mitigation authorizations vary; quote from the exhibit.)

Enforcement: Predicate and funding instrument; Public Assistance Category B at 75 percent, raised to 100 percent federal share for work from January 20, 2020 (FED-007 to FED-009, FED-151)

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4480-DR, Major Disaster Declaration for New York (COVID-19 Pandemic) (Mar. 20, 2020) (Ex. FED-132) Open the exhibit

Ex. FED-104

FEMA-4482-DR, Major Disaster Declaration for California (COVID-19 Pandemic)

California; Major Disaster and Related Determinations, 85 Fed. Reg. 20703 (Apr. 14, 2020)

President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), United States (California) (Federal)

Dates: In force from Mar. 22, 2020 to May 11, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

I have determined that the emergency conditions in [California] resulting from the Coronavirus Disease 2019 (COVID-19) pandemic beginning on January 20, 2020, and continuing, are of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the 'Stafford Act'). Therefore, I declare that such a major disaster exists in [California].... You are authorized to provide assistance for emergency protective measures (Category B), including direct Federal assistance, under the Public Assistance program [statewide]. (Standard text of the COVID-19 major disaster letters as published by FEMA; the State name and any Individual Assistance or Hazard Mitigation authorizations vary; quote from the exhibit.)

Enforcement: Predicate and funding instrument; Public Assistance Category B at 75 percent, raised to 100 percent federal share for work from January 20, 2020 (FED-007 to FED-009, FED-151)

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4482-DR, Major Disaster Declaration for California (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-104) Open the exhibit

Ex. FED-147

FEMA-4481-DR, Major Disaster Declaration for Washington (COVID-19 Pandemic)

Washington; Major Disaster and Related Determinations, 85 Fed. Reg. 20704 (Apr. 14, 2020)

President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), United States (Washington) (Federal)

Dates: In force from Mar. 22, 2020 to May 11, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

I have determined that the emergency conditions in [Washington] resulting from the Coronavirus Disease 2019 (COVID-19) pandemic beginning on January 20, 2020, and continuing, are of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the 'Stafford Act'). Therefore, I declare that such a major disaster exists in [Washington].... You are authorized to provide assistance for emergency protective measures (Category B), including direct Federal assistance, under the Public Assistance program [statewide]. (Standard text of the COVID-19 major disaster letters as published by FEMA; the State name and any Individual Assistance or Hazard Mitigation authorizations vary; quote from the exhibit.)

Enforcement: Predicate and funding instrument; Public Assistance Category B at 75 percent, raised to 100 percent federal share for work from January 20, 2020 (FED-007 to FED-009, FED-151)

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4481-DR, Major Disaster Declaration for Washington (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-147) Open the exhibit

Ex. FED-071

Executive Order 13910

Preventing Hoarding of Health and Medical Resources To Respond to the Spread of COVID-19, 85 Fed. Reg. 17001 (Mar. 26, 2020)

President Donald J. Trump, United States (Federal)

Dates: In force from Mar. 23, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Supply chain
Functions reached: SC PPE procurement and inventory of every employer; RT retail of designated materials; DS wholesale distribution
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Sec. 2. Delegation of Authority to Prevent Hoarding. (a) The Secretary is delegated the following: (i) the authority of the President conferred by section 102 of the Act to prevent hoarding of health and medical resources necessary to respond to the spread of COVID-19 within the United States, including the authority to prescribe conditions with respect to the accumulation of such resources, and to designate any material as a scarce material, or as a material the supply of which would be threatened by persons accumulating the material either in excess of reasonable demands of business, personal, or home consumption, or for the purpose of resale at prices in excess of prevailing market prices

Enforcement: DPA § 103 criminal penalties (50 U.S.C. § 4513); Department of Justice COVID-19 Hoarding and Price Gouging Task Force

Citation: President Donald J. Trump, Executive Order 13910 (Mar. 23, 2020) (Ex. FED-071) Open the exhibit

Ex. FED-099

CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)

QSO-20-20-ALL, Prioritization of Survey Activities

CMS, Quality, Safety & Oversight Group, United States (all Medicare/Medicaid certified providers and suppliers; CLIA laboratories) (Federal)

Dates: In force from Mar. 23, 2020 to May 1, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersCourts and public offices
Functions reached: CT/HR licensure, certification and survey functions of every certified provider (initial certifications, changes of ownership and revisits delayed); IC (focused infection control surveys imposed)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

On Friday, March 13, 2020, the President declared a national emergency, which triggers the Secretary's ability to authorize waivers or modifications of certain requirements pursuant to section 1135 of the Social Security Act (the Act). [CMS suspends standard surveys and prioritizes survey activity to immediate jeopardy complaints, infection control surveys and other listed categories for a three-week period, then as extended.]

Enforcement: Governs State Survey Agency operations (federal survey and certification)

Citation: CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-099) Open the exhibit

Ex. FED-115

FEMA-4483-DR, Major Disaster Declaration for Iowa (COVID-19 Pandemic)

Iowa; Major Disaster and Related Determinations, 85 Fed. Reg. 20704 (Apr. 14, 2020)

President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), United States (Iowa) (Federal)

Dates: In force from Mar. 23, 2020 to May 11, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

I have determined that the emergency conditions in [Iowa] resulting from the Coronavirus Disease 2019 (COVID-19) pandemic beginning on January 20, 2020, and continuing, are of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the 'Stafford Act'). Therefore, I declare that such a major disaster exists in [Iowa].... You are authorized to provide assistance for emergency protective measures (Category B), including direct Federal assistance, under the Public Assistance program [statewide]. (Standard text of the COVID-19 major disaster letters as published by FEMA; the State name and any Individual Assistance or Hazard Mitigation authorizations vary; quote from the exhibit.)

Enforcement: Predicate and funding instrument; Public Assistance Category B at 75 percent, raised to 100 percent federal share for work from January 20, 2020 (FED-007 to FED-009, FED-151)

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4483-DR, Major Disaster Declaration for Iowa (COVID-19 Pandemic) (Mar. 23, 2020) (Ex. FED-115) Open the exhibit

Ex. FED-118

FEMA-4484-DR, Major Disaster Declaration for Louisiana (COVID-19 Pandemic)

Louisiana; Major Disaster and Related Determinations, 85 Fed. Reg. 20701 (Apr. 14, 2020)

President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), United States (Louisiana) (Federal)

Dates: In force from Mar. 24, 2020 to May 11, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

I have determined that the emergency conditions in [Louisiana] resulting from the Coronavirus Disease 2019 (COVID-19) pandemic beginning on January 20, 2020, and continuing, are of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the 'Stafford Act'). Therefore, I declare that such a major disaster exists in [Louisiana].... You are authorized to provide assistance for emergency protective measures (Category B), including direct Federal assistance, under the Public Assistance program [statewide]. (Standard text of the COVID-19 major disaster letters as published by FEMA; the State name and any Individual Assistance or Hazard Mitigation authorizations vary; quote from the exhibit.)

Enforcement: Predicate and funding instrument; Public Assistance Category B at 75 percent, raised to 100 percent federal share for work from January 20, 2020 (FED-007 to FED-009, FED-151)

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4484-DR, Major Disaster Declaration for Louisiana (COVID-19 Pandemic) (Mar. 24, 2020) (Ex. FED-118) Open the exhibit

Ex. FED-183

Emergency Use Authorization Declaration: medical devices, including alternative products used as medical devices

Emergency Use Authorization Declaration, 85 Fed. Reg. 17335 (Mar. 27, 2020)

Secretary of Health and Human Services, United States (Federal)

Dates: In force from Mar. 24, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declarationSupply chain
Functions reached: context for SC (ventilators, face shields, gowns, decontamination)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

The Office of the Assistant Secretary for Preparedness and Response, HHS, requested that the FDA, HHS, issue an EUA for certain medical devices to allow the Department to take response measures based on information currently available about the virus that causes COVID-19. The determination of a public health emergency, and the declaration that circumstances exist justifying emergency use of certain medical devices by the Secretary of HHS, as described below, enable the FDA Commissioner to issue an EUA for these devices for emergency use under section 564 of the FD&C Act.

Enforcement: Framework

Citation: Secretary of Health and Human Services, Emergency Use Authorization Declaration: medical devices, including alternative products used as medical devices (Mar. 24, 2020) (Ex. FED-183) Open the exhibit

Ex. FED-074

Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures

Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures, 85 Fed. Reg. 17592 (Mar. 30, 2020)

Secretary of Health and Human Services, United States (Federal)

Dates: In force from Mar. 25, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Supply chain
Functions reached: SC PPE for every industry (dental CH/ST/SC; physician SC; hospitals SC; home care SC; personal services SL; construction JS; manufacturing PF)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

The following materials are designated pursuant to section 102 of the Defense Production Act (50 U.S.C. 4512) and Executive Order 13910 of March 23, 2020 (Preventing Hoarding of Health and Medical Resources to Respond to the Spread of COVID-19) as scarce materials or threatened materials: 1. N-95 Filtering Facepiece Respirators, including devices that are disposable half-face-piece nonpowered air-purifying particulate respirators intended for use to cover the nose and mouth of the wearer to help reduce wearer exposure to pathogenic biological airborne particulates 2. Other Filtering Facepiece Respirators (e.g., those designated as N99, N100, R95, R99, R100, or P95, P99, P100)... [and] elastomeric respirators, PAPRs, surgical masks, gloves, face shields, gowns, ventilators, sterilization services, disinfecting devices, medical gowns, sanitizing and disinfecting products

Enforcement: DPA § 103 criminal penalties; DOJ hoarding prosecutions

Citation: Secretary of Health and Human Services, Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures (Mar. 25, 2020) (Ex. FED-074) Open the exhibit

Ex. FED-109

FEMA-4486-DR, Major Disaster Declaration for Florida (COVID-19 Pandemic)

Florida; Major Disaster and Related Determinations, 85 Fed. Reg. 20700 (Apr. 14, 2020)

President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), United States (Florida) (Federal)

Dates: In force from Mar. 25, 2020 to May 11, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

I have determined that the emergency conditions in [Florida] resulting from the Coronavirus Disease 2019 (COVID-19) pandemic beginning on January 20, 2020, and continuing, are of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the 'Stafford Act'). Therefore, I declare that such a major disaster exists in [Florida].... You are authorized to provide assistance for emergency protective measures (Category B), including direct Federal assistance, under the Public Assistance program [statewide]. (Standard text of the COVID-19 major disaster letters as published by FEMA; the State name and any Individual Assistance or Hazard Mitigation authorizations vary; quote from the exhibit.)

Enforcement: Predicate and funding instrument; Public Assistance Category B at 75 percent, raised to 100 percent federal share for work from January 20, 2020 (FED-007 to FED-009, FED-151)

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4486-DR, Major Disaster Declaration for Florida (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-109) Open the exhibit

Ex. FED-130

FEMA-4488-DR, Major Disaster Declaration for New Jersey (COVID-19 Pandemic)

New Jersey; Major Disaster and Related Determinations, 85 Fed. Reg. 20700 (Apr. 14, 2020)

President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), United States (New Jersey) (Federal)

Dates: In force from Mar. 25, 2020 to May 11, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

I have determined that the emergency conditions in [New Jersey] resulting from the Coronavirus Disease 2019 (COVID-19) pandemic beginning on January 20, 2020, and continuing, are of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the 'Stafford Act'). Therefore, I declare that such a major disaster exists in [New Jersey].... You are authorized to provide assistance for emergency protective measures (Category B), including direct Federal assistance, under the Public Assistance program [statewide]. (Standard text of the COVID-19 major disaster letters as published by FEMA; the State name and any Individual Assistance or Hazard Mitigation authorizations vary; quote from the exhibit.)

Enforcement: Predicate and funding instrument; Public Assistance Category B at 75 percent, raised to 100 percent federal share for work from January 20, 2020 (FED-007 to FED-009, FED-151)

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4488-DR, Major Disaster Declaration for New Jersey (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-130) Open the exhibit

Ex. FED-133

FEMA-4487-DR, Major Disaster Declaration for North Carolina (COVID-19 Pandemic)

North Carolina; Major Disaster and Related Determinations, 85 Fed. Reg. 20701 (Apr. 14, 2020)

President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), United States (North Carolina) (Federal)

Dates: In force from Mar. 25, 2020 to May 11, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

I have determined that the emergency conditions in [North Carolina] resulting from the Coronavirus Disease 2019 (COVID-19) pandemic beginning on January 20, 2020, and continuing, are of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the 'Stafford Act'). Therefore, I declare that such a major disaster exists in [North Carolina].... You are authorized to provide assistance for emergency protective measures (Category B), including direct Federal assistance, under the Public Assistance program [statewide]. (Standard text of the COVID-19 major disaster letters as published by FEMA; the State name and any Individual Assistance or Hazard Mitigation authorizations vary; quote from the exhibit.)

Enforcement: Predicate and funding instrument; Public Assistance Category B at 75 percent, raised to 100 percent federal share for work from January 20, 2020 (FED-007 to FED-009, FED-151)

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4487-DR, Major Disaster Declaration for North Carolina (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-133) Open the exhibit

Ex. FED-143

FEMA-4485-DR, Major Disaster Declaration for Texas (COVID-19 Pandemic)

Texas; Major Disaster and Related Determinations, 85 Fed. Reg. 20699 (Apr. 14, 2020)

President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), United States (Texas) (Federal)

Dates: In force from Mar. 25, 2020 to May 11, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

I have determined that the emergency conditions in [Texas] resulting from the Coronavirus Disease 2019 (COVID-19) pandemic beginning on January 20, 2020, and continuing, are of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the 'Stafford Act'). Therefore, I declare that such a major disaster exists in [Texas].... You are authorized to provide assistance for emergency protective measures (Category B), including direct Federal assistance, under the Public Assistance program [statewide]. (Standard text of the COVID-19 major disaster letters as published by FEMA; the State name and any Individual Assistance or Hazard Mitigation authorizations vary; quote from the exhibit.)

Enforcement: Predicate and funding instrument; Public Assistance Category B at 75 percent, raised to 100 percent federal share for work from January 20, 2020 (FED-007 to FED-009, FED-151)

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4485-DR, Major Disaster Declaration for Texas (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-143) Open the exhibit

Ex. FED-113

FEMA-4489-DR, Major Disaster Declaration for Illinois (COVID-19 Pandemic)

Illinois; Major Disaster and Related Determinations, 85 Fed. Reg. 20703 (Apr. 14, 2020)

President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), United States (Illinois) (Federal)

Dates: In force from Mar. 26, 2020 to May 11, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

I have determined that the emergency conditions in [Illinois] resulting from the Coronavirus Disease 2019 (COVID-19) pandemic beginning on January 20, 2020, and continuing, are of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the 'Stafford Act'). Therefore, I declare that such a major disaster exists in [Illinois].... You are authorized to provide assistance for emergency protective measures (Category B), including direct Federal assistance, under the Public Assistance program [statewide]. (Standard text of the COVID-19 major disaster letters as published by FEMA; the State name and any Individual Assistance or Hazard Mitigation authorizations vary; quote from the exhibit.)

Enforcement: Predicate and funding instrument; Public Assistance Category B at 75 percent, raised to 100 percent federal share for work from January 20, 2020 (FED-007 to FED-009, FED-151)

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4489-DR, Major Disaster Declaration for Illinois (COVID-19 Pandemic) (Mar. 26, 2020) (Ex. FED-113) Open the exhibit

127 further federal instruments were in force in this quarter and are listed in the Library's federal layer at covidproject.com/federal; this report shows the 40 most relevant to this selection.

State of Pennsylvania

Ex. PA-095

Department of State summary: Temporary Waiver of Rule for Funeral Home Directors During Coronavirus Emergency

Regulation Waiver - Funeral Directors Summary (Mar. 30, 2020)

Department of State, BPOA / State Board of Funeral Directors (suspension granted by Governor Wolf), Pennsylvania (Sector regulator)

Dates: In force from Mar. 30, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Gathering capOther
Functions reached: FH funeral services under gathering limits; CB
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Temporary Waiver of Rule for Funeral Home Directors During Coronavirus Emergency. Summary: Federal guidelines advise social distancing that includes restricting public gatherings, including funerals, to no more than 10 people due to the coronavirus outbreak. This is making it difficult for funeral directors to accommodate a grieving family's needs while still meeting federal and state guidance regarding social distancing.

Enforcement: State Board of Funeral Directors

Citation: Department of State, BPOA / State Board of Funeral Directors (suspension granted by Governor Wolf), Department of State summary: Temporary Waiver of Rule for Funeral Home Directors During Coronavirus Emergency (Mar. 30, 2020) (Ex. PA-095) Open the exhibit

Ex. PA-091

Department of State summary: Pennsylvania Authorizes Licensed Health Care Professionals to Provide Services via Telemedicine During Coronavirus Emergency

Telemedicine Summary (Mar. 18, 2020)

Department of State, Bureau of Professional and Occupational Affairs (suspension granted by Governor Wolf under 35 Pa.C.S. § 7301(f)), Pennsylvania (Sector regulator)

Dates: In force from Mar. 18, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersOther
Functions reached: TM telehealth; CL clinical intake converted to remote; HR out-of-State practitioner licensure
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Pennsylvania Authorizes Licensed Health Care Professionals to Provide Services via Telemedicine During Coronavirus Emergency... [the Governor granted the Department of State's request to allow practitioners] licensed under any of the Department of State's Bureau of Professional and Occupational Affairs (BPOA) licensing boards to provide services to patients via telemedicine during the coronavirus emergency.... Currently no Pennsylvania statute authorizes or prohibits the practice of telemedicine.

Enforcement: Licensing boards

Citation: Department of State, Bureau of Professional and Occupational Affairs (suspension granted by Governor Wolf under 35 Pa.C.S. § 7301(f)), Department of State summary: Pennsylvania Authorizes Licensed Health Care Professionals to Provide Services via Telemedicine During Coronavirus Emergency (Mar. 18, 2020) (Ex. PA-091) Open the exhibit

Ex. PA-092

Department of State summary: Pennsylvania Waives Some Nurse Licensing Requirements During Coronavirus Emergency (nursing omnibus requirement waiver)

Nursing Omnibus Requirement Waiver (Mar. 20, 2020)

Department of State, BPOA / State Board of Nursing (suspension granted by Governor Wolf), Pennsylvania (Sector regulator)

Dates: In force from Mar. 20, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersOther
Functions reached: HR credentialing and staffing of hospitals, nursing facilities, home care and practices
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

In order to increase the number of health care practitioners available to respond to the COVID-19 emergency and to ensure continuity of patient care and services, Governor Wolf has granted the Department of State's request to suspend some nursing licensing and regulatory requirements under the State Board of Nursing.... To allow nurses with temporary practice permits and nursing school graduates with graduate permits to continue practicing during the COVID-19 pandemic disaster emergency, the Department requested suspension of certain requirements to allow all temporary permits to be extended and all fees associated with said extensions waived: Requirements which restrict temporary practice permits and graduate permits to a term of one year is suspended.

Enforcement: State Board of Nursing

Citation: Department of State, BPOA / State Board of Nursing (suspension granted by Governor Wolf), Department of State summary: Pennsylvania Waives Some Nurse Licensing Requirements During Coronavirus Emergency (nursing omnibus requirement waiver) (Mar. 20, 2020) (Ex. PA-092) Open the exhibit

Ex. PA-094

Department of State summary: Pennsylvania Waives Certain Requirements for Cosmetologists and Barbers During COVID-19 Emergency

Regulation Waiver - Barbers and Cosmetologists (Mar. 26, 2020)

Department of State, BPOA / State Board of Cosmetology and State Board of Barber Examiners (suspension granted by Governor Wolf), Pennsylvania (Sector regulator)

Dates: In force from Mar. 26, 2020 to Sept. 15, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesOther
Functions reached: SL salons and barbershops (closed Mar. 19 - green phase; the board's own recital that licensees' places of employment were closed); HR licensing renewals and permits
Grade: Primary source read
Days in this quarter: 77 (in force on the first day)

Pennsylvania Waives Certain Requirements for Cosmetologists and Barbers During COVID-19 Emergency. A number of practical ramifications have arisen as a result of the COVID-19 emergency that may make it difficult for licensees and other parties to transact business with the Bureau of Professional and Occupational Affairs (BPOA). Paying licensing fees may become challenging for someone whose place of employment is closed or who has been laid off and has no alternate sources of income. Many people may be unable to leave their residences because of a 'shelter-in place' order from the government, self-isolation/quarantine, or simply because they do not feel it is safe.

Enforcement: State Board of Cosmetology; State Board of Barber Examiners

Citation: Department of State, BPOA / State Board of Cosmetology and State Board of Barber Examiners (suspension granted by Governor Wolf), Department of State summary: Pennsylvania Waives Certain Requirements for Cosmetologists and Barbers During COVID-19 Emergency (Mar. 26, 2020) (Ex. PA-094) Open the exhibit

Ex. PA-097

Department of State summary: Pennsylvania Gives Dentists and Dental Hygienists Alternatives to Live-Patient Clinical Licensing Exam During COVID-19 Emergency

Summary - Dentist and Dental Hygienist Waivers (Apr. 24, 2020)

Department of State, BPOA / State Board of Dentistry (suspension granted by Governor Wolf), Pennsylvania (Sector regulator)

Dates: In force from Apr. 24, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersOther
Functions reached: HR dental hiring and credentialing; CH chairside (context: live-patient contact suspended)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Pennsylvania Gives Dentists and Dental Hygienists Alternatives to Live-Patient Clinical Licensing Exam During COVID-19 Emergency. Summary: Dentistry is one of the only health-related professions that still requires a licensure examination involving a live patient.... Five regional testing agencies across the United States administer these clinical examinations. [Live-patient examinations were suspended during the emergency; the Board accepted alternative examinations.]

Enforcement: State Board of Dentistry

Citation: Department of State, BPOA / State Board of Dentistry (suspension granted by Governor Wolf), Department of State summary: Pennsylvania Gives Dentists and Dental Hygienists Alternatives to Live-Patient Clinical Licensing Exam During COVID-19 Emergency (Apr. 24, 2020) (Ex. PA-097) Open the exhibit

Ex. PA-098

Department of State summary: Pennsylvania Extends Application Expiration Dates for Real Estate Appraisers

Waiver - Real Estate Appraisers (May 4, 2020)

Department of State, BPOA / State Board of Certified Real Estate Appraisers (suspension granted by Governor Wolf), Pennsylvania (Sector regulator)

Dates: In force from May 4, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Other
Functions reached: AP appraisals (workforce entry); HR
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

The appraiser certification examination is a proctored exam which is taken in-person. Due to the COVID-19 emergency, testing sites for the exam have been closed.

Enforcement: State Board of Certified Real Estate Appraisers

Citation: Department of State, BPOA / State Board of Certified Real Estate Appraisers (suspension granted by Governor Wolf), Department of State summary: Pennsylvania Extends Application Expiration Dates for Real Estate Appraisers (May 4, 2020) (Ex. PA-098) Open the exhibit

Ex. PA-025

Order of the Secretary of the Pennsylvania Department of Health Requiring Reduction of Elective Procedures in Regions with Low Acute Care Treatment Capacity

Secretary of Health Rachel Levine, M.D., Pennsylvania (State)

Dates: In force from Nov. 23, 2020 to Aug. 23, 2021
Quarters: 2020 Q42021 Q12021 Q22021 Q3
Limitations: Health care orders
Functions reached: SX surgery and elective procedures; CB patients of hospitals and referring practices; SC device and implant suppliers
Grade: Primary source read
Days in this quarter: 54 (in force on the first day)

Section 2: Rapid Reduction of Elective Procedures. A. Upon notice from the Department (Reduction Notice), an Acute Care Hospital located in a Region that has been determined by the Department to meet two (2) or more of the metrics under Subsection B shall reduce by fifty percent (50%) elective procedures that are scheduled to be performed at the Acute Care Hospital in the seven (7) days following the effective date of the Reduction Notice. B.... 1. Staffing Shortage - Thirty-three percent (33%) or more of hospitals in the Region anticipate staffing shortages within the next week. 2. COVID-19 Surge - A greater than fifty percent (50%) increase in the moving average of COVID-19 admissions in the Region has occurred in the last forty-eight (48) hours. 3. Inadequate Bed Availability - Less than ten percent (10%) of the total staffed medical/surgical beds in a Region are anticipated to be…

Enforcement: Secretary of Health order; hospital licensure

Citation: Secretary of Health Rachel Levine, M.D, Order of the Secretary of the Pennsylvania Department of Health Requiring Reduction of Elective Procedures in Regions with Low Acute Care Treatment Capacity (Nov. 23, 2020) (Ex. PA-025) Open the exhibit

Ex. PA-044

Amendment to the Order of the Secretary Requiring Hospitals to Make Daily Reports of Specified Data Regarding Supplies and Equipment (Corvena/TeleTracking fields; 'Number of employees unavailable for work')

Amendment to the Order of the Secretary Requiring Hospitals to Make Daily Reports of Specified Data Regarding Supplies and Equipment

Acting Secretary of Health Alison V. Beam, Pennsylvania (State)

Dates: In force from Jan. 27, 2021 to Aug. 13, 2021
Quarters: 2021 Q12021 Q22021 Q3
Limitations: Health care orders
Functions reached: OF; IC; HR (staff unavailability reporting)
Grade: Primary source read
Days in this quarter: 44 (in force on the first day)

And now on this day, January 27, 2020 [sic], I hereby amend the Order 'Requiring Hospitals to Make Daily Reports of Specified Data Regarding Supplies and Equipment'... as previously amended on July 10, 2020...

Enforcement: Hospital licensure; Disease Prevention and Control Law

Citation: Acting Secretary of Health Alison V. Beam, Amendment to the Order of the Secretary Requiring Hospitals to Make Daily Reports of Specified Data Regarding Supplies and Equipment (Corvena/TeleTracking fields; 'Number of employees unavailable for work') (Jan. 27, 2021) (Ex. PA-044) Open the exhibit

Ex. PA-029

Order of the Governor Directing Vaccine Providers' Administration of COVID-19 Vaccines

Order of the Governor of the Commonwealth of Pennsylvania Directing Vaccine Providers' Administration of COVID-19 Vaccines

Governor Tom Wolf (with parallel Order of the Acting Secretary of Health), Pennsylvania (State)

Dates: In force from Feb. 12, 2021 to May 7, 2021
Quarters: 2021 Q12021 Q22021 Q3
Limitations: Health care ordersWorkplace rules
Functions reached: FD front desk and scheduling of pharmacies and practices; OF reporting; HR staffing for vaccination clinics
Grade: Primary source read
Days in this quarter: 0

Section 2. Vaccine Providers Administration. A. Minimum administration requirement. 1. At a minimum, Vaccine Providers shall administer 80% of the Vaccine first-doses received within seven days of receipt of those doses.... Section 3. Vaccine Providers Appointments. A. Vaccine Providers shall have operational and shall provide on their publicly available website the following: 1. An online system to directly schedule appointments... 2. A phone number for prompt access to live representatives... Section 4. Reporting of Vaccine Data. Vaccine Providers receiving Vaccine shall report to the Department...

Enforcement: 35 Pa.C.S. § 7301(b); the Department's COVID-19 Provider Agreement; Secretary's parallel order under the Disease Prevention and Control Law

Citation: Governor Tom Wolf (with parallel Order of the Acting Secretary of Health), Order of the Governor Directing Vaccine Providers' Administration of COVID-19 Vaccines (Feb. 12, 2021) (Ex. PA-029) Open the exhibit

Ex. PA-046

PA-HAN-563, UPDATE: Interim Infection Prevention and Control Recommendations for Healthcare Settings during the COVID-19 Pandemic (replaces PA-HAN-524)

2021-PAHAN-563-04-09-UPD

Pennsylvania Department of Health (Acting Secretary Alison Beam), Health Alert Network, Pennsylvania (Sector regulator)

Dates: In force from Apr. 9, 2021 to Sept. 20, 2021
Quarters: 2021 Q22021 Q3
Limitations: Face-covering requirementHealth care ordersWorkplace rules
Functions reached: IC infection control; CL clinical intake screening; CH chairside and clinical care under source control; VS visitation; HR
Grade: Primary source read
Days in this quarter: 82 (in force on the first day)

This guidance... applies to all persons regardless of COVID-19 vaccination status, unless otherwise indicated.... Screen everyone (patients, HCP, visitors) entering the healthcare facility for symptoms consistent with COVID-19 or exposure to others with suspected or confirmed SARS-CoV-2 infection and ensure they are practicing source control.... Universal Source Control for HCP: HCP should wear well-fitting source control at all times while they are in the healthcare facility, including in breakrooms or other spaces where they might encounter co-workers.... Universal Eye Protection for HCP: HCP should wear eye protection during patient care encounters...

Enforcement: Department of Health survey and complaint jurisdiction over licensed facilities; incorporated by the Nov. 23, 2020 orders' reference to Department direction

Citation: Pennsylvania Department of Health (Acting Secretary Alison Beam), Health Alert Network, PA-HAN-563, UPDATE: Interim Infection Prevention and Control Recommendations for Healthcare Settings during the COVID-19 Pandemic (replaces PA-HAN-524) (Apr. 9, 2021) (Ex. PA-046) Open the exhibit

Ex. PA-034

Amendment to the Order of the Acting Secretary Directing Vaccine Providers' Administration of COVID-19 Vaccines

Amendment to the Order of the Acting Secretary of the Pennsylvania Department of Health Directing Vaccine Providers' Administration of COVID-19 Vaccines

Acting Secretary of Health Alison V. Beam, Pennsylvania (State)

Dates: In force from May 10, 2021 to Sept. 30, 2021 (issued May 7, 2021)
Quarters: 2021 Q22021 Q3
Limitations: Health care ordersWorkplace rules
Functions reached: FD; OF; HR
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Subsection (A) (relating to Minimum Administration Requirement) of Section 2 is rescinded... This Amended Order shall take effect at 12:01 a.m. on May 10, 2021 and shall remain in effect until further notice.

Enforcement: As PA-029

Citation: Acting Secretary of Health Alison V. Beam, Amendment to the Order of the Acting Secretary Directing Vaccine Providers' Administration of COVID-19 Vaccines (May 7, 2021) (Ex. PA-034) Open the exhibit

Ex. PA-038

Order Further Amending the Amended Order Requiring Skilled Nursing Care Facilities to Make Weekly Reports of Specified Data Regarding Supplies and Equipment

Order of the Acting Secretary of the Pennsylvania Department of Health Further Amending the Amended Order Requiring Skilled Nursing Care Facilities to Make Weekly Reports of Specified Data Regarding Supplies and Equipment

Acting Secretary of Health Alison V. Beam, Pennsylvania (State)

Dates: In force from May 30, 2021 to Sept. 30, 2021 (issued May 26, 2021)
Quarters: 2021 Q22021 Q3
Limitations: Health care orders
Functions reached: OF administration and reporting of nursing facilities; IC infection control data; RS residential care
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Effective immediately and extending until further order, all nursing care facilities licensed in this Commonwealth are instructed to complete the Nursing Care Facility Survey (Survey) in a manner proscribed by the Department. Facilities must complete the fields of the Survey indicated to be mandatory on a weekly basis.... maintaining minimum standards requires following any disease control measure ordered by the Secretary of Health under the authority afforded to her by law and regulation. The current Order is such an order.

Enforcement: Licensure minimum standards, 28 Pa. Code § 201.14; Disease Prevention and Control Law

Citation: Acting Secretary of Health Alison V. Beam, Order Further Amending the Amended Order Requiring Skilled Nursing Care Facilities to Make Weekly Reports of Specified Data Regarding Supplies and Equipment (May 26, 2021) (Ex. PA-038) Open the exhibit

Ex. PA-040

Act 21 of 2021 (H.B. 854) - COVID-19 Record Retention and Temporary Regulatory Flexibility Authority

Administrative Code of 1929 - COVID-19 Record Retention and Temporary Regulatory Flexibility Authority, Act of Jun. 11, 2021, P.L. 56, No. 21

General Assembly; approved by Governor Wolf, Pennsylvania (State)

Dates: In force from June 11, 2021 to Sept. 30, 2021
Quarters: 2021 Q22021 Q3
Limitations: Health care ordersWorkplace rulesOther
Functions reached: HR licensing, telemedicine and staffing suspensions continued; OF regulatory posture of every regulated industry
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Section 2102-F. Temporary regulatory flexibility authority. (a) Extension.--The suspension of a regulatory statute prescribing the procedures for conduct of Commonwealth business, or an order, rule or regulation of a Commonwealth agency which was suspended under 35 Pa.C.S. § 7301(f)(1) (relating to general authority of Governor) as of the last day that the order, as amended and renewed, was in effect is extended until September 30, 2021, unless sooner terminated by the authority which initially authorized the suspension. (b) Applicability.--A suspension which is extended under subsection (a) shall be retroactive to the last day that the order, as amended and renewed, was in effect. (c) Notice.--Upon the termination of an extension of a suspension under subsection (a), the authority which terminated the extension of the suspension shall notify...

Enforcement: Statute

Citation: General Assembly; approved by Governor Wolf, Act 21 of 2021 (H.B. 854) - COVID-19 Record Retention and Temporary Regulatory Flexibility Authority (June 11, 2021) (Ex. PA-040) Open the exhibit

Ex. PA-107

Reinstatement of the unemployment compensation work-search requirement for the benefit week beginning July 18, 2021 (release 'L&I to Restart Unemployment Benefit Work Search Requirements in July')

L&I to Restart Unemployment Benefit Work Search Requirements in July

Department of Labor & Industry, Pennsylvania (State)

Dates: In force from July 18, 2021 to Sept. 30, 2021 (issued May 24, 2021)
Quarters: 2021 Q3
Limitations: Other
Functions reached: WF (context: the work-search waiver, a COVID-19 emergency measure, ran to July 18, 2021)
Grade: Confirmed from a secondary source
Days in this quarter: 75 (in force on the last day)

Render of the archived release failed)

Enforcement: UC Law

Citation: Department of Labor & Industry, Reinstatement of the unemployment compensation work-search requirement for the benefit week beginning July 18, 2021 (release 'L&I to Restart Unemployment Benefit Work Search Requirements in July') (May 24, 2021) (Ex. PA-107) Open the exhibit

Ex. PA-041

Amendment of the Order of the Secretary Requiring Hospitals to Make Daily Reports of Specified Data Regarding Supplies and Equipment (vaccination status of admitted patients; PA-NEDSS hospitalization reporting)

Amendment of the Order of the Secretary Requiring Hospitals to Make Daily Reports of Specified Data Regarding Supplies and Equipment

Acting Secretary of Health Alison V. Beam, Pennsylvania (State)

Dates: In force from Aug. 18, 2021 to Sept. 30, 2021 (issued Aug. 13, 2021)
Quarters: 2021 Q3
Limitations: Health care orders
Functions reached: OF hospital administration and daily reporting; IC infection control data; IP inpatient census reporting
Grade: Primary source read
Days in this quarter: 44 (in force on the last day)

And now on this day, August 13, 2021, I hereby amend the Order 'Requiring Hospitals to Make Daily Reports of Specified Data Regarding Supplies and Equipment' dated March 24, 2020, as previously amended on July 10, 2020 and January 27, 2021 (Order).... 12. The number of patients admitted on the previous day that were not fully vaccinated, as defined by the Federal Centers for Disease Control and Prevention (CDC). 13. The number of patients admitted on the previous day that were fully vaccinated.... Section 2: Pennsylvania National Electronic Disease Surveillance System (PA-NEDSS) Hospitalization Reporting. All hospitals licensed by the Department are instructed to submit a COVID-19 report to PA-NEDSS... This Amendment is effective August 18, 2021.

Enforcement: Hospital licensure; Disease Prevention and Control Law

Citation: Acting Secretary of Health Alison V. Beam, Amendment of the Order of the Secretary Requiring Hospitals to Make Daily Reports of Specified Data Regarding Supplies and Equipment (vaccination status of admitted patients; PA-NEDSS hospitalization reporting) (Aug. 13, 2021) (Ex. PA-041) Open the exhibit

Ex. PA-101

Termination of the Order of the Secretary Requiring Reduction of Elective Procedures in Regions with Low Acute Care Treatment Capacity

Termination of the Order of the Secretary of the Pennsylvania Department of Health Requiring Reduction of Elective Procedures in Regions with Low Acute Care Treatment Capacity

Acting Secretary of Health Alison V. Beam, Pennsylvania (State)

Dates: In force from Aug. 23, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Health care orders
Functions reached: SX (order in force July 1 - Aug. 23, 2021)
Grade: Primary source read
Days in this quarter: 39 (in force on the last day)

Effective this 23rd day of August, 2021, the November 23, 2020, Secretary of Health's Order Requiring Reduction of Elective Procedures in Regions with Low Acute Care Treatment Capacity, is hereby terminated.

Enforcement: n/a

Citation: Acting Secretary of Health Alison V. Beam, Termination of the Order of the Secretary Requiring Reduction of Elective Procedures in Regions with Low Acute Care Treatment Capacity (Aug. 23, 2021) (Ex. PA-101) Open the exhibit

Ex. PA-042

Order of the Acting Secretary of the Pennsylvania Department of Health Directing Face Coverings in School Entities

Acting Secretary of Health Alison V. Beam, Pennsylvania (State)

Dates: In force from Sept. 7, 2021 to Nov. 10, 2021 (issued Aug. 31, 2021)
Quarters: 2021 Q3
Limitations: Face-covering requirementSchools and child care
Functions reached: IN in-person instruction; EC child care (every licensed provider); WF workforce (school and child-care operating conditions); HR (staff masking); AC activities
Grade: Primary source read
Days in this quarter: 24 (in force on the last day)

'School Entity' means any of the following: (1) A public PreK-12 school. (2) A brick and mortar or cyber charter school. (3) A private or parochial school. (4) A career and technical center (CTC). (5) An intermediate unit (IU). (6) A PA Pre-K Counts program, Head Start Program, Preschool Early Intervention program, or Family Center. (7) A private academic nursery school and locally-funded prekindergarten activities. (8) A child care provider licensed by the Department of Human Services of the Commonwealth. Section 2: General Masking Requirement. Each teacher, child/student, staff, or visitor working, attending, or visiting a School Entity shall wear a face covering indoors, regardless of vaccination status, except as set forth in Section 3.... Section 4. School Entity Obligations. A. A School Entity must: 1. Require and enforce the requirement that all teachers, children/students, staff…

Enforcement: Disease Prevention and Control Law; the Department of Education's FAQ warned school officials of personal liability, fines and other penalties for non-enforcement (PSEA Legal Division summary, Sept. 7, 2021)

Citation: Acting Secretary of Health Alison V. Beam, Order of the Acting Secretary of the Pennsylvania Department of Health Directing Face Coverings in School Entities (Aug. 31, 2021) (Ex. PA-042) Open the exhibit

Ex. PA-108

Announcement of Aug. 10, 2021: vaccination-or-weekly-testing requirement for Commonwealth employees in State-run health care and high-risk congregate facilities (state hospitals, state centers, veterans' homes, community health centers, state correctional institutions), effective Sept. 7, 2021; new hires must be vaccinated

Gov. Wolf Announces Vaccine or Test Requirement for Commonwealth Employees in Health Care and High-Risk Congregate Facilities

Governor Tom Wolf (Office of Administration policy for Commonwealth employees), Pennsylvania (State)

Dates: In force from Sept. 7, 2021 to Sept. 30, 2021 (issued Aug. 10, 2021)
Quarters: 2021 Q3
Limitations: Vaccination or testing
Functions reached: WF (State employees only)
Grade: Confirmed from a secondary source
Days in this quarter: 24 (in force on the last day)

(press accounts, Aug. 10, 2021:) State employees in Pennsylvania health-care and congregate-care facilities were required to be vaccinated or undergo weekly COVID-19 testing... The Governor stated he 'did not plan to issue any requirements for the private sector.'

Enforcement: Commonwealth employment policy

Citation: Governor Tom Wolf (Office of Administration policy for Commonwealth employees), Announcement of Aug. 10, 2021: vaccination-or-weekly-testing requirement for Commonwealth employees in State-run health care and high-risk congregate facilities (state hospitals, state centers, veterans' homes, community health centers, state correctional institutions), effective Sept. 7, 2021; new hires must be vaccinated (Ex. PA-108)

Ex. PA-047

PA-HAN-596, UPDATE: Work Restrictions for Healthcare Personnel with Exposure to COVID-19 (replaces PA-HAN-569)

2021-PAHAN-596-9-16-UPD

Pennsylvania Department of Health (Acting Secretary Alison Beam), Health Alert Network, Pennsylvania (Sector regulator)

Dates: In force from Sept. 16, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rulesQuarantine and isolation
Functions reached: WF exposed staff excluded 14 days; HR staffing; IC
Grade: Primary source read
Days in this quarter: 15 (in force on the last day)

Following any of the higher-risk exposures outlined above, most asymptomatic HCP who are not considered fully vaccinated... nor have a history of COVID-19 in the prior 3 months, should follow guidance in PA-HAN-566 or its successor to quarantine at home AND be excluded from work for 14 days.... For exposed HCP who are neither considered fully vaccinated nor have a history of COVID-19 in the prior 3 months, exclude HCP with a higher-risk exposure for 14 days following the last date of exposure unless the facility is implementing strategies for mitigating staffing shortages.... Asymptomatic HCP with a higher-risk exposure, regardless of vaccination status, should have a series of two viral tests for SARS-CoV-2 infection.

Enforcement: Department of Health directive to licensed facilities; occupational health programs; complements the federal OSHA Healthcare ETS medical-removal rule (29 C.F.R. § 1910.502)

Citation: Pennsylvania Department of Health (Acting Secretary Alison Beam), Health Alert Network, PA-HAN-596, UPDATE: Work Restrictions for Healthcare Personnel with Exposure to COVID-19 (replaces PA-HAN-569) (Sept. 16, 2021) (Ex. PA-047) Open the exhibit

Ex. PA-048

PA-HAN-597, UPDATE: Interim Infection Prevention and Control Recommendations for Healthcare Settings during the COVID-19 Pandemic (replaces PA-HAN-563, 554, 544 and 521)

2021-PAHAN-597-09-21-UPD

Pennsylvania Department of Health (Acting Secretary Alison Beam), Health Alert Network, Pennsylvania (Sector regulator)

Dates: In force from Sept. 21, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Face-covering requirementHealth care ordersWorkplace rules
Functions reached: IC; CL; CH; VS; HR
Grade: Primary source read
Days in this quarter: 10 (in force on the last day)

This HAN Update provides comprehensive information regarding infection prevention and control for COVID-19 in healthcare settings based on changes made by CDC on September 10, 2021.... Healthcare personnel (HCP), even if fully vaccinated, should report any of the 3 above criteria to occupational health... Recommendations for evaluation and work restriction of these HCP are in PA-HAN-596.... Source control options for HCP include: o A NIOSH-approved N95 or equivalent or higher-level respirator...

Enforcement: As PA-046

Citation: Pennsylvania Department of Health (Acting Secretary Alison Beam), Health Alert Network, PA-HAN-597, UPDATE: Interim Infection Prevention and Control Recommendations for Healthcare Settings during the COVID-19 Pandemic (replaces PA-HAN-563, 554, 544 and 521) (Sept. 21, 2021) (Ex. PA-048) Open the exhibit

Ex. PA-043

Act 73 of 2021 (H.B. 1861) - COVID-19 regulatory flexibility authority (extension to Mar. 31, 2022)

Administrative Code of 1929 - Temporary Regulatory Flexibility Authority and Definitions, Act of Sep. 30, 2021, P.L. 404, No. 73

General Assembly; approved by Governor Wolf, Pennsylvania (State)

Dates: In force from Sept. 30, 2021 to Mar. 31, 2022
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rulesOther
Functions reached: HR; OF
Grade: Primary source read
Days in this quarter: 1 (in force on the last day)

(a.1) Additional temporary extensions.--The following suspensions of regulatory statutes, rules and regulations extended under subsection (a) which are in effect on September 30, 2021, are extended until March 31, 2022, unless sooner terminated by the authority which initially authorized the suspension:... (7) Regulatory statutes, rules or regulations enforced by the Department of Health. (8) Regulatory statutes, rules or regulations enforced by the Department of Human Services. (9) Regulatory statutes, rules or regulations enforced by the Bureau of Professional and Occupational Affairs. (b) Applicability.--... (2) A suspension extended under subsection (a.1) shall be retroactive to September 30, 2021.

Enforcement: Statute

Citation: General Assembly; approved by Governor Wolf, Act 73 of 2021 (H.B. 1861) - COVID-19 regulatory flexibility authority (extension to Mar. 31, 2022) (Sept. 30, 2021) (Ex. PA-043) Open the exhibit

Ex. PA-045

Corman v. Acting Secretary of the Pennsylvania Department of Health, No. 83 MAP 2021 (Pa. Dec. 23, 2021) (opinion following the per curiam affirmance of Dec. 10, 2021)

Corman v. Beam, Acting Secretary of the Pennsylvania Department of Health - Opinion

Supreme Court of Pennsylvania (Middle District), J-86-2021, Pennsylvania (Court)

Dates: In force from Dec. 10, 2021; end: n/a (issued Dec. 23, 2021)
Quarters: 2021 Q3
Limitations: Other
Functions reached: context for PA-042
Grade: Primary source read
Days in this quarter: 0

Having determined that the Secretary exceeded her authority in issuing that directive, by per curiam order on December 10, 2021, we affirmed the lower court's decision nullifying the mandate. (opinion recital; the Court also recites that the General Assembly terminated the disaster emergency on June 10, 2021 by concurrent resolution under newly amended Article III, Section 9, and that the Governor had not issued a new proclamation of disaster emergency since then)

Enforcement: n/a (post-period judicial decision)

Citation: Supreme Court of Pennsylvania (Middle District), J-86-2021, Corman v. Acting Secretary of the Pennsylvania Department of Health, No. 83 MAP 2021 (Pa. Dec. 23, 2021) (opinion following the per curiam affirmance of Dec. 10, 2021) (Ex. PA-045) Open the exhibit

Agencies, boards and authorities: Pennsylvania

Ex. AGY-AVIATION-SURFACE-051

Pennsylvania Turnpike Commission suspension of cash toll collection statewide effective 8 p.m., Mar. 16, 2020 (temporary safety measure; converted to permanent all-electronic tolling in June 2020)

PA Turnpike Temporarily Will Not Accept Cash To Safeguard Employee and Traveler Health

Pennsylvania Turnpike Commission, Pennsylvania Turnpike Commission (Commonwealth instrumentality; 552-mile toll system) (State)

Dates: In force from Mar. 16, 2020 to July 21, 2020
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesOther
Functions reached: OP toll collection operations converted overnight; toll collectors' positions eliminated (about 500 positions, June 2020); WF; CB motorists and motor carriers (billing by plate; cash-rate surcharge)
Grade: Primary source read
Days in this quarter: 0

"The Pennsylvania Turnpike Commission is alerting motorists that cash will not be accepted at any interchange statewide beginning tonight at 8 p.m. This is a temporary safety measure to keep travelers moving with no need to stop at tollbooths or interact with tolling personnel during the COVID-[19 emergency]." "Cash customers should NOT stop at tollbooths; they'll be invoiced by mail starting at 8 p.m." Tolls "will be assessed electronically via E-ZPass or the PA Turnpike TOLL BY PLATE program as vehicles travel at posted speed limits through tolling points" and non-E-ZPass customers "will be charged the 'cash' toll rate."

Enforcement: 75 Pa.C.S. § 6110 and 36 P.S. § 652 (toll evasion; TOLL BY PLATE invoicing and registration suspension under 75 Pa.C.S. § 1380)

Citation: Pennsylvania Turnpike Commission, Pennsylvania Turnpike Commission suspension of cash toll collection statewide effective 8 p.m., Mar. 16, 2020 (temporary safety measure; converted to permanent all-electronic tolling in June 2020) (Ex. AGY-AVIATION-SURFACE-051) Open the exhibit

Ex. AGY-ST-HEALTH-SUBORDERS-070

Order of the Secretary of the Pennsylvania Department of Health Requiring Hospitals to Make Daily Reports of Specified Data Regarding Supplies and Equipment

Order Requiring Hospitals to Make Daily Reports of Specified Data Regarding Supplies and Equipment (EEI survey in KC-HIMS three times a day)

Rachel Levine, MD, Secretary of Health, Pennsylvania - Department of Health (State health department) (State)

Dates: In force from Mar. 24, 2020 to Oct. 2, 2020
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersWorkplace rulesOther
Functions reached: OF administration (thrice-daily reporting); SC supplies, PPE, ventilators and beds; IP inpatient capacity reporting
Grade: Primary source read
Days in this quarter: 0

I am hereby ordering hospitals within the Commonwealth to report specified items... Therefore, on this day, March 24, 2020, under the authority granted to me by law, I hereby order the following:... Accordingly, it is hereby ordered that all hospitals shall complete the EEI survey in the KC-HIMS three times a day. This Order shall take effect immediately [and remain in effect until further notice].

Enforcement: 35 P.S. § 521.20; hospital licensure

Citation: Rachel Levine, MD, Secretary of Health, Order of the Secretary of the Pennsylvania Department of Health Requiring Hospitals to Make Daily Reports of Specified Data Regarding Supplies and Equipment (Mar. 24, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-070) Open the exhibit

Ex. AGY-ST-HEALTH-SUBORDERS-018

Amended Order of the Secretary of the Pennsylvania Department of Health Requiring Ambulatory Surgical Facilities to Make Daily Reports of Specified Data Regarding Supplies and Equipment

Amended Order Requiring Ambulatory Surgical Facilities to Make Daily Reports of Specified Data Regarding Supplies and Equipment (facilities that ceased or limited operations to report on reopening and every operational day)

Rachel Levine, MD, Secretary of Health, Pennsylvania - Department of Health (State health department) (State)

Dates: In force from Apr. 1, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersWorkplace rulesOther
Functions reached: OF administration (daily reporting); SX surgery (the order presupposes the March 2020 cessation of elective procedures); SC supplies and equipment
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Therefore, on this day, April 1, 2020, under the authority granted [to me by law, I hereby order]... [ambulatory surgical facilities that] have ceased or limited operations... in response to COVID-19 must complete the fields of the survey indicated... must complete the survey on the first day of its reopening and every operational day... Accordingly, it is hereby ordered that all ambulatory surgical facilities shall complete [the survey]... [This] Order shall take effect immediately and remain in full force and effect until further notice.

Enforcement: 35 P.S. § 521.20; facility licensure

Citation: Rachel Levine, MD, Secretary of Health, Amended Order of the Secretary of the Pennsylvania Department of Health Requiring Ambulatory Surgical Facilities to Make Daily Reports of Specified Data Regarding Supplies and Equipment (Apr. 1, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-018) Open the exhibit

Ex. AGY-ST-HEALTH-SUBORDERS-011

Order of the Secretary of Health Requiring All Persons Submitting, Performing or Reporting COVID-19 Antigen Tests to Report Results

Order Requiring Reporting of Antigen Test Results (health care providers, practitioners, employers and other entities administering point-of-care antigen tests, and clinical laboratories, to report all results per HAN 531)

Rachel L. Levine, MD, Secretary of Health, Pennsylvania - Department of Health (State health department) (State)

Dates: In force from Oct. 15, 2020 to Sept. 30, 2021 (issued Oct. 13, 2020)
Quarters: 2020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersWorkplace rulesOther
Functions reached: DX diagnostics (point-of-care antigen testing programs); HR screening (employer testing programs became reporting entities); OF reporting
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Accordingly, on this day, October 13, 2020, in order to prevent and control the spread of disease, I hereby order:... Section 2. Reporting of Antigen Test Results... ii. Report all antigen test results in accordance with the law and the direction of the Department as defined in HAN 531 (relating to guidance for reporting point of care SARS-CoV-2 [antigen tests])... B. A clinical laboratory that is performing antigen tests shall report all [results]... Section 3. Effective Date and Duration: This Order is effective at 12:01 a.m. on October 15, 2020 and will remain in effect until further notice.

Enforcement: 35 P.S. § 521.20 (the order recites that COVID-19 is a reportable disease under 35 P.S. §§ 521.2 and 521.4 and the regulations)

Citation: Rachel L. Levine, MD, Secretary of Health, Order of the Secretary of Health Requiring All Persons Submitting, Performing or Reporting COVID-19 Antigen Tests to Report Results (Oct. 13, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-011) Open the exhibit

Ex. AGY-ST-HEALTH-SUBORDERS-009

Order of the Secretary of Health Requiring Reporting of Data Related to Each Administration of an Immunization for COVID-19

Order Requiring Reporting of Data Related to Each Administration of an Immunization for COVID-19 (every COVID-19 immunization provider to report each dose to PA-SIIS within 24 hours; CDC supplemental redistribution and inventory reporting)

Rachel L. Levine, MD, Secretary of Health, Pennsylvania - Department of Health (State health department) (State)

Dates: In force from Dec. 15, 2020 to Sept. 30, 2021 (issued Dec. 14, 2020)
Quarters: 2020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testingOther
Functions reached: OF administration and reporting (PA-SIIS within 24 hours); CL clinical documentation; SC vaccine inventory reporting
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Accordingly, on this day, December 14, 2020, in order to prevent and control the spread of disease, I hereby order:... Section 2. Reporting of data related to the administration of an immunization deemed to be effective against COVID-19: A. [Every] individual or entity authorized by state or federal law, regulation or order... to receive and administer an immunization effective against COVID-19 (COVID-19 immunization provider) shall report data related to each [administration]... C. A COVID-19 immunization provider shall report the following information... [through] the PA SIIS web application... E. A COVID-19 immunization provider must submit a CDC Supplemental [Redistribution Agreement]... F. A COVID-19 immunization provider shall inform its patients of the [reporting]... Section 3. Effective Date and Duration: This Order is effective at 12:01 a.m. on December 15, 2020 and shall remain…

Enforcement: 35 P.S. § 521.20; 28 Pa. Code §§ 27.60-27.68 (recited); allocation consequences under the later provider orders

Citation: Rachel L. Levine, MD, Secretary of Health, Order of the Secretary of Health Requiring Reporting of Data Related to Each Administration of an Immunization for COVID-19 (Dec. 14, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-009) Open the exhibit

Ex. AGY-ST-HEALTH-SUBORDERS-069

Amended Order of the Secretary of the Pennsylvania Department of Health Requiring Skilled Nursing Care Facilities to Make Daily Reports of Specified Data Regarding Supplies and Equipment

Amended Order Requiring Skilled Nursing Care Facilities to Make Daily Reports of Specified Data Regarding Supplies and Equipment (daily survey)

Rachel L. Levine, MD, Secretary of Health, Pennsylvania - Department of Health (State health department) (State)

Dates: In force from Dec. 24, 2020 to May 26, 2021
Quarters: 2020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersWorkplace rulesOther
Functions reached: OF administration (daily reporting); SC supplies and equipment; IC infection control data
Grade: Primary source read
Days in this quarter: 0

As of December, 24, 2020, I am hereby ordering skilled nursing care facilities [to report specified data]... Facilities must complete the fields of the Survey indicated... Accordingly, it is hereby ordered that all nursing care facilities shall complete the Survey once a day. This Order shall take effect immediately and supersedes the [prior order].

Enforcement: 35 P.S. § 521.20; facility licensure

Citation: Rachel L. Levine, MD, Secretary of Health, Amended Order of the Secretary of the Pennsylvania Department of Health Requiring Skilled Nursing Care Facilities to Make Daily Reports of Specified Data Regarding Supplies and Equipment (Dec. 24, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-069) Open the exhibit

Ex. AGY-AVIATION-SURFACE-052

Pennsylvania Turnpike Commission action of July 21, 2020 approving 2021 toll increases and new TOLL BY PLATE rates, reciting the June 2020 permanent conversion to all-electronic tolling and the COVID-19 deferral of Act 44 payments

PA Turnpike Approves 2021 Toll Increase, New TOLL BY PLATE Rates (recital of permanent AET conversion and COVID-19 revenue impacts)

Pennsylvania Turnpike Commission, Pennsylvania Turnpike Commission (State)

Dates: In force from Jan. 3, 2021 to Sept. 30, 2021 (issued July 21, 2020)
Quarters: 2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Other
Functions reached: OP; CB motorists and carriers (higher TOLL BY PLATE rates for cash customers); WF (toll collector workforce eliminated with AET)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

"The Pennsylvania Turnpike Commission (PTC) today approved a six-percent toll increase for all E-ZPass rates systemwide and for PA Turnpike TOLL BY PLATE rates that had been established before last month's permanent conversion to All-Electronic Tolling (AET)...." Act 44 payments "must be paid each year even if the Commission seeks, and is granted, deferment of a quarterly Act-44 payment -- as it recently did to partially offset revenue impacts of the COVID-19 pandemic."

Enforcement: 36 P.S. § 652; 75 Pa.C.S. § 6110

Citation: Pennsylvania Turnpike Commission, Pennsylvania Turnpike Commission action of July 21, 2020 approving 2021 toll increases and new TOLL BY PLATE rates, reciting the June 2020 permanent conversion to all-electronic tolling and the COVID-19 deferral of Act 44 payments (Ex. AGY-AVIATION-SURFACE-052) Open the exhibit

Ex. AGY-ST-HEALTH-SUBORDERS-003

Order of the Acting Secretary of the Pennsylvania Department of Health Directing Vaccine Providers' Administration of COVID-19 Vaccines

Order Directing Vaccine Providers' Administration of COVID-19 Vaccines (80 percent of first doses within seven days; registration and appointment systems; phase compliance; reporting; allocation suspension for non-compliance)

Alison V. Beam, Acting Secretary of Health, Pennsylvania - Department of Health (State health department) (State)

Dates: In force from Feb. 12, 2021 to July 26, 2021
Quarters: 2021 Q12021 Q22021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testingSupply chain
Functions reached: CL clinical intake and scheduling (mandatory online and phone registration systems, appointment rules); SC supply (allocation conditioned on 80 percent administration within seven days); OF administration and reporting (PA-SIIS reporting within 24 hours); CB patient base (who could be vaccinated, by phase); WF workforce (employers' access to vaccination for staff governed by phase)
Grade: Primary source read
Days in this quarter: 26 (in force on the first day)

Section 3. A. Minimum administration requirement 1. At a minimum, Vaccine Providers shall administer 80% of the Vaccine first-doses received within seven days of receipt of those doses.... B. Vaccine Providers shall administer Vaccine in accordance with the following: 1. All requirements and recommendations in the Interim Vaccination Plan, including any subsequent versions, and 2. The current Phase of Pennsylvania's vaccine rollout... Section 5. Enforcement... The Department may reduce or temporarily suspend a Vaccine Provider's allocation of first doses for failure to comply with guidance issued under federal government and state law, including failure to comply with this Order... Section 6. Effect on Other Orders. This Order rescinds and replaces the Order... Requiring Health Systems, Hospitals, Federally Qualified Health Centers and Pharmacies to Vaccinate Certain Health Care…

Enforcement: Section 5 (reduction or suspension of first-dose allocations); 35 P.S. § 521.20 (penalties for violation of the Act and orders under it)

Citation: Alison V. Beam, Acting Secretary of Health, Order of the Acting Secretary of the Pennsylvania Department of Health Directing Vaccine Providers' Administration of COVID-19 Vaccines (Feb. 12, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-003) Open the exhibit

Ex. AGY-ST-HEALTH-SUBORDERS-004

First Amendment to the Order of the Acting Secretary of the Pennsylvania Department of Health Directing Vaccine Providers' Administration of COVID-19 Vaccines

First Amendment (new Section 3(C): providers receiving first-dose allocations for two weeks must schedule appointments for every Phase 1A person who requests one and contact every person on their lists by Mar. 31, 2021)

Alison V. Beam, Acting Secretary of Health, Pennsylvania - Department of Health (State health department) (State)

Dates: In force from Mar. 16, 2021 to July 28, 2021 (issued Mar. 15, 2021)
Quarters: 2021 Q12021 Q22021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testing
Functions reached: CL scheduling and front desk (mandatory outreach and appointment rules); CB patient base (Phase 1A priority); OF administration
Grade: Primary source read
Days in this quarter: 28 (in force on the first day)

(C) A Vaccine Provider who has received first dose allocations of Vaccine for at least the two previous weeks prior to the effective date of this Subsection shall use best efforts to schedule appointments for every individual eligible under Phase 1A of the Department's Interim Vaccine Plan who requests an appointment. This shall include all eligible individuals, including those outside of the Vaccine Provider's current patient network.... 2. By March 31, 2021, a Vaccine Provider... shall contact by phone or e-mail every individual for whom it has contact information and offer that individual an appointment.... 4. A Vaccine Provider shall schedule appointments as far into the future as necessary to accommodate all Phase 1A individuals requesting appointments... This Amended Order shall take effect at 12:01 a.m. on March 16, 2021.

Enforcement: Section 5 of the Feb. 12, 2021 order (allocation reduction or suspension); 35 P.S. § 521.20

Citation: Alison V. Beam, Acting Secretary of Health, First Amendment to the Order of the Acting Secretary of the Pennsylvania Department of Health Directing Vaccine Providers' Administration of COVID-19 Vaccines (Mar. 15, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-004) Open the exhibit

Ex. AGY-ST-HEALTH-SUBORDERS-005

Second Amendment to the Order of the Acting Secretary of the Pennsylvania Department of Health Directing Vaccine Providers' Administration of COVID-19 Vaccines

Second Amendment (providers may not refuse to schedule any Phase 1A person or tell the public that no appointments are available; must coordinate with Area Agencies on Aging and Medicaid MCOs)

Alison V. Beam, Acting Secretary of Health, Pennsylvania - Department of Health (State health department) (State)

Dates: In force from Mar. 26, 2021 to July 28, 2021 (issued Mar. 25, 2021)
Quarters: 2021 Q12021 Q22021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testing
Functions reached: CL scheduling and front desk; MK communications (prohibited messaging); CB patient base
Grade: Primary source read
Days in this quarter: 28 (in force on the first day)

a. A Vaccine Provider under this subsection may not refuse to schedule an appointment for a Phase 1A individual regardless of how far in the future it is needed to make the appointment due to the volume of appointments. b. A Vaccine Provider under this subsection may not include in its messaging, including on its website or telephone line, that no appointments are available. A Vaccine Provider under this subsection who informs a Phase 1A individual that no appointments are available is in violation of this Order and may be subject to the enforcement actions under Section 5 (relating to enforcement). 5.... a Vaccine Provider under this subsection shall coordinate, when requested by the Department or its representative, with... a. The applicable local Area Agency on Aging. b. The applicable Medical Assistance Managed Care Organization(s).

Enforcement: Section 5 of the Feb. 12, 2021 order; 35 P.S. § 521.20

Citation: Alison V. Beam, Acting Secretary of Health, Second Amendment to the Order of the Acting Secretary of the Pennsylvania Department of Health Directing Vaccine Providers' Administration of COVID-19 Vaccines (Mar. 25, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-005) Open the exhibit

Ex. AGY-ST-HEALTH-SUBORDERS-006

Third Amendment to the Order of the Acting Secretary of the Pennsylvania Department of Health Directing Vaccine Providers' Administration of COVID-19 Vaccines

Third Amendment (coordination duty extended to all persons eligible on or after Apr. 30, 2021, including homebound individuals)

Alison V. Beam, Acting Secretary of Health, Pennsylvania - Department of Health (State health department) (State)

Dates: In force from Apr. 30, 2021 to July 28, 2021 (issued Apr. 26, 2021)
Quarters: 2021 Q22021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testing
Functions reached: CL scheduling; CB patient base (all eligible persons from Apr. 30, 2021)
Grade: Primary source read
Days in this quarter: 28 (in force on the first day)

And now, on this 26th day of April 2021, I hereby amend my Order... dated February 12, 2021, as previously amended, as follows:... a Vaccine Provider under this subsection shall coordinate, when requested by the Department or its representative, with either of the following to schedule appointments for persons eligible to receive vaccine on or after the effective date of this order... Coordination shall include, at a minimum, the requirement to schedule an appointment for an individual, including any homebound individual... This Amended Order shall take effect at 12:01 a.m. on April 30, 2021 and shall remain in effect until further notice.

Enforcement: Section 5 of the Feb. 12, 2021 order; 35 P.S. § 521.20

Citation: Alison V. Beam, Acting Secretary of Health, Third Amendment to the Order of the Acting Secretary of the Pennsylvania Department of Health Directing Vaccine Providers' Administration of COVID-19 Vaccines (Apr. 26, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-006) Open the exhibit

Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-036

Pennsylvania Convention Center Re-Activation Framework (updated June 2021)

Re-activation protocol in force at the Center's reopening to events (summer 2021)

Pennsylvania Convention Center Authority and ASM Global, Pennsylvania Convention Center Authority, Pennsylvania (State)

Dates: In force from June 1, 2021 to Sept. 30, 2021
Quarters: 2021 Q22021 Q3
Limitations: Face-covering requirementEvents and venuesWorkplace rules
Functions reached: MC; EV; SC; WF
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

In order to achieve that trust, we continue to take the following steps: Deep Clean the facility is prepared to host events at the Pennsylvania Convention Center.... High-touch surfaces and objects are disinfected daily.

Enforcement: Venue rules incorporated in event licenses

Citation: Pennsylvania Convention Center Authority and ASM Global, Pennsylvania Convention Center Re-Activation Framework (updated June 2021) (June 1, 2021) (Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-036) Open the exhibit

Ex. AGY-ST-HEALTH-SUBORDERS-068

Updated Order of the Acting Secretary of the Pennsylvania Department of Health Directing Vaccine Providers' Administration of COVID-19 Vaccines

Updated Order Directing Vaccine Providers' Administration of COVID-19 Vaccines (second-dose scheduling, public registration information, 24-hour PA-SIIS reporting, allocation suspension; rescinds and replaces the Feb. 12, 2021 and Dec. 30, 2020 orders)

Alison V. Beam, Acting Secretary of Health, Pennsylvania - Department of Health (State health department) (State)

Dates: In force from July 28, 2021 to Sept. 30, 2021 (issued July 26, 2021)
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testingSupply chain
Functions reached: CL scheduling (second-dose appointments); OF reporting (PA-SIIS within 24 hours); SC vaccine supply (allocation conditioned on compliance); CB patient base
Grade: Primary source read
Days in this quarter: 65 (in force on the last day)

Accordingly, on this day, July 26, 2021, in order to prevent and control the spread of disease, I hereby order:... 'Vaccine Providers' means all Pennsylvania vaccine providers who have a valid CDC COVID-19 Provider Agreement... A. Vaccine Providers giving a two-dose Vaccine shall provide to a first dose [recipient a second-dose appointment]... B. Vaccine Providers providing a two-dose Vaccine shall make every appropriate [effort to administer the second dose]... Vaccine Providers receiving Vaccine shall report to the Department the following:... 2. Within 24 hours of receipt of inventory or administration of a Vaccine, Vaccine Providers shall access the PA SIIS web application to record receipt of shipments of COVID-19 immunization inventory and [administration]... Enforcement... The Department may reduce or temporarily suspend a Vaccine Provider's allocation of Vaccine doses for the…

Enforcement: Enforcement section (allocation reduction or suspension); 35 P.S. § 521.20

Citation: Alison V. Beam, Acting Secretary of Health, Updated Order of the Acting Secretary of the Pennsylvania Department of Health Directing Vaccine Providers' Administration of COVID-19 Vaccines (July 26, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-068) Open the exhibit

Ex. AGY-ST-HEALTH-SUBORDERS-007

Order of the Acting Secretary of the Pennsylvania Department of Health Directing Vaccine Providers Support of COVID-19 Vaccination Clinics at Institutions of Higher Education and School Entities

Order Directing Vaccine Providers Support of COVID-19 Vaccination Clinics at Institutions of Higher Education and School Entities (supplement to the July 26, 2021 Updated Order)

Alison V. Beam, Acting Secretary of Health, Pennsylvania - Department of Health (State health department) (State)

Dates: In force from Aug. 16, 2021 to Sept. 30, 2021 (issued Aug. 13, 2021)
Quarters: 2021 Q3
Limitations: Schools and child careHealth care ordersWorkplace rulesVaccination or testing
Functions reached: CL clinical operations (school and campus clinics on request); OF reporting; MK/CB (schools and colleges as counterparties)
Grade: Primary source read
Days in this quarter: 46 (in force on the last day)

Accordingly, on this day, August 13, 2021, in order to prevent and control the spread of disease, I hereby order:... A. As a supplement to the Updated Order of the Acting Secretary... upon request of an IHE or School Entity, a Vaccine Provider shall make every effort to coordinate a vaccination clinic... 'Coordination' shall include, at a minimum, the requirement to... 8. Reporting of the administration of each immunization... in accordance with the Order of the Secretary of Health Requiring Reporting of Data Related to Each Administration of an Immunization for COVID-19... This Order shall take effect at 12:01 a.m. on August 16, 2021 and shall remain in effect until otherwise terminated.

Enforcement: Enforcement section of the July 26, 2021 Updated Order (allocation reduction or suspension); 35 P.S. § 521.20

Citation: Alison V. Beam, Acting Secretary of Health, Order of the Acting Secretary of the Pennsylvania Department of Health Directing Vaccine Providers Support of COVID-19 Vaccination Clinics at Institutions of Higher Education and School Entities (Aug. 13, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-007) Open the exhibit

Ex. AGY-ST-HEALTH-SUBORDERS-015

Order of the Acting Secretary of the Pennsylvania Department of Health Authorizing COVID-19 Diagnostic Rapid Antigen Testing in K-12 Schools

Order Authorizing COVID-19 Diagnostic Rapid Antigen Testing in K-12 Schools (Statement of Assurances; authorized vendor portal reporting; schools without assurances must hold a CLIA certificate and State laboratory permit)

Alison V. Beam, Acting Secretary of Health, Pennsylvania - Department of Health (State health department) (State)

Dates: In force from Aug. 31, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Schools and child careHealth care ordersWorkplace rulesOther
Functions reached: DX diagnostics (school testing programs); WF workforce (parents; school-day continuity); OF reporting
Grade: Primary source read
Days in this quarter: 31 (in force on the last day)

Accordingly, on this day, August 31, 2021, to prevent and control the spread of disease, I hereby order:... Section 2: Submission of Statement of Assurances... the School must complete and submit a Statement of Assurances... Section 3: Additional Requirements. A. Authorized Schools must comply with all requirements set forth in the Statement of Assurances... B. Authorized Schools must utilize the Authorized Vendor's portal to report all individual [results]... Schools that do not complete and submit a Statement of Assurances to the Department must obtain a CLIA Certificate and State [laboratory permit]... Section 4: Effective Date and Duration. This Order shall take effect immediately and shall remain in effect until further notice.

Enforcement: 35 P.S. § 521.20; laboratory permitting under the Clinical Laboratory Act

Citation: Alison V. Beam, Acting Secretary of Health, Order of the Acting Secretary of the Pennsylvania Department of Health Authorizing COVID-19 Diagnostic Rapid Antigen Testing in K-12 Schools (Aug. 31, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-015) Open the exhibit

Ex. AGY-ST-HEALTH-SUBORDERS-008

Order of the Acting Secretary of the Pennsylvania Department of Health Directing Vaccine Providers to Support Continued Vaccine Administration

Order Directing Vaccine Providers to Support Continued Vaccine Administration (registration systems, coordination for persons 65 and older and homebound persons; supplement to the July 26 and Aug. 13, 2021 orders)

Alison V. Beam, Acting Secretary of Health, Pennsylvania - Department of Health (State health department) (State)

Dates: In force from Sept. 27, 2021 to Sept. 30, 2021 (issued Sept. 21, 2021)
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testing
Functions reached: CL scheduling and registration; CB patient base (older and homebound persons); OF administration
Grade: Primary source read
Days in this quarter: 4 (in force on the last day)

Accordingly, on this day, September 21, 2021, in order to prevent and control the spread of disease, I hereby order:... A. As a supplement to the Updated Order of the Acting Secretary... dated July 26, 2021 and the Order of the Acting Secretary... [of Aug. 13,] 2021, Vaccine Providers shall: a. Have operational and shall provide on their publicly available website... [registration and scheduling systems]... [and] shall coordinate, when requested by the Department... to schedule appointments for individuals 65 years of age [and older]... [and] who cannot leave the home... This Order shall take effect at 12:01 a.m. on September 27, 2021, and shall remain in effect until otherwise terminated.

Enforcement: Enforcement section of the July 26, 2021 Updated Order; 35 P.S. § 521.20

Citation: Alison V. Beam, Acting Secretary of Health, Order of the Acting Secretary of the Pennsylvania Department of Health Directing Vaccine Providers to Support Continued Vaccine Administration (Sept. 21, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-008) Open the exhibit

End of general restrictions, State of Pennsylvania: Amendments of May 13, 2021 to the Nov. 23, 2020 Orders for Mitigation and Enforcement (Acting Secretary, PA-036) and for Mitigation, Enforcement, and Immunity Protections (Governor, PA-035), effective May 17, 2021, providing that the orders 'shall remain in effect until 12:01 a.m. on May 31, 2021'; the Updated Order Requiring Universal Face Coverings was then terminated by the Acting Secretary effective 12:01 a.m. June 28, 2021 (PA-100); the disaster emergency itself was terminated by H.R. 106 on June 10, 2021 (PA-039) (2021-05-31 (capacity, gathering, telework, workplace and alcohol rules); 2021-06-10 (disaster emergency); 2021-06-28 (universal face coverings)). What remained: Act 21 of 2021's extension of every COVID-19 regulatory suspension to Sept. 30, 2021 (PA-040) and Act 73's further extension of the Department of Health, Department of Human Services and licensing-board suspensions to Mar. 31, 2022 (PA-043); the Secretary of Health's disease-control orders resting on the Disease Prevention and Control Law rather than the emergency: the elective-procedures reduction order to Aug. 23, 2021 (PA-025, PA-101), the hospital daily-reporting order as amended Aug. 13, 2021 (PA-041, PA-044), the nursing-facility weekly-reporting order (PA-038), the vaccine-provider order (PA-029, PA-034), and the Health Alert Network directives on infection control and work exclusion in every health care setting (PA-046, PA-047, PA-048, PA-118); the school and child-care face-covering order from Sept. 7, 2021 (PA-042); the Commonwealth-employee vaccinate-or-test policy from Sept. 7, 2021 (PA-108); Department of State licensing waivers expiring in tranches Aug. 17, Aug. 31, Sept. 15 and Sept. 30, 2021 (PA-091 to PA-098 notes); the UC work-search reinstatement of July 18, 2021 (PA-107); local orders of Philadelphia and Allegheny County; and the federal layer.

Preemption of local orders, State of Pennsylvania: Pennsylvania did not preempt or bar local COVID-19 orders at any time in 2020-2021. Philadelphia (a first-class city with its own Board of Health and Health Code) and Allegheny County (a county health department under the Local Health Administration Law) issued their own stricter orders throughout the period, and the Commonwealth's instruments accommodated them: the Green Phase amendment of June 25, 2020 (PA-014) moved Philadelphia to green while the City kept its own restrictions to July 3; the Dec. 10, 2020 Limited-Time Targeted Mitigation Order provides in Section 12 ('Authority of Local Departments and Boards of Health') that 'Local governments and authorities may issue rules or orders relating to disease prevention and control, which do not conflict with and are no less strict than the provisions of this Order' (PA-028); the Nov. 23, 2020 orders defer to 'the Department or the local health department' for quarantine and isolation directions (PA-022 § 1(B)(iv)). The only curtailment of emergency power was of the Governor's: the constitutional amendments adopted May 18, 2021 (Pa. Const. art. III, § 9; art. IV, § 20(c)) limited a disaster emergency to 21 days without General Assembly extension and allowed termination by concurrent resolution, which the General Assembly exercised on June 10, 2021 (PA-039); the Secretary of Health's independent disease-control authority (35 P.S. § 521.5; 71 P.S. § 532(a)) was untouched, which is why the mask order outlived the emergency and the school mask order issued in August 2021 (until the courts held in Nov.-Dec. 2021 that it required rulemaking, PA-045). Counties without health departments (all but Philadelphia, Allegheny, Bucks, Chester, Montgomery, Erie and a few others) had no independent order-making power and operated under the Commonwealth's orders alone.

Third quarter of 2021: the instruments in force, State of Pennsylvania

In force during the third quarter of 2021 (an order in force on any day of the quarter is an order in force during it):

PA-040 Act 21 of 2021 (regulatory suspensions extended to Sept. 30, 2021; whole quarter)
PA-043 Act 73 of 2021 (Sept. 30, 2021; suspensions 'in effect on September 30, 2021' extended to Mar. 31, 2022)
PA-042 School and child-care face-covering order (Sept. 7-30, 2021)
PA-025 with PA-101 Elective-procedure reduction order (July 1 - Aug. 23, 2021)
PA-041 and PA-044 Hospital daily-reporting order (whole quarter; amended effective Aug. 18, 2021)
PA-038 Nursing-facility weekly-reporting order (whole quarter)
PA-029 and PA-034 Vaccine-provider order (in force 'until further notice'; no termination located)
PA-046 PA-HAN-563 (July 1 - Sept. 20) and PA-048 PA-HAN-597 (Sept. 21-30): infection prevention and control in every health care setting
PA-118 PA-HAN-569 (July 1 - Sept. 15) and PA-047 PA-HAN-596 (Sept. 16-30): work restrictions for exposed health care personnel; PA-HAN-566 quarantine periods
PA-091 to PA-098 Department of State licensing suspensions (telemedicine; nursing permits; barber and cosmetology permits; dental examinations; appraiser deadlines) to their Aug.-Sept. 2021 expirations or Sept. 30, 2021
PA-108 Commonwealth-employee vaccinate-or-test policy (from Sept. 7, 2021)
PA-107 UC work-search requirement reinstated (July 18, 2021)
PA-045 (context) the school mask order was enforced until the courts acted Nov. 10 - Dec. 10, 2021
Local: Philadelphia Board of Health regulations of July 16 and Aug. 12-16, 2021 and Allegheny County instruments
Federal: CDC conveyance mask order, TSA directives, OSHA Healthcare ETS

5. Standing duties in Pennsylvania

Pennsylvania's pandemic law rested on four standing statutes and one regulation, each older than the pandemic and each in force in every one of the six quarters. First, the Emergency Management Services Code, 35 Pa.C.S. sec. 7301, made the Governor 'responsible for meeting the dangers to this Commonwealth and people presented by disasters,' gave his 'executive orders, proclamations and regulations... the force and effect of law,' and authorized him to control 'the movement of persons within the area and the occupancy of premises therein' (Ex. DUT-PA-003); every business closure, stay-at-home, reopening and mitigation order in States/PA recites sec. 7301, and the Supreme Court of Pennsylvania held on April 13, 2020 that the March 19 closure order was a valid exercise of the police power under it (Ex. DUT-PA-020). Second, the Disease Prevention and Control Law of 1955 commanded that on report of a disease subject to control measures the Department of Health 'shall carry out the appropriate control measures,' authorized rules on 'the enforcement of isolation quarantine and other control measures,' and made any person who violates the act or a regulation liable to a fine of $25 to $300 and thirty days' imprisonment in default (Ex. DUT-PA-001); its regulation, 28 Pa. Code sec. 27.60, directed the Department and every local health authority to impose 'any other disease control measure... necessary to protect the public from the spread of infectious agents' (Ex. DUT-PA-005), with the penalty restated at 28 Pa. Code sec. 27.8 (Ex. DUT-PA-009). Third, the Administrative Code of 1929 and the Department of Health Act of 1905 imposed on the Department the duty 'to determine and employ the most efficient and practical means for the prevention and suppression of disease,' to 'establish and enforce quarantines' and to abate nuisances on premises whose owner or occupant 'fails to comply with any order of the department' (Exs. DUT-PA-002, DUT-PA-019, DUT-PA-007), and section 16 of the 1905 Act (71 P.S. sec. 1409) made 'every person who violates any order or regulation of the Department of Health' guilty of a summary offense (Ex. DUT-PA-007). The Commonwealth's enforcement guidance to every police department and District Attorney, issued between March 19 and March 23, 2020, designated 71 P.S. sec. 1409 and 35 P.S. sec. 521.20(a) as the citation provisions for violations of the orders and 18 Pa.C.S. sec. 5101 for 'more serious violators' (Ex. DUT-PA-010). Fourth, the General Safety Law of 1937 bound every 'room, building or place within this Commonwealth where persons are employed' to be 'operated, and conducted as to provide reasonable and adequate protection for the life, limb, health, safety, and morals of all persons employed therein,' enforced by the Department of Labor and Industry with summary penalties (Ex. DUT-PA-006); Pennsylvania is a federal-OSHA State, and the OSH Act general duty clause, 29 U.S.C. sec. 654(a)(1), already in the library as DUT-AL-009, DUT-AR-011 and DUT-CO-009, ran beside it. For businesses that serve food, the Retail Food Facility Safety Act forbade any proprietor to 'allow any food employee to be in a retail food facility if that person has an infectious or communicable disease,' required every facility to be 'kept in a clean and sanitary condition,' and punished violations of 'any... order made under this subchapter' with summary fines and civil penalties to $10,000 per offense (Exs. DUT-PA-013, DUT-PA-016, DUT-PA-017); the Food Code made retention of the license conditional on compliance with the Department's 'orders, warnings and other directives... in response to community emergencies' (Ex. DUT-PA-014); and the Liquor Code let the Bureau of Liquor Control Enforcement cite any licensee for 'any violation of... any laws of this Commonwealth' or 'any other sufficient cause,' with fines and suspension (Ex. DUT-PA-018). The emergency orders filled these vessels with COVID-19 content. The March 19, 2020 closure order let life-sustaining businesses stay open only if they 'follow, at a minimum, the social distancing practices and other mitigation measures defined by the Centers for Disease Control to protect workers and patrons' (PA-002); the April 15, 2020 Worker Safety Order commanded that every business with in-person operations 'shall implement' cleaning, screening, distancing, masking and 50 percent occupancy protocols, with the Department's FAQ stating that employers 'are required to provide masks' and that 'all businesses are ordered to wait a minimum of 24 hours' before cleaning an exposed area (PA-008; Ex. DUT-PA-008); the Yellow and Green Phase Orders and the July 15 and November 23, 2020 mitigation orders let any business conduct in-person operations only 'provided that the businesses fully comply with all substantive aspects of' the Building and Worker Safety Orders 'and all existing and future applicable guidance' of the Administration, the Department and the CDC (PA-010, PA-011, PA-016, PA-023), and made telework compulsory 'unless not possible' (July 16, 2020) and 'unless impossible' (November 27, 2020 to April 3, 2021); the November 17, 2020 face-covering order required every business to 'require that all people, including their employees, customers... wear a face covering and take reasonable steps to enforce the requirement' (PA-020); the Governor's FAQ of October 6, 2020 answered 'Does an Order mean mandatory? Is this a law?' with 'Yes, it is mandatory' (Ex. DUT-PA-015); and the November 23, 2020 order wrote a graduated enforcement scheme for retail establishments and restaurants (warning letter; citation, fine and closure up to 24 hours on a second violation; closure of at least 24 hours, fines and referral for prosecution under 18 Pa.C.S. sec. 5101 thereafter) (PA-023 sec. 13). Pennsylvania enacted no general COVID-19 liability shield: the General Assembly passed House Bill 1737, whose safe harbor turned on an 'act or omission in compliance with... public health directives' (Ex. DUT-PA-012), and the Governor vetoed it on November 30, 2020 because 'providing immunity for a business that does not rigorously comply with public health orders does not ensure the safety of the public' (Ex. DUT-PA-011); the only executive immunity for businesses, section 14 of the November 23, 2020 order, ran 'only as related to enforcement of the Secretary of Health's Updated Order Requiring Universal Face Coverings' and 'shall not apply to liability of employers with respect to their employees' (PA-023). Recorded exactly: the orders' operating conditions use 'shall,' 'must' and 'are required'; the Green Phase Order's telework clause and the Worker Safety Order's return-to-work clause use 'strongly encouraged' and 'should' and are recorded as recommendations that became compulsory only through the incorporating clause ('fully comply with all substantive aspects of... all existing and future applicable guidance'); 35 Pa.C.S. sec. 7707 penalizes violations of the Emergency Management Council's 'plans and programs,' not the Governor's orders as such, and the Commonwealth accordingly charged violations under the health statutes.

The phase question

Whether the measures Pennsylvania employers took that the Service calls 'beyond' the closure and stay-at-home orders were 'voluntary' in the sense of Notice 2021-20 Q&A-14 (a suspension or reduction 'not due to a governmental order'). Answer: they were not. From March 19, 2020 to May 31, 2021 every business that kept any in-person operation in Pennsylvania did so only on the conditions the Governor's and the Secretary of Health's orders attached ('must follow, at a minimum, the social distancing practices and other mitigation measures defined by the Centers for Disease Control,' PA-002 sec. 1; 'shall implement... the following social distancing, mitigation, and cleaning protocols,' PA-008 para. A; 'provided that the businesses fully comply with all substantive aspects of... all existing and future applicable guidance issued by my Administration, the Department of Health (DOH) and Centers for Disease Control and Prevention (CDC),' PA-011 sec. 1(B); 'Unless impossible, all businesses must conduct their operations remotely,' PA-023 sec. 1(A)); those orders had 'the force and effect of law' under 35 Pa.C.S. sec. 7301(b) (Ex. DUT-PA-003), as the Supreme Court of Pennsylvania held on April 13, 2020 (Ex. DUT-PA-020); every person who violated 'any order or regulation of the Department of Health' committed a summary offense under 71 P.S. sec. 1409 (Ex. DUT-PA-007) and 35 P.S. sec. 521.20 (Ex. DUT-PA-001), the two provisions the Commonwealth designated for citations (Ex. DUT-PA-010); throughout all six quarters the General Safety Law bound every establishment to be 'operated, and conducted as to provide reasonable and adequate protection for the life, limb, health, safety, and morals of all persons employed therein' (Ex. DUT-PA-006), the Department of Health held the statutory duty 'to determine and employ the most efficient and practical means for the prevention and suppression of disease' (Exs. DUT-PA-002, DUT-PA-007, DUT-PA-019) and the regulatory command to 'direct... any other disease control measure... necessary to protect the public from the spread of infectious agents' (Ex. DUT-PA-005), and every retail food facility operator held its license only on condition that it 'comply with directives of the Department or licensor... in response to community emergencies' (Ex. DUT-PA-014); and the Commonwealth enacted no general liability shield because, in the Governor's words on vetoing House Bill 1737, 'we should not be providing protection for noncompliance or carelessness' with 'public health orders' (Ex. DUT-PA-011).

The State's standing duties

Ex. DUT-PA-001

Statute (Act of Apr. 23, 1956 (1955), P.L. 1510, No. 500)

Disease Prevention and Control Law of 1955

General Assembly of the Commonwealth of Pennsylvania, Pennsylvania (State)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Quarantine and isolationStanding duty
Character: statutory duty
Grade: Primary source read

Upon the receipt by a local board or department of health or by the department, as the case may be, of a report of a disease which is subject to isolation, quarantine, or any other control measure, the local board or department of health or the department shall carry out the appropriate control measures in such manner and in such place as is provided by rule or regulation.

Enforcement: sec. 521.20(a): for each offense, a fine of not less than $25 nor more than $300 with costs, and imprisonment in the county jail for up to 30 days in default; sec. 521.20(b): prosecutions 'may be instituted by the department, by a local board or department of health or by any person having knowledge of a violation'

Citation: General Assembly of the Commonwealth of Pennsylvania, Statute (Act of Apr. 23, 1956 (1955), P.L. 1510, No. 500) (standing) (Ex. DUT-PA-001) Open the exhibit

Ex. DUT-PA-002

Statute (Act of Apr. 9, 1929, P.L. 177, No. 175, sec. 2102)

The Administrative Code of 1929, section 2102, General Health Administration (powers and duties of the Department of Health)

General Assembly of the Commonwealth of Pennsylvania, Pennsylvania (State)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Quarantine and isolationStanding duty
Character: statutory authority
Grade: Primary source read

The Department of Health shall have the power, and its duty shall be: (a) To protect the health of the people of this Commonwealth, and to determine and employ the most efficient and practical means for the prevention and suppression of disease;... (c) To order... the causes of disease and mortality, to be abated and removed, and to enforce quarantine regulations

Enforcement: Abatement by the Department at the owner's or occupant's expense (sec. 2102(d), (e)); violation of any Department order or regulation punished under 71 P.S. sec. 1409 (Ex. DUT-PA-007) and 35 P.S. sec. 521.20 (Ex. DUT-PA-001)

Citation: General Assembly of the Commonwealth of Pennsylvania, Statute (Act of Apr. 9, 1929, P.L. 177, No. 175, sec. 2102) (standing) (Ex. DUT-PA-002) Open the exhibit

Ex. DUT-PA-003

Statute (Emergency Management Services Code, Title 35, Part V, Chapter 73, sec. 7301)

35 Pa.C.S. sec. 7301, General authority of Governor

General Assembly of the Commonwealth of Pennsylvania, Pennsylvania (State)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declarationStay-at-homeBusiness closureStanding duty
Character: statutory authority
Grade: Primary source read

(b) Executive orders, proclamations and regulations.--Under this part, the Governor may issue, amend and rescind executive orders, proclamations and regulations which shall have the force and effect of law.... (f) Additional powers.--... the Governor may:... (7) Control ingress and egress to and from a disaster area, the movement of persons within the area and the occupancy of premises therein.

Enforcement: None in sec. 7301 itself. The Commonwealth charged violations of the Governor's and Secretary's orders under 35 P.S. sec. 521.20(a) and 71 P.S. sec. 1409 (Ex. DUT-PA-010), and against licensees through the Liquor Code (Ex. DUT-PA-018) and the food-safety statutes (Ex. DUT-PA-017); 35 Pa.C.S. sec. 7707 (Ex. DUT-PA-004) penalizes violations of the Emergency Management Council's plans and programs.

Citation: General Assembly of the Commonwealth of Pennsylvania, Statute (Emergency Management Services Code, Title 35, Part V, Chapter 73, sec. 7301) (standing) (Ex. DUT-PA-003) Open the exhibit

Ex. DUT-PA-004

Statute (Emergency Management Services Code, Chapter 77, sec. 7707)

35 Pa.C.S. sec. 7707, Penalties

General Assembly of the Commonwealth of Pennsylvania, Pennsylvania (State)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declarationStanding duty
Character: order penalty
Grade: Primary source read

Any person violating any of the plans and programs adopted and promulgated by the Pennsylvania Emergency Management Council shall, upon conviction... in a summary proceeding, be sentenced to pay a fine not exceeding $200 or imprisonment not exceeding 30 days or both, for the first offense, and a fine not exceeding $500 or imprisonment not exceeding 90 days or both, for each subsequent offense.

Enforcement: First offense: fine up to $200 or imprisonment up to 30 days or both; each subsequent offense: fine up to $500 or imprisonment up to 90 days or both (sec. 7707(a))

Citation: General Assembly of the Commonwealth of Pennsylvania, Statute (Emergency Management Services Code, Chapter 77, sec. 7707) (standing) (Ex. DUT-PA-004) Open the exhibit

Ex. DUT-PA-005

Regulation (28 Pa. Code ch. 27, subch. C, sec. 27.60)

28 Pa. Code sec. 27.60, Disease control measures

Pennsylvania Department of Health (regulation adopted with the Advisory Health Board), Pennsylvania (State)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Quarantine and isolationStanding duty
Character: statutory duty
Grade: Primary source read

The Department or local health authority shall direct isolation of a person... with a communicable disease or infection;... quarantine or modified quarantine of contacts...; and any other disease control measure the Department or the local health authority considers to be appropriate..., when the disease control measure is necessary to protect the public from the spread of infectious agents.

Enforcement: 28 Pa. Code sec. 27.8(a) (Ex. DUT-PA-009): fine of $25 to $300 with costs, up to 30 days in default; 35 P.S. sec. 521.20 (Ex. DUT-PA-001); 71 P.S. sec. 1409 (Ex. DUT-PA-007)

Citation: Pennsylvania Department of Health (regulation adopted with the Advisory Health Board), Regulation (28 Pa. Code ch. 27, subch. C, sec. 27.60) (standing) (Ex. DUT-PA-005) Open the exhibit

Ex. DUT-PA-006

Statute (Act of May 18, 1937, P.L. 654, No. 174)

General Safety Law

General Assembly of the Commonwealth of Pennsylvania, Pennsylvania (State)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesStanding duty
Character: workplace duty
Grade: Primary source read

All establishments shall be so constructed, equipped, arranged, operated, and conducted as to provide reasonable and adequate protection for the life, limb, health, safety, and morals of all persons employed therein.

Enforcement: sec. 15: first offense, summary conviction and a fine of $25 to $100 (30 days' imprisonment in default); second offense, $50 to $200 (60 days in default); third offense, a misdemeanor; sec. 13: L&I inspection, entry and corrective instructions

Citation: General Assembly of the Commonwealth of Pennsylvania, Statute (Act of May 18, 1937, P.L. 654, No. 174) (standing) (Ex. DUT-PA-006) Open the exhibit

Ex. DUT-PA-007

Statute (Act of Apr. 27, 1905, P.L. 312, No. 218, creating the Department of Health)

Department of Health Act of 1905, sections 8, 9 and 16 (duty to prevent and suppress disease; nuisance abatement and quarantine enforcement; penalty for violating any order or regulation of the Department of Health)

General Assembly of the Commonwealth of Pennsylvania, Pennsylvania (State)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Quarantine and isolationStanding duty
Character: order penalty
Grade: Primary source read

Every person who violates any order or regulation of the Department of Health, or who resists or interferes with any officer or agent thereof..., shall, upon conviction thereof in a summary proceeding..., be sentenced to pay a fine of not less than ten ($10.00) dollars and costs nor more than fifty ($50.00) dollars and costs

Enforcement: sec. 16: fine of $10 to $50 and costs; confinement in the county jail for 30 days in default; sec. 9: abatement at the owner's or occupant's expense, secured by lien

Citation: General Assembly of the Commonwealth of Pennsylvania, Statute (Act of Apr. 27, 1905, P.L. 312, No. 218, creating the Department of Health) (standing) (Ex. DUT-PA-007) Open the exhibit

Ex. DUT-PA-008

Agency FAQ (published PDF)

Frequently Asked Questions: Order of the Secretary of the Pennsylvania Department of Health Directing Public Health Safety Measures for Businesses Permitted to Maintain In-person Operation

Pennsylvania Department of Health, Pennsylvania (State)

Dates: Standing (With PA-008 (enforceable 8:00 p.m. Apr. 19, 2020))
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Capacity limitFace-covering requirementWorkplace rulesOperating condition
Character: agency position statement
Grade: Primary source read

the Secretary of Health has ordered certain actions to be taken by employers and the employees of life-sustaining businesses (employees) to protect their health and lives, the health and lives of their families, and the health and lives of the residents of the Commonwealth who depend upon their services.

Enforcement: Enforcement through the Department's online complaint webform and the enforcement agencies the Order names; violations of the Order chargeable under 71 P.S. sec. 1409 and 35 P.S. sec. 521.20 (Ex. DUT-PA-010)

Citation: Pennsylvania Department of Health, Agency FAQ (published PDF) (Apr. 15, 2020) (Ex. DUT-PA-008) Open the exhibit

Ex. DUT-PA-009

Regulation (28 Pa. Code ch. 27, subch. A, sec. 27.8)

28 Pa. Code sec. 27.8, Criminal penalties for violating the act or this chapter

Pennsylvania Department of Health (regulation adopted with the Advisory Health Board), Pennsylvania (State)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Standing duty
Character: order penalty
Grade: Primary source read

(a) A person who violates any provision of the act or this chapter shall, for each offense, upon conviction thereof in a summary proceeding..., be sentenced to pay a fine of not less than $25 and not more than $300, together with costs, and in default of payment of the fine and costs, shall be imprisoned in the county jail for a period not to exceed 30 days.

Enforcement: Fine of $25 to $300 with costs per offense; imprisonment up to 30 days in default

Citation: Pennsylvania Department of Health (regulation adopted with the Advisory Health Board), Regulation (28 Pa. Code ch. 27, subch. A, sec. 27.8) (standing) (Ex. DUT-PA-009) Open the exhibit

Ex. DUT-PA-010

Enforcement guidance (letter)

Business Closure Order Enforcement Guidance (letter to law enforcement executives and District Attorneys)

Commonwealth of Pennsylvania (letter to the law-enforcement community and District Attorneys, published by the Pennsylvania State Police), Pennsylvania (State)

Dates: Standing (2020-03-23 08:00 a.m. (enforcement of the closure orders))
Quarters: 2020 Q22020 Q3
Limitations: Business closureStanding duty
Character: agency position statement
Grade: Primary source read

Thus, pursuant to 71 P.S. § 1409, any person that fails to abide by the Orders, or any other order of the Department of Health or who resists or interferes with any officer or agent thereof in the performance of his or her duties, is in violation of 71 P.S. § 1409, and subject to the criminal penalties stated therein.

Enforcement: 71 P.S. sec. 1409 ($10-$50 and costs; 30 days in default); 35 P.S. sec. 521.20(a) ($25-$300; 30 days in default); 28 Pa. Code sec. 27.8(a); 18 Pa.C.S. sec. 5101 (misdemeanor of the second degree); Liquor Code suspension and revocation

Citation: Commonwealth of Pennsylvania (letter to the law-enforcement community and District Attorneys, published by the Pennsylvania State Police), Enforcement guidance (letter) (standing) (Ex. DUT-PA-010) Open the exhibit

Ex. DUT-PA-011

Veto message (Veto No. 19 of 2020)

Veto of House Bill 1737, Printer's Number 4625 (COVID-19-related liability protection)

Governor Tom Wolf, Pennsylvania (State)

Dates: Standing (2020-11-30 (bill returned without approval; not enacted))
Quarters: 2020 Q42021 Q12021 Q22021 Q3
Limitations: Other
Character: not enacted
Grade: Primary source read

Providing immunity for a business that does not rigorously comply with public health orders does not ensure the safety of the public, its employees and is not in the public interest.... We should not be providing protection for noncompliance or carelessness.

Enforcement: n/a (ordinary tort liability remained; the only executive immunity for businesses, PA-023 sec. 14, ran 'only as related to enforcement of the Secretary of Health's Updated Order Requiring Universal Face Coverings' and 'shall not apply to liability of employers with respect to their employees')

Citation: Governor Tom Wolf, Veto message (Veto No. 19 of 2020) (Nov. 30, 2020) (Ex. DUT-PA-011) Open the exhibit

Ex. DUT-PA-012

Bill as finally passed (Printer's No. 4625), vetoed Nov. 30, 2020

House Bill 1737, Printer's Number 4625, Session of 2019: An Act amending Title 42... providing... for COVID-19-related liability

General Assembly of the Commonwealth of Pennsylvania (passed both Houses; not enacted), Pennsylvania (State)

Dates: Standing (Not enacted)
Limitations: Other
Character: not enacted
Grade: Primary source read

(B) Compliance with public health directives.--An act or omission in compliance with, or in a good faith belief that the act or omission is in compliance with, public health directives shall not be considered gross negligence, recklessness, willful misconduct or intentional infliction of harm.

Enforcement: n/a (proposed civil safe harbor; not enacted)

Citation: General Assembly of the Commonwealth of Pennsylvania (passed both Houses; not enacted), Bill as finally passed (Printer's No. 4625), vetoed Nov. 30, 2020 (Nov. 19, 2020) (Ex. DUT-PA-012) Open the exhibit

Ex. DUT-PA-013

Statute (Retail Food Facility Safety Act, 3 Pa.C.S. ch. 57, subch. A)

3 Pa.C.S. sec. 5708, Infectious persons

General Assembly of the Commonwealth of Pennsylvania, Pennsylvania (State)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesQuarantine and isolationStanding duty
Character: sanitary code duty
Grade: Primary source read

No proprietor shall allow any food employee to be in a retail food facility if that person has an infectious or communicable disease, as prohibited under the act of April 23, 1956 (1955 P.L.1510, No.500), known as the Disease Prevention and Control Law of 1955, and its attendant regulations related to restrictions on food handlers.

Enforcement: 3 Pa.C.S. sec. 5714 (Ex. DUT-PA-017): summary offense, $100 to $300; third offense within two years a misdemeanor of the third degree; civil penalty up to $10,000 per offense; license suspension or revocation

Citation: General Assembly of the Commonwealth of Pennsylvania, Statute (Retail Food Facility Safety Act, 3 Pa.C.S. ch. 57, subch. A) (standing) (Ex. DUT-PA-013) Open the exhibit

Ex. DUT-PA-014

Regulation (7 Pa. Code ch. 46, subch. H, sec. 46.1144)

7 Pa. Code sec. 46.1144, Conditions of retention: responsibilities of the retail food facility operator

Pennsylvania Department of Agriculture, Pennsylvania (State)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Business closureStanding dutyOperating condition
Character: sanitary code duty
Grade: Primary source read

To retain a license issued by the Department or licensor under this chapter, a retail food facility operator shall do the following:... (9) Comply with directives of the Department or licensor including... orders, warnings and other directives issued by the Department or licensor in regard to the operator's retail food facility or in response to community emergencies.

Enforcement: Loss of the license (condition of retention); 3 Pa.C.S. sec. 5714 penalties (Ex. DUT-PA-017)

Citation: Pennsylvania Department of Agriculture, Regulation (7 Pa. Code ch. 46, subch. H, sec. 46.1144) (standing) (Ex. DUT-PA-014) Open the exhibit

Ex. DUT-PA-015

Executive FAQ (published PDF)

Frequently Asked Questions Regarding These Orders (Amended Targeted Mitigation Orders)

Office of the Governor with the Pennsylvania Department of Health, Pennsylvania (State)

Dates: Standing (2020-10-09 (with the Oct. 6, 2020 amendments' effective date))
Quarters: 2020 Q4
Limitations: Telework mandateCapacity limitGathering capFace-covering requirementWorkplace rulesOperating condition
Character: guidance incorporated
Grade: Primary source read

Does an Order mean mandatory? Is this a law? Yes, it is mandatory that all applicable businesses and event venues follow the guidelines set forth in the Order. However, businesses and event venues may choose to be more restrictive with their gathering limitations.... Yes. Event venues must go above and beyond to implement public health tactics.

Enforcement: Enforcement action by the Department of Health and other State agencies (as stated); the statutory penalties of Exs. DUT-PA-001, DUT-PA-007 and DUT-PA-018

Citation: Office of the Governor with the Pennsylvania Department of Health, Executive FAQ (published PDF) (Oct. 6, 2020) (Ex. DUT-PA-015) Open the exhibit

Ex. DUT-PA-016

Statute (Retail Food Facility Safety Act, 3 Pa.C.S. ch. 57, subch. A)

3 Pa.C.S. sec. 5710, Retail food facility and employee cleanliness

General Assembly of the Commonwealth of Pennsylvania, Pennsylvania (State)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesStanding duty
Character: sanitary code duty
Grade: Primary source read

All retail food facilities, kitchens, dining rooms and all places where foods are prepared, kept or stored shall be kept in a clean and sanitary condition and be protected from dust, dirt, insects and vermin in the manner prescribed by the regulations of the department. The clothing and hands of employees shall at all times be clean and sanitary.

Enforcement: 3 Pa.C.S. sec. 5714 (Ex. DUT-PA-017)

Citation: General Assembly of the Commonwealth of Pennsylvania, Statute (Retail Food Facility Safety Act, 3 Pa.C.S. ch. 57, subch. A) (standing) (Ex. DUT-PA-016) Open the exhibit

Ex. DUT-PA-017

Statute (Retail Food Facility Safety Act, 3 Pa.C.S. ch. 57, subch. A)

3 Pa.C.S. sec. 5714, Penalties

General Assembly of the Commonwealth of Pennsylvania, Pennsylvania (State)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Standing duty
Character: order penalty
Grade: Primary source read

(1) A person who violates any provision of this subchapter or any rule, regulation, standard or order made under this subchapter commits a summary offense for the first or second offense and shall be subject to a fine not less than $100 but not more than $300.... (2)... the secretary may assess a civil penalty not to exceed $10,000 upon an individual or business for each offense.

Enforcement: As quoted; license suspension or revocation under the subchapter's licensing provisions

Citation: General Assembly of the Commonwealth of Pennsylvania, Statute (Retail Food Facility Safety Act, 3 Pa.C.S. ch. 57, subch. A) (standing) (Ex. DUT-PA-017) Open the exhibit

Ex. DUT-PA-018

Statute (Liquor Code, Act of Apr. 12, 1951, P.L. 90, No. 21, sec. 471)

Liquor Code section 471, Revocation and Suspension of Licenses; Fines

General Assembly of the Commonwealth of Pennsylvania, Pennsylvania (State)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Business closureAlcohol and barsStanding duty
Character: order penalty
Grade: Primary source read

Upon learning of any violation of this act or any laws of this Commonwealth relating to liquor, alcohol or malt or brewed beverages, or of any regulations of the board adopted pursuant to such laws,... or upon any other sufficient cause shown, the enforcement bureau may... cite such licensee to appear before an administrative law judge

Enforcement: sec. 471(b): on proof of 'any such violation... or for other sufficient cause,' the administrative law judge 'shall immediately suspend or revoke the license, or impose a fine of not less than fifty dollars ($50) nor more than one thousand dollars ($1,000), or both'; suspension for non-payment within twenty days

Citation: General Assembly of the Commonwealth of Pennsylvania, Statute (Liquor Code, Act of Apr. 12, 1951, P.L. 90, No. 21, sec. 471) (standing) (Ex. DUT-PA-018) Open the exhibit

Ex. DUT-PA-019

Statute (Act of Apr. 9, 1929, P.L. 177, No. 175, sec. 2106)

The Administrative Code of 1929, section 2106, Quarantines (powers and duties of the Department of Health)

General Assembly of the Commonwealth of Pennsylvania, Pennsylvania (State)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Quarantine and isolationStanding duty
Character: statutory authority
Grade: Primary source read

The Department of Health shall have the power, and its duty shall be:... (b) To establish and enforce quarantines, in such manner, for such period, and with such powers, as may now or hereafter be provided by law, to prevent the spread of diseases declared by law or by the department to be communicable diseases

Enforcement: 71 P.S. sec. 1409 (Ex. DUT-PA-007); 35 P.S. sec. 521.20 (Ex. DUT-PA-001)

Citation: General Assembly of the Commonwealth of Pennsylvania, Statute (Act of Apr. 9, 1929, P.L. 177, No. 175, sec. 2106) (standing) (Ex. DUT-PA-019) Open the exhibit

Ex. DUT-PA-020

Judicial opinion (majority opinion on an emergency application for extraordinary relief)

Friends of Danny DeVito, Kathy Gregory, B&J Laundry, LLC, Blueberry Hill Public Golf Course & Lounge, and Caledonia Land Co. v. Governor Tom Wolf and Secretary of Health Dr. Rachel Levine, No. 68 MM 2020

Supreme Court of Pennsylvania (Donohue, J., for the Court; Saylor, C.J., Baer, Todd, Dougherty, Wecht and Mundy, JJ.), Pennsylvania (Court)

Dates: Standing (2020-04-13 (relief denied; the Mar. 19, 2020 closure order remained in force))
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Stay-at-homeBusiness closureOther
Character: adjudication
Grade: Primary source read

the policy choice in this emergency was for the Governor and the Secretary to make and so long as the means chosen to meet the emergency are reasonably necessary..., it is supported by the police power. The choice made by the Respondents was tailored to the nature of the emergency and utilized a recognized tool, business closures, to enforce social distancing

Enforcement: n/a (judicial confirmation that the orders bound their addressees as law, enforceable through Exs. DUT-PA-001, DUT-PA-007, DUT-PA-010)

Citation: Supreme Court of Pennsylvania (Donohue, J., for the Court; Saylor, C.J., Baer, Todd, Dougherty, Wecht and Mundy, JJ.), Judicial opinion (majority opinion on an emergency application for extraordinary relief) (Apr. 13, 2020) (Ex. DUT-PA-020) Open the exhibit

Federal standing duties

Ex. DUT-FED-001

29 U.S.C. 654 (OSH Act § 5, the general duty clause)

Duties of employers and employees

Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesStanding duty
Character: statutory duty
Grade: Primary source read

(a) Each employer-- (1) shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees; (2) shall comply with occupational safety and health standards promulgated under this chapter. (b) Each employee shall comply with occupational safety and health standards and all rules, regulations, and orders issued pursuant to this chapter which are applicable to his own actions and conduct.

Enforcement: 29 U.S.C. 666: civil penalties for serious, other-than-serious, willful and repeated violations (2020-2021 maxima $13,494 per serious violation and $134,937 per willful or repeated violation, 29 C.F.R. 1903.15(d)); willful violations causing death are criminal (29 U.S.C. 666(e)).

Citation: Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001) Open the exhibit

Ex. DUT-FED-002

29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation)

Judicial review; discharge or discrimination against employee for exercise of rights

Congress (OSH Act § 11(c)), United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesStanding duty
Character: statutory duty
Grade: Primary source read

No person shall discharge or in any manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter or has testified or is about to testify in any such proceeding or because of the exercise by such employee on behalf of himself or others of any right afforded by this chapter.

Enforcement: 29 U.S.C. 660(c)(2): Secretary's suit in district court for reinstatement with back pay and 'all appropriate relief'

Citation: Congress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002) Open the exhibit

Ex. DUT-FED-003

29 C.F.R. 1910.132 (personal protective equipment, general requirements)

General requirements (Subpart I, Personal Protective Equipment)

Occupational Safety and Health Administration (standard promulgated under 29 U.S.C. 655), United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesStanding duty
Character: regulatory duty
Grade: Primary source read

(a) Application. Protective equipment, including personal protective equipment for eyes, face, head, and extremities, protective clothing, respiratory devices, and protective shields and barriers, shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards of processes or environment... (d)(1) The employer shall assess the workplace to determine if hazards are present, or are likely to be present, which necessitate the use of personal protective equipment (PPE).

Enforcement: 29 U.S.C. 666 (civil penalties per violation)

Citation: Occupational Safety and Health Administration (standard promulgated under 29 U.S.C. 655), 29 C.F.R. 1910.132 (personal protective equipment, general requirements) (standing) (Ex. DUT-FED-003) Open the exhibit

Ex. DUT-FED-004

29 C.F.R. 1910.134 (respiratory protection)

Respiratory protection

Occupational Safety and Health Administration, United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersWorkplace rulesStanding duty
Character: regulatory duty
Grade: Primary source read

(a)(2) A respirator shall be provided to each employee when such equipment is necessary to protect the health of such employee. The employer shall provide the respirators which are applicable and suitable for the purpose intended. The employer shall be responsible for the establishment and maintenance of a respiratory protection program... (c)(1)... the employer to develop and implement a written respiratory protection program with required worksite-specific procedures and elements for required respirator use.

Enforcement: 29 U.S.C. 666

Citation: Occupational Safety and Health Administration, 29 C.F.R. 1910.134 (respiratory protection) (standing) (Ex. DUT-FED-004) Open the exhibit

Ex. DUT-FED-005

29 C.F.R. 1910.141 (sanitation)

Sanitation (Subpart J)

Occupational Safety and Health Administration, United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesStanding duty
Character: regulatory duty
Grade: Primary source read

(a)(3)(i) All places of employment shall be kept clean to the extent that the nature of the work allows.... (d)(1) Washing facilities shall be maintained in a sanitary condition.

Enforcement: 29 U.S.C. 666

Citation: Occupational Safety and Health Administration, 29 C.F.R. 1910.141 (sanitation) (standing) (Ex. DUT-FED-005) Open the exhibit

Ex. DUT-FED-006

29 C.F.R. part 1904 (recording and reporting occupational injuries and illnesses), §§ 1904.4, 1904.5, 1904.7, 1904.39

Recording and Reporting Occupational Injuries and Illnesses

Occupational Safety and Health Administration, United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesStanding duty
Character: regulatory duty
Grade: Primary source read

§ 1904.39(a)(1): Within eight (8) hours after the death of any employee as a result of a work-related incident, you must report the fatality to the Occupational Safety and Health Administration (OSHA)... (a)(2): Within twenty-four (24) hours after the in-patient hospitalization of one or more employees... as a result of a work-related incident, you must report the in-patient hospitalization... to OSHA.

Enforcement: 29 U.S.C. 666

Citation: Occupational Safety and Health Administration, 29 C.F.R. part 1904 (recording and reporting occupational injuries and illnesses), §§ 1904.4, 1904.5, 1904.7, 1904.39 (standing) (Ex. DUT-FED-006) Open the exhibit

Ex. DUT-FED-007

29 C.F.R. 1910.1030 (bloodborne pathogens)

Bloodborne pathogens

Occupational Safety and Health Administration, United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersWorkplace rulesStanding duty
Character: regulatory duty
Grade: Primary source read

(c)(1)(i) Each employer having an employee(s) with occupational exposure as defined by paragraph (b) of this section shall establish a written Exposure Control Plan designed to eliminate or minimize employee exposure.... (d)(1) Universal precautions shall be observed to prevent contact with blood or other potentially infectious materials.

Enforcement: 29 U.S.C. 666

Citation: Occupational Safety and Health Administration, 29 C.F.R. 1910.1030 (bloodborne pathogens) (standing) (Ex. DUT-FED-007) Open the exhibit

Ex. DUT-FED-008

29 C.F.R. part 1977 (discrimination against employees exercising rights under the OSH Act), § 1977.12(b)(2)

Discrimination Against Employees Exercising Rights Under the Williams-Steiger Occupational Safety and Health Act of 1970

Occupational Safety and Health Administration (interpretive regulations under OSH Act § 11(c)), United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesStanding duty
Character: regulatory duty
Grade: Primary source read

§ 1977.12(b)(2):... If the employee, with no reasonable alternative, refuses in good faith to expose himself to the dangerous condition, he would be protected against subsequent discrimination. The condition causing the employee's apprehension of death or injury must be of such a nature that a reasonable person, under the circumstances then confronting the employee, would conclude that there is a real danger of death or serious injury and that there is insufficient time, due to the urgency of the situation, to eliminate the danger through resort to regular statutory enforcement channels.

Enforcement: 29 U.S.C. 660(c)(2)

Citation: Occupational Safety and Health Administration (interpretive regulations under OSH Act § 11(c)), 29 C.F.R. part 1977 (discrimination against employees exercising rights under the OSH Act), § 1977.12(b)(2) (standing) (Ex. DUT-FED-008) Open the exhibit

Ex. DUT-FED-009

OSHA COVID-19 'Standards' page (statement of the general duty clause and the standing standards applicable to SARS-CoV-2)

COVID-19 - Standards (OSHA Safety and Health Topics)

Occupational Safety and Health Administration (agency web publication, COVID-19 Safety and Health Topics, 'Standards'), United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesStanding duty
Character: agency position statement
Grade: Primary source read

The General Duty Clause, Section 5(a)(1) of the Occupational Safety and Health (OSH) Act of 1970, 29 USC 654(a)(1), which requires employers to furnish to each worker 'employment and a place of employment, which are free from recognized hazards that are causing or are likely to cause death or serious physical harm.'... OSHA's Bloodborne Pathogens standard (29 CFR 1910.1030) applies to occupational exposure to human blood... Recordkeeping and Reporting Occupational Injuries and Illness (29 CFR 1904)... 1910.132, General requirements... 1910.134.

Enforcement: as the underlying provisions provide

Citation: Occupational Safety and Health Administration (agency web publication, COVID-19 Safety and Health Topics, 'Standards'), OSHA COVID-19 'Standards' page (statement of the general duty clause and the standing standards applicable to SARS-CoV-2) (standing) (Ex. DUT-FED-009) Open the exhibit

Ex. DUT-FED-010

Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (posted Jan. 29, 2021)

Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace

Occupational Safety and Health Administration (issued under Executive Order 13999 § 2(a)), United States (Federal)

Dates: Standing (2021-01-29)
Quarters: 2021 Q12021 Q2
Limitations: Face-covering requirementWorkplace rulesQuarantine and isolation
Character: agency guidance recommendation
Grade: Primary source read

This guidance is not a standard or regulation, and it creates no new legal obligations. It contains recommendations as well as descriptions of existing mandatory safety and health standards.... Employers should implement COVID-19 Prevention Programs in the workplace.... In addition, the Act's General Duty Clause, Section 5(a)(1), requires employers to provide their workers with a workplace free from recognized hazards that are causing or likely to cause death or serious physical harm.... employers still are required under the General Duty Clause, Section 5(a)(1) of the OSH Act, to...

Enforcement: none in the guidance; the general duty clause and standards it describes carry 29 U.S.C. 666 penalties

Citation: Occupational Safety and Health Administration (issued under Executive Order 13999 § 2(a)), Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (posted Jan. 29, 2021) (Ex. DUT-FED-010) Open the exhibit

Ex. DUT-FED-011

Protecting Workers guidance, as updated August 13, 2021

Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (posted January 29, 2021; updated June 10 and August 13, 2021)

Occupational Safety and Health Administration, United States (Federal)

Dates: Standing (2021-08-13)
Quarters: 2021 Q3
Limitations: Face-covering requirementWorkplace rulesVaccination or testing
Character: agency guidance recommendation
Grade: Primary source read

Guidance posted January 29, 2021; Updated June 10, [2021]; Summary of changes August 13, 2021... [recommendations for workers who are unvaccinated or otherwise at-risk, and] new guidance involving workers who are fully vaccinated but [in areas of substantial or high transmission].

Enforcement: as the general duty clause provides

Citation: Occupational Safety and Health Administration, Protecting Workers guidance, as updated August 13, 2021 (Aug. 13, 2021) (Ex. DUT-FED-011) Open the exhibit

Ex. DUT-FED-013

Guidance on Returning to Work (OSHA 4045, June 2020)

Guidance on Returning to Work

Occupational Safety and Health Administration, United States (Federal)

Dates: Standing (2020-06)
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Capacity limitFace-covering requirementWorkplace rules
Character: agency guidance recommendation
Grade: Primary source read

This guidance is not a standard or regulation, and it creates no new legal obligations. It contains recommendations as well as descriptions of mandatory safety and health standards.... In addition, the Act's General Duty Clause, Section 5(a)(1), requires employers to provide their employees with a workplace free from recognized hazards likely to cause death or serious physical harm.

Enforcement: as the general duty clause and standards provide

Citation: Occupational Safety and Health Administration, Guidance on Returning to Work (OSHA 4045, June 2020) (June 17, 2020) (Ex. DUT-FED-013) Open the exhibit

Ex. DUT-FED-015

Citation and Notification of Penalty, Smithfield Packaged Meats Corp., Sioux Falls, SD (general duty clause, one serious violation)

OSHA Inspection Detail 1472736, Smithfield Packaged Meats Corp.

OSHA, Sioux Falls Area Office (enforcement record: inspection detail, Inspection No. 1472736), United States (South Dakota) (Federal)

Dates: Standing (2020-09-09)
Quarters: 2020 Q3
Limitations: Workplace rules
Character: enforcement record
Grade: Primary source read

NAICS: 311611/Animal (except Poultry) Slaughtering... Inspection Type: Complaint... Initial Violations 1 [Serious]... Initial Penalty $13,494.

Enforcement: $13,494 proposed

Citation: OSHA, Sioux Falls Area Office (enforcement record: inspection detail, Inspection No. 1472736), Citation and Notification of Penalty, Smithfield Packaged Meats Corp., Sioux Falls, SD (general duty clause, one serious violation) (Sept. 9, 2020) (Ex. DUT-FED-015) Open the exhibit

Ex. DUT-FED-016

Citation and Notification of Penalty, JBS Foods Inc. (Swift Beef Co.), Greeley, CO (general duty clause, serious; plus other-than-serious)

OSHA Inspection Detail 1475131, JBS Foods Inc.

OSHA, Denver Area Office (Inspection No. 1475131), United States (Colorado) (Federal)

Dates: Standing (2020-09-11)
Quarters: 2020 Q3
Limitations: Workplace rules
Character: enforcement record
Grade: Primary source read

NAICS: 311612/Meat Processed from Carcasses... Initial Penalty $13,494... $2,121... $15,615.

Enforcement: $15,615 proposed

Citation: OSHA, Denver Area Office (Inspection No. 1475131), Citation and Notification of Penalty, JBS Foods Inc. (Swift Beef Co.), Greeley, CO (general duty clause, serious; plus other-than-serious) (Sept. 11, 2020) (Ex. DUT-FED-016) Open the exhibit

Ex. DUT-FED-017

Citation, Midwest Warehouse and Distribution System Inc., Naperville, IL (general duty clause)

OSHA Inspection Detail 1501560, Midwest Warehouse and Distribution

OSHA, Naperville/Chicago North Area Office (Inspection No. 1501560), United States (Illinois) (Federal)

Dates: Standing (2021-04-22)
Quarters: 2021 Q2
Limitations: Workplace rules
Character: enforcement record
Grade: Primary source read

NAICS: 493110/General Warehousing and Storage... Initial Penalty $12,288... Current Penalty $10,788.

Enforcement: $12,288 proposed; $10,788 assessed

Citation: OSHA, Naperville/Chicago North Area Office (Inspection No. 1501560), Citation, Midwest Warehouse and Distribution System Inc., Naperville, IL (general duty clause) (Apr. 22, 2021) (Ex. DUT-FED-017) Open the exhibit

Ex. DUT-FED-018

Citation, Somerset Dental Group, Glastonbury, CT (respiratory protection)

OSHA Inspection Detail 1505094, Somerset Dental Group

OSHA, Hartford Area Office (Inspection No. 1505094), United States (Connecticut) (Federal)

Dates: Standing (2021-04-15)
Quarters: 2020 Q42021 Q2
Limitations: Health care ordersWorkplace rules
Character: enforcement record
Grade: Primary source read

NAICS: 621210/Offices of Dentists... Initial Penalty $3,979... Current Penalty $2,785.

Enforcement: $3,979 proposed; $2,785 assessed

Citation: OSHA, Hartford Area Office (Inspection No. 1505094), Citation, Somerset Dental Group, Glastonbury, CT (respiratory protection) (Apr. 15, 2021) (Ex. DUT-FED-018) Open the exhibit

Ex. DUT-FED-019

Citation, Wintonbury Care Center, Bloomfield, CT (respiratory protection; reporting)

OSHA Inspection Detail 1472908, Wintonbury Care Center

OSHA, Hartford Area Office (Inspection No. 1472908), United States (Connecticut) (Federal)

Dates: Standing (2020-10-09)
Quarters: 2020 Q4
Limitations: Health care ordersWorkplace rules
Character: enforcement record
Grade: Primary source read

NAICS: 623110/Nursing Care Facilities (Skilled Nursing Facilities)... Initial Penalty $13,494... $1,928... $15,422.

Enforcement: $15,422 proposed

Citation: OSHA, Hartford Area Office (Inspection No. 1472908), Citation, Wintonbury Care Center, Bloomfield, CT (respiratory protection; reporting) (Oct. 9, 2020) (Ex. DUT-FED-019) Open the exhibit

Ex. DUT-FED-020

Common COVID-19 Citations: Helping Employers Better Protect Workers and Comply with OSHA Regulations (Nov. 2020)

Common COVID-19 Citations

Occupational Safety and Health Administration, United States (Federal)

Dates: Standing (2020-11-06)
Quarters: 2020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersWorkplace rules
Character: agency enforcement summary
Grade: Primary source read

.. complaints, referrals, or fatalities in industries such as: hospitals and healthcare, nursing homes and long term care settings, and meat/poultry processing facilities.... 1910.134(c)(1) The employer did not establish, implement, or update a written respiratory protection program with worksite-specific procedures.... 1904.39(a)(1) The employer did not report a fatality to OSHA within eight hours... 1910.132(d)(1) Note: these citations occurred in the healthcare sector...

Enforcement: as the standards provide

Citation: Occupational Safety and Health Administration, Common COVID-19 Citations: Helping Employers Better Protect Workers and Comply with OSHA Regulations (Nov. 2020) (standing) (Ex. DUT-FED-020) Open the exhibit

Ex. DUT-FED-021

Citation, Hackensack Meridian Health Jersey Shore University Medical Center, Neptune, NJ (respiratory protection; recordkeeping)

OSHA Inspection Detail 1480762, Hackensack Meridian Health (Neptune)

OSHA, Avenel Area Office (Inspection No. 1480762), United States (New Jersey) (Federal)

Dates: Standing (2020-12-08)
Quarters: 2020 Q4
Limitations: Health care ordersWorkplace rules
Character: enforcement record
Grade: Primary source read

NAICS: 622110/General Medical and Surgical Hospitals... 19100134 A02 12/08/2020... $13,494... 19040004 A 12/08/2020... $1,928.

Enforcement: $15,422 proposed

Citation: OSHA, Avenel Area Office (Inspection No. 1480762), Citation, Hackensack Meridian Health Jersey Shore University Medical Center, Neptune, NJ (respiratory protection; recordkeeping) (Dec. 8, 2020) (Ex. DUT-FED-021) Open the exhibit

Ex. DUT-FED-022

Citation, United States Postal Service, Washington, DC (general duty clause)

OSHA Inspection Detail 1522210, U.S. Postal Service

OSHA, Baltimore/Washington Area Office (Inspection No. 1522210), United States (District of Columbia) (Federal)

Dates: Standing (2021-04-20)
Quarters: 2021 Q2
Limitations: Workplace rules
Character: enforcement record
Grade: Primary source read

NAICS: 491110/Postal Service... Initial Penalty... $11,704 [willful/repeat column]... $11,704.

Enforcement: $11,704 proposed

Citation: OSHA, Baltimore/Washington Area Office (Inspection No. 1522210), Citation, United States Postal Service, Washington, DC (general duty clause) (Apr. 20, 2021) (Ex. DUT-FED-022) Open the exhibit

Ex. DUT-FED-023

42 C.F.R. 483.80 (infection control; COVID-19 reporting; COVID-19 testing)

§ 483.80 Infection control

Centers for Medicare & Medicaid Services (condition of participation for long-term care facilities), United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testingStanding duty
Character: regulatory duty
Grade: Primary source read

(a)... The facility must establish and maintain an infection prevention and control program designed to provide a safe, sanitary, and comfortable environment and to help prevent the development and transmission of communicable diseases and infections.... (g) COVID-19 reporting. The facility must-- (1) Electronically report information about COVID-19 in a standardized format specified by the Secretary.... (h) COVID-19 Testing. The LTC facility must test residents and facility staff, including individuals providing services under arrangement and volunteers, for COVID-19.

Enforcement: 42 C.F.R. part 488, subpart F: civil money penalties, denial of payment, termination; QSO-20-29-NH sets CMPs for reporting failures; QSO-20-38-NH sets enforcement for testing failures (Exs. FED-161, -168)

Citation: Centers for Medicare & Medicaid Services (condition of participation for long-term care facilities), 42 C.F.R. 483.80 (infection control; COVID-19 reporting; COVID-19 testing) (standing) (Ex. DUT-FED-023) Open the exhibit

Ex. DUT-FED-024

42 C.F.R. 482.42 (hospital infection prevention and control and antibiotic stewardship programs; COVID-19 reporting)

§ 482.42 Condition of participation: Infection prevention and control and antibiotic stewardship programs

Centers for Medicare & Medicaid Services (hospital condition of participation), United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersWorkplace rulesStanding duty
Character: regulatory duty
Grade: Primary source read

The hospital must have active hospital-wide programs for the surveillance, prevention, and control of HAIs and other infectious diseases, and for the optimization of antibiotic use through stewardship.

Enforcement: 42 C.F.R. 489.53: termination of the provider agreement; QSO-20-31 and -35 enforcement (Exs. FED-165, -166)

Citation: Centers for Medicare & Medicaid Services (hospital condition of participation), 42 C.F.R. 482.42 (hospital infection prevention and control and antibiotic stewardship programs; COVID-19 reporting) (standing) (Ex. DUT-FED-024) Open the exhibit

Ex. DUT-FED-025

42 U.S.C. 247d-6d (PREP Act targeted liability protections)

Targeted liability protections for pandemic and epidemic products and security countermeasures

Congress (Public Readiness and Emergency Preparedness Act, Pub. L. 109-148, div. C, § 2 (2005), as amended by the CARES Act § 3103), United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Standing dutyOther
Character: liability shield condition
Grade: Primary source read

(a)(1)... a covered person shall be immune from suit and liability under Federal and State law with respect to all claims for loss caused by, arising out of, relating to, or resulting from the administration to or the use by an individual of a covered countermeasure if a declaration under subsection (b) has been issued with respect to such countermeasure.... (3) Certain conditions. Subject to the other provisions of this section, immunity under paragraph (1) with respect to a covered countermeasure applies only if-- (A) the countermeasure was administered or used during the effective period of the declaration...; (B) the countermeasure was administered or used for the category or categories of diseases... specified in the declaration; and (C) in addition, in the case of a covered person who is a program planner or qualified person with respect to the administration or use of the…

Enforcement: loss of immunity when the conditions are not met

Citation: Congress (Public Readiness and Emergency Preparedness Act, Pub. L. 109-148, div. C, § 2 (2005), as amended by the CARES Act § 3103), 42 U.S.C. 247d-6d (PREP Act targeted liability protections) (standing) (Ex. DUT-FED-025) Open the exhibit

Ex. DUT-FED-026

Advisory Opinion 20-04 on the Public Readiness and Emergency Preparedness Act and the Secretary's Declaration under the Act (Oct. 22, 2020, as modified Oct. 23, 2020)

Advisory Opinion 20-04 on the PREP Act and the Secretary's Declaration

Department of Health and Human Services, Office of the General Counsel (Robert P. Charrow, General Counsel), United States (Federal)

Dates: Standing (2020-10-23 (interpretive; states the Department's reading))
Quarters: 2020 Q42021 Q12021 Q22021 Q3
Limitations: Other
Character: agency interpretation
Grade: Primary source read

In short, any individual or organization can potentially be a program planner and receive PREP Act coverage. So for example, private businesses, public and private transportation providers, public and private schools, and religious organizations are all eligible for PREP Act coverage when they act [in accordance with the Declaration]... a program planner can be a 'private sector employer or community group' that 'carries out the described activities.'... Such entities may also include businesses, schools, and places of worship.

Enforcement: loss of immunity when the Declaration's conditions are not met

Citation: Department of Health and Human Services, Office of the General Counsel (Robert P. Charrow, General Counsel), Advisory Opinion 20-04 on the Public Readiness and Emergency Preparedness Act and the Secretary's Declaration under the Act (Oct. 22, 2020, as modified Oct. 23, 2020) (standing) (Ex. DUT-FED-026) Open the exhibit

Ex. DUT-FED-027

Fourth Amendment to the Declaration Under the PREP Act for Medical Countermeasures Against COVID-19 and Republication of the Declaration, 85 Fed. Reg. 79190

Fourth Amendment to the Declaration Under the Public Readiness and Emergency Preparedness Act for Medical Countermeasures Against COVID-19 and Republication of the Declaration

Secretary of Health and Human Services (Alex M. Azar II), United States (Federal)

Dates: Standing (2020-12-03 (effective through Oct. 1, 2024 as then stated))
Quarters: 2020 Q42021 Q12021 Q22021 Q3
Limitations: Vaccination or testingOther
Character: liability shield condition
Grade: Primary source read

(g) Makes explicit in Section IX that there can be situations where not administering a covered countermeasure to a particular individual can fall within the PREP Act and this Declaration's liability protections.... liability protections for all Covered Countermeasures... used in accordance with the public health and medical response of the Authority Having Jurisdiction...

Enforcement: loss of immunity outside the Declaration's conditions

Citation: Secretary of Health and Human Services (Alex M. Azar II), Fourth Amendment to the Declaration Under the PREP Act for Medical Countermeasures Against COVID-19 and Republication of the Declaration, 85 Fed. Reg. 79190 (Dec. 3, 2020) (Ex. DUT-FED-027) Open the exhibit

Ex. DUT-FED-029

Safety Alert for Operators (SAFO) 20009, COVID-19: Updated Interim Occupational Health and Safety Guidance for Air Carriers and Crews

SAFO 20009: COVID-19: Updated Interim Occupational Health and Safety Guidance for Air Carriers and Crews

Federal Aviation Administration, Flight Standards Service (with the CDC), United States (Federal)

Dates: Standing (2020-04-17)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Face-covering requirementTravel and quarantineWorkplace rules
Character: agency guidance recommendation
Grade: Primary source read

A SAFO contains important safety information and may include recommended action. SAFO content should be especially valuable to air carriers in meeting their statutory duty to provide service with the highest possible degree of safety in the public interest.... Recommended Action: The FAA and CDC recommend and expect that all U.S.-based air carriers and crewmembers, all non-U.S.-based air carriers operating flights with a U.S. nexus, and all non-U.S.-based crewmembers on flights with a U.S. nexus implement and use their company-developed COVID-19 preparedness plans and procedures in conjunction with the FAA and CDC occupational health and safety guidance in the attached appendix...

Enforcement: none in the SAFO

Citation: Federal Aviation Administration, Flight Standards Service (with the CDC), Safety Alert for Operators (SAFO) 20009, COVID-19: Updated Interim Occupational Health and Safety Guidance for Air Carriers and Crews (Apr. 17, 2020) (Ex. DUT-FED-029) Open the exhibit

Ex. DUT-FED-030

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (technical assistance Q&A, as updated Sept. 8, 2020)

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws

Equal Employment Opportunity Commission (technical assistance), United States (Federal)

Dates: Standing (2020-09-08)
Quarters: 2020 Q32020 Q4
Limitations: Workplace rulesQuarantine and isolation
Character: agency guidance permissive
Grade: Primary source read

A.3. When may an ADA-covered employer take the body temperature of employees during the COVID-19 pandemic? Generally, measuring an employee's body temperature is a medical examination. Because the CDC and state/local health authorities have acknowledged community spread of COVID-19 and issued attendant precautions, employers may measure employees' body temperature.... an individual with the virus will pose a direct threat to the health of others. Therefore an employer may choose to administer COVID-19 testing to employees before initially permitting them to enter the workplace... An employer may require employees to wear protective gear (for example, masks and gloves) and observe infection control practices (for example, regular hand washing and social distancing protocols).

Enforcement: none; the document defines what the ADA permits

Citation: Equal Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (technical assistance Q&A, as updated Sept. 8, 2020) (Ex. DUT-FED-030) Open the exhibit

Ex. DUT-FED-031

42 U.S.C. 12113 (ADA defenses; direct threat)

Defenses

Congress (Americans with Disabilities Act § 103), United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesStanding duty
Character: statutory framework
Grade: Primary source read

(b) Qualification standards. The term 'qualification standards' may include a requirement that an individual shall not pose a direct threat to the health or safety of other individuals in the workplace.

Enforcement: not applicable (a defense)

Citation: Congress (Americans with Disabilities Act § 103), 42 U.S.C. 12113 (ADA defenses; direct threat) (standing) (Ex. DUT-FED-031) Open the exhibit

Ex. DUT-FED-032

29 C.F.R. 1630.2(r) (definition of direct threat)

§ 1630.2 Definitions

Equal Employment Opportunity Commission (regulation), United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesStanding duty
Character: regulatory framework
Grade: Primary source read

(r) Direct Threat means a significant risk of substantial harm to the health or safety of the individual or others that cannot be eliminated or reduced by reasonable accommodation. The determination that an individual poses a 'direct threat' shall be based on an individualized assessment... based on a reasonable medical judgment that relies on the most current medical knowledge and/or on the best available objective evidence.

Enforcement: not applicable

Citation: Equal Employment Opportunity Commission (regulation), 29 C.F.R. 1630.2(r) (definition of direct threat) (standing) (Ex. DUT-FED-032) Open the exhibit

Ex. DUT-FED-033

29 C.F.R. 1630.15 (defenses; direct threat as a qualification standard)

§ 1630.15 Defenses

Equal Employment Opportunity Commission (regulation), United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesStanding duty
Character: regulatory framework
Grade: Primary source read

(b)(2) Direct threat as a qualification standard. The term 'qualification standard' may include a requirement that an individual shall not pose a direct threat to the health or safety of the individual or others in the workplace.

Enforcement: not applicable

Citation: Equal Employment Opportunity Commission (regulation), 29 C.F.R. 1630.15 (defenses; direct threat as a qualification standard) (standing) (Ex. DUT-FED-033) Open the exhibit

Ex. DUT-FED-034

Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19) (as revised March 21, 2020)

Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19)

Centers for Disease Control and Prevention, United States (Federal)

Dates: Standing (2020-03-21)
Quarters: 2020 Q2
Limitations: Workplace rulesQuarantine and isolation
Character: agency guidance recommendation
Grade: Primary source read

Below are changes as of March 21, 2020: Updated cleaning and disinfection guidance; Updated best practices for conducting social distancing; Updated strategies and recommendations that can be implemented now to respond to COVID-19.... Employers should plan to respond in a flexible way... Actively encourage sick employees to stay home... Employees who have symptoms... should notify their supervisor and stay home.... Separate sick employees... Support respiratory etiquette and hand hygiene for employees, customers, and worksite visitors... Perform routine environmental cleaning and disinfection.

Enforcement: none in the guidance

Citation: Centers for Disease Control and Prevention, Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19) (as revised March 21, 2020) (Mar. 21, 2020) (Ex. DUT-FED-034) Open the exhibit

Ex. DUT-FED-035

Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020 (as revised May 6, 2020)

Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020

Centers for Disease Control and Prevention, United States (Federal)

Dates: Standing (2020-05-06)
Quarters: 2020 Q22020 Q32020 Q42021 Q1
Limitations: Face-covering requirementWorkplace rulesQuarantine and isolation
Character: agency guidance recommendation
Grade: Primary source read

Below are changes as of May 6, 2020: Updated strategies and recommendations for employers responding to COVID-19, including those seeking to resume normal or phased business operations: Conducting daily health checks; Conducting a hazard assessment of the workplace; Encouraging employees to wear cloth face coverings in the workplace, if appropriate; Implementing policies and practices for social distancing in the workplace; Improving the building ventilation system... personal protective equipment (PPE) that employers may use to help prevent the spread of COVID-19 in the workplace.

Enforcement: none in the guidance

Citation: Centers for Disease Control and Prevention, Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020 (as revised May 6, 2020) (Ex. DUT-FED-035) Open the exhibit

Ex. DUT-FED-037

Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Relating to COVID-19), March 18, 2020

Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002

Federal Motor Carrier Safety Administration (Jim Mullen, Acting Administrator), United States (Federal)

Dates: Standing (2020-03-18)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Travel and quarantineWorkplace rulesSupply chain
Character: emergency relief with mandatory conditio
Grade: Primary source read

The President has declared a nationwide emergency pursuant to 42 U.S.C. § 5191(b)... Direct assistance means transportation and other relief services provided by a motor carrier or its driver(s) incident to the immediate restoration of essential services (such as medical care) or essential supplies (such as food and fuel)... [a driver] must be permitted at least 10 consecutive hours off duty before the driver is required to return to the motor carrier's terminal or the driver's normal reporting location.

Enforcement: 49 U.S.C. 521(b) civil penalties for operating outside the relief's conditions

Citation: Federal Motor Carrier Safety Administration (Jim Mullen, Acting Administrator), Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Relating to COVID-19), March 18, 2020 (Mar. 18, 2020) (Ex. DUT-FED-037) Open the exhibit

Ex. DUT-FED-060

Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the Coronavirus Disease 2019 (COVID-19) Pandemic (updated July 15, 2020)

Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the COVID-19 Pandemic

Centers for Disease Control and Prevention, United States (Federal)

Dates: Standing (2020-07-15)
Quarters: 2020 Q32020 Q4
Limitations: Face-covering requirementHealth care ordersWorkplace rulesQuarantine and isolation
Character: agency guidance recommendation
Grade: Primary source read

Updated July 15, 2020... Recommended routine infection prevention and control (IPC) practices during the COVID-19 pandemic: CDC recommends using additional infection prevention and control practices during the COVID-19 pandemic, along with standard practices recommended as a part of routine healthcare delivery to all patients.... Respirators with exhalation valves are not recommended for source control and should not be used during surgical procedures...

Enforcement: none in the guidance; CMS conditions of participation supply the sanction for participating providers

Citation: Centers for Disease Control and Prevention, Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the Coronavirus Disease 2019 (COVID-19) Pandemic (updated July 15, 2020) (Ex. DUT-FED-060) Open the exhibit

Ex. DUT-FED-061

Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and the Occupational Safety and Health Administration (OSHA) (Apr. 26, 2020)

Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA

Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint), United States (Federal)

Dates: Standing (2020-04-26)
Quarters: 2020 Q22020 Q3
Limitations: Face-covering requirementWorkplace rulesQuarantine and isolationSupply chain
Character: agency guidance recommendation
Grade: Primary source read

CDC's Critical Infrastructure Guidance advises that critical infrastructure workers may be permitted to continue work following potential exposure to COVID-19, provided they remain asymptomatic and additional precautions are implemented to protect them and the community. All meat and poultry processing facilities developing plans for continuing operations in the setting of COVID-19 occurring among workers or in the surrounding community should (1) work directly with appropriate state and local public health officials and occupational safety and health professionals; (2) incorporate relevant aspects of CDC guidance, including but not limited to this document and the CDC's Critical Infrastructure Guidance; and (3) incorporate guidance from other authoritative sources or regulatory bodies as needed.

Enforcement: none in the guidance; the general duty clause supplied the sanction

Citation: Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint), Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and the Occupational Safety and Health Administration (OSHA) (Apr. 26, 2020) (Ex. DUT-FED-061) Open the exhibit

Ex. DUT-FED-062

Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA (updated July 9, 2020)

Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA (Updated July 9, 2020)

Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint), United States (Federal)

Dates: Standing (2020-07-09)
Quarters: 2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Face-covering requirementWorkplace rulesQuarantine and isolation
Character: agency guidance recommendation
Grade: Primary source read

Updated July 9, 2020... critical infrastructure workers may be permitted to continue work following potential exposure to COVID-19, provided they remain asymptomatic, have not had a positive test result for COVID-19, and additional precautions are implemented to protect them and the community.

Enforcement: none in the guidance

Citation: Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint), Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA (updated July 9, 2020) (Ex. DUT-FED-062) Open the exhibit

Ex. DUT-FED-063

Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed COVID-19 (Apr. 8, 2020)

Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed COVID-19

Centers for Disease Control and Prevention, United States (Federal)

Dates: Standing (2020-04-08)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Face-covering requirementWorkplace rulesQuarantine and isolation
Character: agency guidance recommendation
Grade: Primary source read

critical infrastructure workers may be permitted to continue work following potential exposure to COVID-19, provided they remain asymptomatic and additional precautions are implemented to protect them and the community.... Pre-Screen: Employers should measure the employee's temperature and assess symptoms prior to them starting work.... Wear a Mask: The employee should wear a face mask at all times while in the workplace for 14 days after last exposure.... Social Distance: The employee should maintain 6 feet and practice social distancing as work duties permit in the workplace.... Disinfect and Clean work spaces...

Enforcement: none in the guidance

Citation: Centers for Disease Control and Prevention, Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed COVID-19 (Apr. 8, 2020) (Ex. DUT-FED-063) Open the exhibit

Ex. DUT-FED-064

Considerations for Restaurants and Bars (updated May 27, 2020)

Considerations for Restaurants and Bars

Centers for Disease Control and Prevention, United States (Federal)

Dates: Standing (2020-05-27)
Quarters: 2020 Q22020 Q3
Limitations: Capacity limitFace-covering requirementWorkplace rules
Character: agency guidance recommendation
Grade: Primary source read

Updated May 27, 2020. As restaurants and bars resume operations in some areas of the United States, CDC offers the following considerations for ways in which operators can protect employees, customers, and communities and slow the spread of COVID-19. Restaurants and bars can determine, in collaboration with state and local health officials, whether and how to implement these considerations...

Enforcement: none in the guidance

Citation: Centers for Disease Control and Prevention, Considerations for Restaurants and Bars (updated May 27, 2020) (Ex. DUT-FED-064) Open the exhibit

Ex. DUT-FED-065

Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Mar. 13, 2020)

Emergency Declaration Under 49 CFR § 390.23 No. 2020-002

Federal Motor Carrier Safety Administration, United States (Federal)

Dates: Standing (2020-03-13)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Travel and quarantineWorkplace rulesSupply chain
Character: emergency relief with mandatory conditio
Grade: Primary source read

an emergency exists that warrants an exemption from Parts 390 through 399 of the Federal Motor Carrier Safety Regulations... for motor carriers and drivers providing direct assistance in support of emergency relief efforts related to the COVID-19 outbreaks... Direct assistance terminates when a driver or commercial motor vehicle is used in interstate commerce to transport cargo or provide services that are not in support of emergency relief efforts... [the driver] must be permitted at least 10 consecutive hours off duty before the driver is required to return... Nothing contained in this Emergency Declaration shall be construed as an exemption from the controlled substances and alcohol use and testing requirements (49 CFR Part 382), the commercial driver's license requirements (49 CFR Part 383), the financial responsibility (insurance) requirements (49 CFR Part 387), the hazardous…

Enforcement: 49 U.S.C. 521(b)

Citation: Federal Motor Carrier Safety Administration, Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Mar. 13, 2020) (Ex. DUT-FED-065) Open the exhibit

Ex. DUT-FED-066

News release, U.S. Department of Labor Reminds Employers That They Cannot Retaliate Against Workers Reporting Unsafe Conditions During Coronavirus Pandemic (Apr. 8, 2020)

U.S. Department of Labor Reminds Employers That They Cannot Retaliate Against Workers Reporting Unsafe Conditions During Coronavirus Pandemic

Occupational Safety and Health Administration (Principal Deputy Assistant Secretary Loren Sweatt), national news release, United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rules
Character: agency position statement
Grade: Primary source read

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) is reminding employers that it is illegal to retaliate against workers because they report unsafe and unhealthful working conditions during the coronavirus pandemic. Acts of retaliation can include terminations, demotions, denials of overtime or promotion, or reductions in pay or hours. 'Employees have the right to safe and healthy workplaces,' said Principal Deputy Assistant Secretary Loren Sweatt.

Enforcement: 29 U.S.C. 660(c)(2)

Citation: Occupational Safety and Health Administration (Principal Deputy Assistant Secretary Loren Sweatt), national news release, News release, U.S. Department of Labor Reminds Employers That They Cannot Retaliate Against Workers Reporting Unsafe Conditions During Coronavirus Pandemic (Apr. 8, 2020) (standing) (Ex. DUT-FED-066) Open the exhibit

Ex. DUT-FED-067

News release, U.S. Department of Labor's OSHA Announces $3,930,381 In Coronavirus Violations (Jan. 8, 2021)

U.S. Department of Labor's OSHA Announces $3,930,381 In Coronavirus Violations

Occupational Safety and Health Administration, national news release, United States (Federal)

Dates: Standing (2021-01-08)
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Health care ordersWorkplace rules
Character: enforcement record
Grade: Primary source read

Since the start of the coronavirus pandemic through Dec. 31, 2020, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has issued citations arising from 300 inspections for violations relating to coronavirus, resulting in proposed penalties totaling $3,930,381. OSHA inspections have resulted in the agency citing employers for violations, including failures to: Implement a written respiratory protection program; Provide a medical evaluation, respirator fit test, training on the proper use of a respirator and personal protective equipment; Report an injury, illness or fatality; Record an injury or illness on OSHA recordkeeping forms; and Comply with the General Duty Clause of the Occupational Safety and Health Act of 1970.

Enforcement: as stated

Citation: Occupational Safety and Health Administration, national news release, News release, U.S. Department of Labor's OSHA Announces $3,930,381 In Coronavirus Violations (Jan. 8, 2021) (Ex. DUT-FED-067) Open the exhibit

Ex. DUT-FED-069

News release, US Department of Labor cites insurance agency for exposing workers to coronavirus at Denver location where employee died with COVID-19 (Fred Loya Insurance Agency Inc.; Inspection No. 1528139; citation Oct. 1, 2021)

US Department of Labor cites insurance agency for exposing workers to coronavirus at Denver location where employee died with COVID-19

Occupational Safety and Health Administration, Region 8 (Denver Area Office; Area Director Amanda Kupper), United States (Colorado) (Federal)

Dates: Standing (2021-10-01)
Quarters: 2021 Q22021 Q3
Limitations: Workplace rules
Character: enforcement record
Grade: Primary source read

A federal workplace health investigation found that an auto insurance company ignored coronavirus safety requirements and allowed others displaying symptoms to work at the same Denver location where an employee died with COVID-19.... [OSHA] initiated an investigation on April 21, 2021, and found Fred Loya Insurance Agency Inc. did not safely distance employees, failed to implement a health and safety plan and allowed symptomatic workers to remain on site. The company faces $23,406 in proposed penalties.

Enforcement: $23,406 proposed

Citation: Occupational Safety and Health Administration, Region 8 (Denver Area Office; Area Director Amanda Kupper), News release, US Department of Labor cites insurance agency for exposing workers to coronavirus at Denver location where employee died with COVID-19 (Fred Loya Insurance Agency Inc.; Inspection No. 1528139; citation Oct. 1, 2021) (Oct. 7, 2021) (Ex. DUT-FED-069) Open the exhibit

Ex. DUT-FED-070

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated Dec. 16, 2020, adding Section K on vaccinations)

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (updated Dec. 16, 2020)

Equal Employment Opportunity Commission (technical assistance), United States (Federal)

Dates: Standing (2020-12-16)
Quarters: 2020 Q42021 Q12021 Q2
Limitations: Workplace rulesVaccination or testingQuarantine and isolation
Character: agency guidance permissive
Grade: Primary source read

Applying this standard to the current circumstances of the COVID-19 pandemic, employers may take screening steps to determine if employees entering the workplace have COVID-19 because an individual with the virus will pose a direct threat to the health of others. Therefore an employer may choose to administer COVID-19 testing to employees before initially permitting them to enter the workplace and/or periodically to determine if their presence in the workplace poses a direct threat to others.... An employer may exclude those with COVID-19, or symptoms associated with COVID-19, from the workplace because, as EEOC has stated, their presence would pose a direct threat to the health or safety of others.

Enforcement: none; defines what the ADA permits

Citation: Equal Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated Dec. 16, 2020, adding Section K on vaccinations) (Ex. DUT-FED-070) Open the exhibit

Ex. DUT-FED-071

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated May 28, 2021, revising Section K)

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (updated May 28, 2021)

Equal Employment Opportunity Commission (technical assistance), United States (Federal)

Dates: Standing (2021-05-28)
Quarters: 2021 Q22021 Q3
Limitations: Workplace rulesVaccination or testingQuarantine and isolation
Character: agency guidance permissive
Grade: Primary source read

Updated on May 28, 2021.... K.1. Under the ADA, Title VII, and other federal employment nondiscrimination laws, may an employer require all employees physically entering the workplace to be vaccinated for COVID-19? (5/28/21) The federal EEO laws do not prevent an employer from requiring all employees physically entering the workplace to be vaccinated for COVID-19, subject to the reasonable accommodation provisions of Title VII and the ADA and other EEO considerations discussed below.

Enforcement: none

Citation: Equal Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated May 28, 2021, revising Section K) (Ex. DUT-FED-071) Open the exhibit

Ex. DUT-FED-072

Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (as updated June 10, 2021)

Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (updated June 10, 2021)

Occupational Safety and Health Administration, United States (Federal)

Dates: Standing (2021-06-10)
Quarters: 2021 Q22021 Q3
Limitations: Face-covering requirementWorkplace rulesVaccination or testing
Character: agency guidance recommendation
Grade: Primary source read

Unless otherwise required by federal, state, local, tribal, or territorial laws, rules, and regulations, most employers no longer need to take steps to protect their fully vaccinated workers who are not otherwise at-risk from COVID-19 exposure.... CDC advises that most fully vaccinated people can resume activities without wearing masks or physically distancing, except where required by federal, state, local, tribal, or territorial laws, rules and regulations, including local business and workplace guidance.

Enforcement: as the general duty clause provides

Citation: Occupational Safety and Health Administration, Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (as updated June 10, 2021) (Ex. DUT-FED-072) Open the exhibit

Ex. DUT-FED-073

Secretary of Labor v. Ariana Murrell-Rosario d/b/a Liberty Tax Service, OSHRC Docket No. 21-0432, Decision and Order (June 6, 2022)

Decision and Order, OSHRC Docket No. 21-0432 (Liberty Tax Service, Lynn, Massachusetts)

Occupational Safety and Health Review Commission, Chief Administrative Law Judge Covette Rooney, United States (Occupational Safety and Health Review Commission) (Court)

Dates: Standing (2022-06-06)
Quarters: 2021 Q12021 Q2
Limitations: Face-covering requirementWorkplace rules
Character: adjudication
Grade: Primary source read

As a result of the inspection OSHA issued a Citation and Notification of Penalty (Citation) on April 8, 2021, for an alleged willful violation of section 5(a)(1) (general duty clause) of the OSH Act with a proposed penalty of $136,532. The Citation alleged Respondent had not protected its employees from the recognized hazard of SARS-CoV-2 (severe acute respiratory syndrome coronavirus 2), the virus that causes COVID-19.... For the reasons set forth below, the undersigned affirms the willful violation of the General Duty Clause and assesses a penalty of $95,500.... As set forth above, the Secretary has proved Respondent violated section 5(a)(1) of the Act... ORDER... Citation 1, Item 1, alleging a Willful violation of section 5 (a)(1) of the OSH Act is AFFIRMED and a penalty of $95,500 is ASSESSED.

Enforcement: $95,500 assessed (of $136,532 proposed)

Citation: Occupational Safety and Health Review Commission, Chief Administrative Law Judge Covette Rooney, Secretary of Labor v. Ariana Murrell-Rosario d/b/a Liberty Tax Service, OSHRC Docket No. 21-0432, Decision and Order (June 6, 2022) (Ex. DUT-FED-073) Open the exhibit

6. Partial suspension, element by element, for this business

This section applies the five-step test of section 3 to a business in Pennsylvania with the instruments this report found for the quarters selected and no others: the order; the function of the business it reached; the change it compelled, in its own words; the days of the quarter on which it was in force; and the statute's answer. Where the Library holds only federal-layer and standing-duty instruments for a quarter, the section says so and applies the test to those instruments.

Third quarter of 2021 (July 1, 2021 to Sept. 30, 2021)

Step one, the orders. In the third quarter of 2021 the Library holds 249 instruments in force for this selection: 22 instruments from the State of Pennsylvania (Department of State, BPOA / State Board of Funeral Directors (suspension granted by Governor Wolf), Department of State summary: Temporary Waiver of Rule for Funeral Home Directors During Coronavirus Emergency (Mar. 30, 2020) (Ex. PA-095); Department of State, Bureau of Professional and Occupational Affairs (suspension granted by Governor Wolf under 35 Pa.C.S. § 7301(f)), Department of State summary: Pennsylvania Authorizes Licensed Health Care Professionals to Provide Services via Telemedicine During Coronavirus Emergency (Mar. 18, 2020) (Ex. PA-091); Department of State, BPOA / State Board of Nursing (suspension granted by Governor Wolf), Department of State summary: Pennsylvania Waives Some Nurse Licensing Requirements During Coronavirus Emergency (nursing omnibus requirement waiver) (Mar. 20, 2020) (Ex. PA-092); and 19 more), 16 instruments from the agencies, boards and authorities of Pennsylvania (Pennsylvania Turnpike Commission, Pennsylvania Turnpike Commission suspension of cash toll collection statewide effective 8 p.m., Mar. 16, 2020 (temporary safety measure; converted to permanent all-electronic tolling in June 2020) (Ex. AGY-AVIATION-SURFACE-051); Rachel Levine, MD, Secretary of Health, Order of the Secretary of the Pennsylvania Department of Health Requiring Hospitals to Make Daily Reports of Specified Data Regarding Supplies and Equipment (Mar. 24, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-070); Rachel Levine, MD, Secretary of Health, Amended Order of the Secretary of the Pennsylvania Department of Health Requiring Ambulatory Surgical Facilities to Make Daily Reports of Specified Data Regarding Supplies and Equipment (Apr. 1, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-018); and 13 more), 167 federal instruments (Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290); U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398); Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031); and 164 more) and 44 standing duties (Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001); Congress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002); and 42 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions, in the Library's own labels: HR (Ex. PA-098); CB patient base (Ex. AGY-ST-HEALTH-SUBORDERS-003); OF administration (Ex. AGY-ST-HEALTH-SUBORDERS-070); OF reporting (Ex. AGY-ST-HEALTH-SUBORDERS-011); WF (Ex. AGY-AVIATION-SURFACE-051); IC (Ex. PA-044); IC infection control data (Ex. AGY-ST-HEALTH-SUBORDERS-069); OF (Ex. PA-044); WF workforce (Ex. AGY-ST-HEALTH-SUBORDERS-003); CL scheduling (Ex. AGY-ST-HEALTH-SUBORDERS-006).

Step three, the change compelled. Department of State, BPOA / State Board of Funeral Directors (suspension granted by Governor Wolf), Department of State summary: Temporary Waiver of Rule for Funeral Home Directors During Coronavirus Emergency (Mar. 30, 2020) (Ex. PA-095) ordered: "Temporary Waiver of Rule for Funeral Home Directors During Coronavirus Emergency. Summary: Federal guidelines advise social distancing that includes restricting public gatherings, including funerals, to no more than 10 people due to the coronavirus outbreak. This is making it difficult for funeral…" Enforcement: State Board of Funeral Directors Pennsylvania Turnpike Commission, Pennsylvania Turnpike Commission suspension of cash toll collection statewide effective 8 p.m., Mar. 16, 2020 (temporary safety measure; converted to permanent all-electronic tolling in June 2020) (Ex. AGY-AVIATION-SURFACE-051) ordered: ""The Pennsylvania Turnpike Commission is alerting motorists that cash will not be accepted at any interchange statewide beginning tonight at 8 p.m. This is a temporary safety measure to keep travelers moving with no need to stop at tollbooths or interact with tolling personnel during the COVID-[19…" Enforcement: 75 Pa.C.S. § 6110 and 36 P.S. § 652 (toll evasion; TOLL BY PLATE invoicing and registration suspension under 75 Pa.C.S. § 1380) Department of State, Bureau of Professional and Occupational Affairs (suspension granted by Governor Wolf under 35 Pa.C.S. § 7301(f)), Department of State summary: Pennsylvania Authorizes Licensed Health Care Professionals to Provide Services via Telemedicine During Coronavirus Emergency (Mar. 18, 2020) (Ex. PA-091) ordered: "Pennsylvania Authorizes Licensed Health Care Professionals to Provide Services via Telemedicine During Coronavirus Emergency... [the Governor granted the Department of State's request to allow practitioners] licensed under any of the Department of State's Bureau of Professional and Occupational…" Enforcement: Licensing boards The operative words of every other instrument of the quarter are quoted in section 5.

Step four, the quarter. The quarter's record runs from July 1, 2021 to Sept. 30, 2021, 92 days. Department of State summary: Temporary Waiver of Rule for Funeral Home Directors During… (Ex. PA-095) was in force from Mar. 30, 2020 to Sept. 30, 2021, 92 of the quarter's 92 days; Department of State summary: Pennsylvania Authorizes Licensed Health Care Professionals to… (Ex. PA-091) was in force from Mar. 18, 2020 to Sept. 30, 2021, 92 of the quarter's 92 days; Department of State summary: Pennsylvania Waives Some Nurse Licensing Requirements During… (Ex. PA-092) was in force from Mar. 20, 2020 to Sept. 30, 2021, 92 of the quarter's 92 days. Of the 38 instruments in the quarter's record, 21 were in force on its first day, 25 on its last day and 13 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of the business; each change compelled in step three is a delay, interruption or termination of that portion; and but for the orders, no law required it. On the definitions the United States agreed to and the court adopted in Tri-State, the operation was partially suspended during the third quarter of 2021 due to orders from an appropriate governmental authority limiting commerce, travel or group meetings due to COVID-19. The statute asks nothing further: not whether the business was essential or stayed open, not whether it could telework, not whose customers the orders addressed, and not for a percentage.

7. Exhibit list

Every instrument cited in this report, by exhibit identifier: 236 records, of which The COVID Project holds the document for 233. The record URL opens the instrument's page in the Library; the exhibit URL opens the document itself where it is held.

Exhibit	Instrument	Issuer	Date	Citation	Record URL	Exhibit file
Ex. AGY-AVIATION-SURFACE-051	Pennsylvania Turnpike Commission suspension of cash toll collection statewide effective 8 p.m., Mar. 16, 2020 (temporary safety measure; converted to permanent…	Pennsylvania Turnpike Commission	Mar. 16, 2020	Pennsylvania Turnpike Commission, Pennsylvania Turnpike Commission suspension of cash toll collection statewide effective 8 p.m., Mar. 16, 2020 (temporary safety measure; converted to permanent all-electronic tolling in June 2020) (Ex. AGY-AVIATION-SURFACE-051)	/library/AGY-AVIATION-SURFACE-051	/exhibit/AGY-AVIATION-SURFACE-051
Ex. AGY-AVIATION-SURFACE-052	Pennsylvania Turnpike Commission action of July 21, 2020 approving 2021 toll increases and new TOLL BY PLATE rates, reciting the June 2020 permanent conversion…	Pennsylvania Turnpike Commission	July 21, 2020	Pennsylvania Turnpike Commission, Pennsylvania Turnpike Commission action of July 21, 2020 approving 2021 toll increases and new TOLL BY PLATE rates, reciting the June 2020 permanent conversion to all-electronic tolling and the COVID-19 deferral of Act 44 payments (Ex. AGY-AVIATION-SURFACE-052)	/library/AGY-AVIATION-SURFACE-052	/exhibit/AGY-AVIATION-SURFACE-052
Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-036	Pennsylvania Convention Center Re-Activation Framework (updated June 2021)	Pennsylvania Convention Center Authority and ASM Global	June 1, 2021	Pennsylvania Convention Center Authority and ASM Global, Pennsylvania Convention Center Re-Activation Framework (updated June 2021) (June 1, 2021) (Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-036)	/library/AGY-LOCAL-DISTRICTS-AUTHORITIES-036	/exhibit/AGY-LOCAL-DISTRICTS-AUTHORITIES-036
Ex. AGY-ST-HEALTH-SUBORDERS-003	Order of the Acting Secretary of the Pennsylvania Department of Health Directing Vaccine Providers' Administration of COVID-19 Vaccines	Alison V. Beam, Acting Secretary of Health	Feb. 12, 2021	Alison V. Beam, Acting Secretary of Health, Order of the Acting Secretary of the Pennsylvania Department of Health Directing Vaccine Providers' Administration of COVID-19 Vaccines (Feb. 12, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-003)	/library/AGY-ST-HEALTH-SUBORDERS-003	/exhibit/AGY-ST-HEALTH-SUBORDERS-003
Ex. AGY-ST-HEALTH-SUBORDERS-004	First Amendment to the Order of the Acting Secretary of the Pennsylvania Department of Health Directing Vaccine Providers' Administration of COVID-19 Vaccines	Alison V. Beam, Acting Secretary of Health	Mar. 15, 2021	Alison V. Beam, Acting Secretary of Health, First Amendment to the Order of the Acting Secretary of the Pennsylvania Department of Health Directing Vaccine Providers' Administration of COVID-19 Vaccines (Mar. 15, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-004)	/library/AGY-ST-HEALTH-SUBORDERS-004	/exhibit/AGY-ST-HEALTH-SUBORDERS-004
Ex. AGY-ST-HEALTH-SUBORDERS-005	Second Amendment to the Order of the Acting Secretary of the Pennsylvania Department of Health Directing Vaccine Providers' Administration of COVID-19 Vaccines	Alison V. Beam, Acting Secretary of Health	Mar. 25, 2021	Alison V. Beam, Acting Secretary of Health, Second Amendment to the Order of the Acting Secretary of the Pennsylvania Department of Health Directing Vaccine Providers' Administration of COVID-19 Vaccines (Mar. 25, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-005)	/library/AGY-ST-HEALTH-SUBORDERS-005	/exhibit/AGY-ST-HEALTH-SUBORDERS-005
Ex. AGY-ST-HEALTH-SUBORDERS-006	Third Amendment to the Order of the Acting Secretary of the Pennsylvania Department of Health Directing Vaccine Providers' Administration of COVID-19 Vaccines	Alison V. Beam, Acting Secretary of Health	Apr. 26, 2021	Alison V. Beam, Acting Secretary of Health, Third Amendment to the Order of the Acting Secretary of the Pennsylvania Department of Health Directing Vaccine Providers' Administration of COVID-19 Vaccines (Apr. 26, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-006)	/library/AGY-ST-HEALTH-SUBORDERS-006	/exhibit/AGY-ST-HEALTH-SUBORDERS-006
Ex. AGY-ST-HEALTH-SUBORDERS-007	Order of the Acting Secretary of the Pennsylvania Department of Health Directing Vaccine Providers Support of COVID-19 Vaccination Clinics at Institutions of…	Alison V. Beam, Acting Secretary of Health	Aug. 13, 2021	Alison V. Beam, Acting Secretary of Health, Order of the Acting Secretary of the Pennsylvania Department of Health Directing Vaccine Providers Support of COVID-19 Vaccination Clinics at Institutions of Higher Education and School Entities (Aug. 13, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-007)	/library/AGY-ST-HEALTH-SUBORDERS-007	/exhibit/AGY-ST-HEALTH-SUBORDERS-007
Ex. AGY-ST-HEALTH-SUBORDERS-008	Order of the Acting Secretary of the Pennsylvania Department of Health Directing Vaccine Providers to Support Continued Vaccine Administration	Alison V. Beam, Acting Secretary of Health	Sept. 21, 2021	Alison V. Beam, Acting Secretary of Health, Order of the Acting Secretary of the Pennsylvania Department of Health Directing Vaccine Providers to Support Continued Vaccine Administration (Sept. 21, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-008)	/library/AGY-ST-HEALTH-SUBORDERS-008	/exhibit/AGY-ST-HEALTH-SUBORDERS-008
Ex. AGY-ST-HEALTH-SUBORDERS-009	Order of the Secretary of Health Requiring Reporting of Data Related to Each Administration of an Immunization for COVID-19	Rachel L. Levine, MD, Secretary of Health	Dec. 14, 2020	Rachel L. Levine, MD, Secretary of Health, Order of the Secretary of Health Requiring Reporting of Data Related to Each Administration of an Immunization for COVID-19 (Dec. 14, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-009)	/library/AGY-ST-HEALTH-SUBORDERS-009	/exhibit/AGY-ST-HEALTH-SUBORDERS-009
Ex. AGY-ST-HEALTH-SUBORDERS-011	Order of the Secretary of Health Requiring All Persons Submitting, Performing or Reporting COVID-19 Antigen Tests to Report Results	Rachel L. Levine, MD, Secretary of Health	Oct. 13, 2020	Rachel L. Levine, MD, Secretary of Health, Order of the Secretary of Health Requiring All Persons Submitting, Performing or Reporting COVID-19 Antigen Tests to Report Results (Oct. 13, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-011)	/library/AGY-ST-HEALTH-SUBORDERS-011	/exhibit/AGY-ST-HEALTH-SUBORDERS-011
Ex. AGY-ST-HEALTH-SUBORDERS-015	Order of the Acting Secretary of the Pennsylvania Department of Health Authorizing COVID-19 Diagnostic Rapid Antigen Testing in K-12 Schools	Alison V. Beam, Acting Secretary of Health	Aug. 31, 2021	Alison V. Beam, Acting Secretary of Health, Order of the Acting Secretary of the Pennsylvania Department of Health Authorizing COVID-19 Diagnostic Rapid Antigen Testing in K-12 Schools (Aug. 31, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-015)	/library/AGY-ST-HEALTH-SUBORDERS-015	/exhibit/AGY-ST-HEALTH-SUBORDERS-015
Ex. AGY-ST-HEALTH-SUBORDERS-018	Amended Order of the Secretary of the Pennsylvania Department of Health Requiring Ambulatory Surgical Facilities to Make Daily Reports of Specified Data…	Rachel Levine, MD, Secretary of Health	Apr. 1, 2020	Rachel Levine, MD, Secretary of Health, Amended Order of the Secretary of the Pennsylvania Department of Health Requiring Ambulatory Surgical Facilities to Make Daily Reports of Specified Data Regarding Supplies and Equipment (Apr. 1, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-018)	/library/AGY-ST-HEALTH-SUBORDERS-018	/exhibit/AGY-ST-HEALTH-SUBORDERS-018
Ex. AGY-ST-HEALTH-SUBORDERS-068	Updated Order of the Acting Secretary of the Pennsylvania Department of Health Directing Vaccine Providers' Administration of COVID-19 Vaccines	Alison V. Beam, Acting Secretary of Health	July 26, 2021	Alison V. Beam, Acting Secretary of Health, Updated Order of the Acting Secretary of the Pennsylvania Department of Health Directing Vaccine Providers' Administration of COVID-19 Vaccines (July 26, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-068)	/library/AGY-ST-HEALTH-SUBORDERS-068	/exhibit/AGY-ST-HEALTH-SUBORDERS-068
Ex. AGY-ST-HEALTH-SUBORDERS-069	Amended Order of the Secretary of the Pennsylvania Department of Health Requiring Skilled Nursing Care Facilities to Make Daily Reports of Specified Data…	Rachel L. Levine, MD, Secretary of Health	Dec. 24, 2020	Rachel L. Levine, MD, Secretary of Health, Amended Order of the Secretary of the Pennsylvania Department of Health Requiring Skilled Nursing Care Facilities to Make Daily Reports of Specified Data Regarding Supplies and Equipment (Dec. 24, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-069)	/library/AGY-ST-HEALTH-SUBORDERS-069	/exhibit/AGY-ST-HEALTH-SUBORDERS-069
Ex. AGY-ST-HEALTH-SUBORDERS-070	Order of the Secretary of the Pennsylvania Department of Health Requiring Hospitals to Make Daily Reports of Specified Data Regarding Supplies and Equipment	Rachel Levine, MD, Secretary of Health	Mar. 24, 2020	Rachel Levine, MD, Secretary of Health, Order of the Secretary of the Pennsylvania Department of Health Requiring Hospitals to Make Daily Reports of Specified Data Regarding Supplies and Equipment (Mar. 24, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-070)	/library/AGY-ST-HEALTH-SUBORDERS-070	/exhibit/AGY-ST-HEALTH-SUBORDERS-070
Ex. DUT-AL-009	29 U.S.C. § 654(a)(1)-(2) (the general duty clause)	Congress of the United States (Occupational Safety and Health Act of 1970, § 5)	standing	Congress of the United States (Occupational Safety and Health Act of 1970, § 5), 29 U.S.C. § 654(a)(1)-(2) (the general duty clause) (standing) (Ex. DUT-AL-009)	/library/DUT-AL-009	/exhibit/DUT-AL-009
Ex. DUT-AR-011	29 U.S.C. 654, Duties of employers and employees (the general duty clause)	Congress of the United States (Occupational Safety and Health Act of 1970, Pub. L. 91-596, sec. 5)	standing	Congress of the United States (Occupational Safety and Health Act of 1970, Pub. L. 91-596, sec. 5), 29 U.S.C. 654, Duties of employers and employees (the general duty clause) (standing) (Ex. DUT-AR-011)	/library/DUT-AR-011	/exhibit/DUT-AR-011
Ex. DUT-CO-009	29 U.S.C. § 654(a)(1) (general duty clause)	Congress (Occupational Safety and Health Act of 1970, § 5(a)); text as published in the United States Code, 2020 edition (Office of the Law Revision Counsel via GovInfo)	standing	Congress (Occupational Safety and Health Act of 1970, § 5(a)); text as published in the United States Code, 2020 edition (Office of the Law Revision Counsel via GovInfo), 29 U.S.C. § 654(a)(1) (general duty clause) (standing) (Ex. DUT-CO-009)	/library/DUT-CO-009	/exhibit/DUT-CO-009
Ex. DUT-FED-001	29 U.S.C. 654 (OSH Act § 5, the general duty clause)	Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593)	standing	Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001)	/library/DUT-FED-001	/exhibit/DUT-FED-001
Ex. DUT-FED-002	29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation)	Congress (OSH Act § 11(c))	standing	Congress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002)	/library/DUT-FED-002	/exhibit/DUT-FED-002
Ex. DUT-FED-003	29 C.F.R. 1910.132 (personal protective equipment, general requirements)	Occupational Safety and Health Administration (standard promulgated under 29 U.S.C. 655)	standing	Occupational Safety and Health Administration (standard promulgated under 29 U.S.C. 655), 29 C.F.R. 1910.132 (personal protective equipment, general requirements) (standing) (Ex. DUT-FED-003)	/library/DUT-FED-003	/exhibit/DUT-FED-003
Ex. DUT-FED-004	29 C.F.R. 1910.134 (respiratory protection)	Occupational Safety and Health Administration	standing	Occupational Safety and Health Administration, 29 C.F.R. 1910.134 (respiratory protection) (standing) (Ex. DUT-FED-004)	/library/DUT-FED-004	/exhibit/DUT-FED-004
Ex. DUT-FED-005	29 C.F.R. 1910.141 (sanitation)	Occupational Safety and Health Administration	standing	Occupational Safety and Health Administration, 29 C.F.R. 1910.141 (sanitation) (standing) (Ex. DUT-FED-005)	/library/DUT-FED-005	/exhibit/DUT-FED-005
Ex. DUT-FED-006	29 C.F.R. part 1904 (recording and reporting occupational injuries and illnesses), §§ 1904.4, 1904.5, 1904.7, 1904.39	Occupational Safety and Health Administration	standing	Occupational Safety and Health Administration, 29 C.F.R. part 1904 (recording and reporting occupational injuries and illnesses), §§ 1904.4, 1904.5, 1904.7, 1904.39 (standing) (Ex. DUT-FED-006)	/library/DUT-FED-006	/exhibit/DUT-FED-006
Ex. DUT-FED-007	29 C.F.R. 1910.1030 (bloodborne pathogens)	Occupational Safety and Health Administration	standing	Occupational Safety and Health Administration, 29 C.F.R. 1910.1030 (bloodborne pathogens) (standing) (Ex. DUT-FED-007)	/library/DUT-FED-007	/exhibit/DUT-FED-007
Ex. DUT-FED-008	29 C.F.R. part 1977 (discrimination against employees exercising rights under the OSH Act), § 1977.12(b)(2)	Occupational Safety and Health Administration (interpretive regulations under OSH Act § 11(c))	standing	Occupational Safety and Health Administration (interpretive regulations under OSH Act § 11(c)), 29 C.F.R. part 1977 (discrimination against employees exercising rights under the OSH Act), § 1977.12(b)(2) (standing) (Ex. DUT-FED-008)	/library/DUT-FED-008	/exhibit/DUT-FED-008
Ex. DUT-FED-009	OSHA COVID-19 'Standards' page (statement of the general duty clause and the standing standards applicable to SARS-CoV-2)	Occupational Safety and Health Administration (agency web publication, COVID-19 Safety and Health Topics, 'Standards')	standing	Occupational Safety and Health Administration (agency web publication, COVID-19 Safety and Health Topics, 'Standards'), OSHA COVID-19 'Standards' page (statement of the general duty clause and the standing standards applicable to SARS-CoV-2) (standing) (Ex. DUT-FED-009)	/library/DUT-FED-009	/exhibit/DUT-FED-009
Ex. DUT-FED-010	Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (posted Jan. 29, 2021)	Occupational Safety and Health Administration (issued under Executive Order 13999 § 2(a))	standing	Occupational Safety and Health Administration (issued under Executive Order 13999 § 2(a)), Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (posted Jan. 29, 2021) (Ex. DUT-FED-010)	/library/DUT-FED-010	/exhibit/DUT-FED-010
Ex. DUT-FED-011	Protecting Workers guidance, as updated August 13, 2021	Occupational Safety and Health Administration	standing	Occupational Safety and Health Administration, Protecting Workers guidance, as updated August 13, 2021 (Aug. 13, 2021) (Ex. DUT-FED-011)	/library/DUT-FED-011	/exhibit/DUT-FED-011
Ex. DUT-FED-013	Guidance on Returning to Work (OSHA 4045, June 2020)	Occupational Safety and Health Administration	standing	Occupational Safety and Health Administration, Guidance on Returning to Work (OSHA 4045, June 2020) (June 17, 2020) (Ex. DUT-FED-013)	/library/DUT-FED-013	/exhibit/DUT-FED-013
Ex. DUT-FED-015	Citation and Notification of Penalty, Smithfield Packaged Meats Corp., Sioux Falls, SD (general duty clause, one serious violation)	OSHA, Sioux Falls Area Office (enforcement record: inspection detail, Inspection No. 1472736)	standing	OSHA, Sioux Falls Area Office (enforcement record: inspection detail, Inspection No. 1472736), Citation and Notification of Penalty, Smithfield Packaged Meats Corp., Sioux Falls, SD (general duty clause, one serious violation) (Sept. 9, 2020) (Ex. DUT-FED-015)	/library/DUT-FED-015	/exhibit/DUT-FED-015
Ex. DUT-FED-016	Citation and Notification of Penalty, JBS Foods Inc. (Swift Beef Co.), Greeley, CO (general duty clause, serious; plus other-than-serious)	OSHA, Denver Area Office (Inspection No. 1475131)	standing	OSHA, Denver Area Office (Inspection No. 1475131), Citation and Notification of Penalty, JBS Foods Inc. (Swift Beef Co.), Greeley, CO (general duty clause, serious; plus other-than-serious) (Sept. 11, 2020) (Ex. DUT-FED-016)	/library/DUT-FED-016	/exhibit/DUT-FED-016
Ex. DUT-FED-017	Citation, Midwest Warehouse and Distribution System Inc., Naperville, IL (general duty clause)	OSHA, Naperville/Chicago North Area Office (Inspection No. 1501560)	standing	OSHA, Naperville/Chicago North Area Office (Inspection No. 1501560), Citation, Midwest Warehouse and Distribution System Inc., Naperville, IL (general duty clause) (Apr. 22, 2021) (Ex. DUT-FED-017)	/library/DUT-FED-017	/exhibit/DUT-FED-017
Ex. DUT-FED-018	Citation, Somerset Dental Group, Glastonbury, CT (respiratory protection)	OSHA, Hartford Area Office (Inspection No. 1505094)	standing	OSHA, Hartford Area Office (Inspection No. 1505094), Citation, Somerset Dental Group, Glastonbury, CT (respiratory protection) (Apr. 15, 2021) (Ex. DUT-FED-018)	/library/DUT-FED-018	/exhibit/DUT-FED-018
Ex. DUT-FED-019	Citation, Wintonbury Care Center, Bloomfield, CT (respiratory protection; reporting)	OSHA, Hartford Area Office (Inspection No. 1472908)	standing	OSHA, Hartford Area Office (Inspection No. 1472908), Citation, Wintonbury Care Center, Bloomfield, CT (respiratory protection; reporting) (Oct. 9, 2020) (Ex. DUT-FED-019)	/library/DUT-FED-019	/exhibit/DUT-FED-019
Ex. DUT-FED-020	Common COVID-19 Citations: Helping Employers Better Protect Workers and Comply with OSHA Regulations (Nov. 2020)	Occupational Safety and Health Administration	standing	Occupational Safety and Health Administration, Common COVID-19 Citations: Helping Employers Better Protect Workers and Comply with OSHA Regulations (Nov. 2020) (standing) (Ex. DUT-FED-020)	/library/DUT-FED-020	/exhibit/DUT-FED-020
Ex. DUT-FED-021	Citation, Hackensack Meridian Health Jersey Shore University Medical Center, Neptune, NJ (respiratory protection; recordkeeping)	OSHA, Avenel Area Office (Inspection No. 1480762)	standing	OSHA, Avenel Area Office (Inspection No. 1480762), Citation, Hackensack Meridian Health Jersey Shore University Medical Center, Neptune, NJ (respiratory protection; recordkeeping) (Dec. 8, 2020) (Ex. DUT-FED-021)	/library/DUT-FED-021	/exhibit/DUT-FED-021
Ex. DUT-FED-022	Citation, United States Postal Service, Washington, DC (general duty clause)	OSHA, Baltimore/Washington Area Office (Inspection No. 1522210)	standing	OSHA, Baltimore/Washington Area Office (Inspection No. 1522210), Citation, United States Postal Service, Washington, DC (general duty clause) (Apr. 20, 2021) (Ex. DUT-FED-022)	/library/DUT-FED-022	/exhibit/DUT-FED-022
Ex. DUT-FED-023	42 C.F.R. 483.80 (infection control; COVID-19 reporting; COVID-19 testing)	Centers for Medicare & Medicaid Services (condition of participation for long-term care facilities)	standing	Centers for Medicare & Medicaid Services (condition of participation for long-term care facilities), 42 C.F.R. 483.80 (infection control; COVID-19 reporting; COVID-19 testing) (standing) (Ex. DUT-FED-023)	/library/DUT-FED-023	/exhibit/DUT-FED-023
Ex. DUT-FED-024	42 C.F.R. 482.42 (hospital infection prevention and control and antibiotic stewardship programs; COVID-19 reporting)	Centers for Medicare & Medicaid Services (hospital condition of participation)	standing	Centers for Medicare & Medicaid Services (hospital condition of participation), 42 C.F.R. 482.42 (hospital infection prevention and control and antibiotic stewardship programs; COVID-19 reporting) (standing) (Ex. DUT-FED-024)	/library/DUT-FED-024	/exhibit/DUT-FED-024
Ex. DUT-FED-025	42 U.S.C. 247d-6d (PREP Act targeted liability protections)	Congress (Public Readiness and Emergency Preparedness Act, Pub. L. 109-148, div. C, § 2 (2005), as amended by the CARES Act § 3103)	standing	Congress (Public Readiness and Emergency Preparedness Act, Pub. L. 109-148, div. C, § 2 (2005), as amended by the CARES Act § 3103), 42 U.S.C. 247d-6d (PREP Act targeted liability protections) (standing) (Ex. DUT-FED-025)	/library/DUT-FED-025	/exhibit/DUT-FED-025
Ex. DUT-FED-026	Advisory Opinion 20-04 on the Public Readiness and Emergency Preparedness Act and the Secretary's Declaration under the Act (Oct. 22, 2020, as modified Oct. 23…	Department of Health and Human Services, Office of the General Counsel (Robert P. Charrow, General Counsel)	standing	Department of Health and Human Services, Office of the General Counsel (Robert P. Charrow, General Counsel), Advisory Opinion 20-04 on the Public Readiness and Emergency Preparedness Act and the Secretary's Declaration under the Act (Oct. 22, 2020, as modified Oct. 23, 2020) (standing) (Ex. DUT-FED-026)	/library/DUT-FED-026	/exhibit/DUT-FED-026
Ex. DUT-FED-027	Fourth Amendment to the Declaration Under the PREP Act for Medical Countermeasures Against COVID-19 and Republication of the Declaration, 85 Fed. Reg. 79190	Secretary of Health and Human Services (Alex M. Azar II)	standing	Secretary of Health and Human Services (Alex M. Azar II), Fourth Amendment to the Declaration Under the PREP Act for Medical Countermeasures Against COVID-19 and Republication of the Declaration, 85 Fed. Reg. 79190 (Dec. 3, 2020) (Ex. DUT-FED-027)	/library/DUT-FED-027	/exhibit/DUT-FED-027
Ex. DUT-FED-029	Safety Alert for Operators (SAFO) 20009, COVID-19: Updated Interim Occupational Health and Safety Guidance for Air Carriers and Crews	Federal Aviation Administration, Flight Standards Service (with the CDC)	standing	Federal Aviation Administration, Flight Standards Service (with the CDC), Safety Alert for Operators (SAFO) 20009, COVID-19: Updated Interim Occupational Health and Safety Guidance for Air Carriers and Crews (Apr. 17, 2020) (Ex. DUT-FED-029)	/library/DUT-FED-029	/exhibit/DUT-FED-029
Ex. DUT-FED-030	What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (technical assistance Q&A, as updated Sept. 8, 2020)	Equal Employment Opportunity Commission (technical assistance)	standing	Equal Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (technical assistance Q&A, as updated Sept. 8, 2020) (Ex. DUT-FED-030)	/library/DUT-FED-030	/exhibit/DUT-FED-030
Ex. DUT-FED-031	42 U.S.C. 12113 (ADA defenses; direct threat)	Congress (Americans with Disabilities Act § 103)	standing	Congress (Americans with Disabilities Act § 103), 42 U.S.C. 12113 (ADA defenses; direct threat) (standing) (Ex. DUT-FED-031)	/library/DUT-FED-031	/exhibit/DUT-FED-031
Ex. DUT-FED-032	29 C.F.R. 1630.2(r) (definition of direct threat)	Equal Employment Opportunity Commission (regulation)	standing	Equal Employment Opportunity Commission (regulation), 29 C.F.R. 1630.2(r) (definition of direct threat) (standing) (Ex. DUT-FED-032)	/library/DUT-FED-032	/exhibit/DUT-FED-032
Ex. DUT-FED-033	29 C.F.R. 1630.15 (defenses; direct threat as a qualification standard)	Equal Employment Opportunity Commission (regulation)	standing	Equal Employment Opportunity Commission (regulation), 29 C.F.R. 1630.15 (defenses; direct threat as a qualification standard) (standing) (Ex. DUT-FED-033)	/library/DUT-FED-033	/exhibit/DUT-FED-033
Ex. DUT-FED-034	Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19) (as revised March 21, 2020)	Centers for Disease Control and Prevention	standing	Centers for Disease Control and Prevention, Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19) (as revised March 21, 2020) (Mar. 21, 2020) (Ex. DUT-FED-034)	/library/DUT-FED-034	/exhibit/DUT-FED-034
Ex. DUT-FED-035	Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020 (as revised May 6, 2020)	Centers for Disease Control and Prevention	standing	Centers for Disease Control and Prevention, Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020 (as revised May 6, 2020) (Ex. DUT-FED-035)	/library/DUT-FED-035	/exhibit/DUT-FED-035
Ex. DUT-FED-037	Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Relating to COVID-19), March 18, 2020	Federal Motor Carrier Safety Administration (Jim Mullen, Acting Administrator)	standing	Federal Motor Carrier Safety Administration (Jim Mullen, Acting Administrator), Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Relating to COVID-19), March 18, 2020 (Mar. 18, 2020) (Ex. DUT-FED-037)	/library/DUT-FED-037	/exhibit/DUT-FED-037
Ex. DUT-FED-060	Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the Coronavirus Disease 2019 (COVID-19) Pandemic (updated July 15…	Centers for Disease Control and Prevention	standing	Centers for Disease Control and Prevention, Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the Coronavirus Disease 2019 (COVID-19) Pandemic (updated July 15, 2020) (Ex. DUT-FED-060)	/library/DUT-FED-060	/exhibit/DUT-FED-060
Ex. DUT-FED-061	Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and the Occupational Safety and Health Administration (OSHA) (Apr. 26, 2020)	Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint)	standing	Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint), Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and the Occupational Safety and Health Administration (OSHA) (Apr. 26, 2020) (Ex. DUT-FED-061)	/library/DUT-FED-061	/exhibit/DUT-FED-061
Ex. DUT-FED-062	Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA (updated July 9, 2020)	Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint)	standing	Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint), Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA (updated July 9, 2020) (Ex. DUT-FED-062)	/library/DUT-FED-062	/exhibit/DUT-FED-062
Ex. DUT-FED-063	Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed…	Centers for Disease Control and Prevention	standing	Centers for Disease Control and Prevention, Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed COVID-19 (Apr. 8, 2020) (Ex. DUT-FED-063)	/library/DUT-FED-063	/exhibit/DUT-FED-063
Ex. DUT-FED-064	Considerations for Restaurants and Bars (updated May 27, 2020)	Centers for Disease Control and Prevention	standing	Centers for Disease Control and Prevention, Considerations for Restaurants and Bars (updated May 27, 2020) (Ex. DUT-FED-064)	/library/DUT-FED-064	/exhibit/DUT-FED-064
Ex. DUT-FED-065	Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Mar. 13, 2020)	Federal Motor Carrier Safety Administration	standing	Federal Motor Carrier Safety Administration, Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Mar. 13, 2020) (Ex. DUT-FED-065)	/library/DUT-FED-065	/exhibit/DUT-FED-065
Ex. DUT-FED-066	News release, U.S. Department of Labor Reminds Employers That They Cannot Retaliate Against Workers Reporting Unsafe Conditions During Coronavirus Pandemic…	Occupational Safety and Health Administration (Principal Deputy Assistant Secretary Loren Sweatt), national news release	standing	Occupational Safety and Health Administration (Principal Deputy Assistant Secretary Loren Sweatt), national news release, News release, U.S. Department of Labor Reminds Employers That They Cannot Retaliate Against Workers Reporting Unsafe Conditions During Coronavirus Pandemic (Apr. 8, 2020) (standing) (Ex. DUT-FED-066)	/library/DUT-FED-066	/exhibit/DUT-FED-066
Ex. DUT-FED-067	News release, U.S. Department of Labor's OSHA Announces $3,930,381 In Coronavirus Violations (Jan. 8, 2021)	Occupational Safety and Health Administration, national news release	standing	Occupational Safety and Health Administration, national news release, News release, U.S. Department of Labor's OSHA Announces $3,930,381 In Coronavirus Violations (Jan. 8, 2021) (Ex. DUT-FED-067)	/library/DUT-FED-067	/exhibit/DUT-FED-067
Ex. DUT-FED-069	News release, US Department of Labor cites insurance agency for exposing workers to coronavirus at Denver location where employee died with COVID-19 (Fred Loya…	Occupational Safety and Health Administration, Region 8 (Denver Area Office; Area Director Amanda Kupper)	standing	Occupational Safety and Health Administration, Region 8 (Denver Area Office; Area Director Amanda Kupper), News release, US Department of Labor cites insurance agency for exposing workers to coronavirus at Denver location where employee died with COVID-19 (Fred Loya Insurance Agency Inc.; Inspection No. 1528139; citation Oct. 1, 2021) (Oct. 7, 2021) (Ex. DUT-FED-069)	/library/DUT-FED-069	/exhibit/DUT-FED-069
Ex. DUT-FED-070	What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated Dec. 16, 2020, adding Section K on vaccinations)	Equal Employment Opportunity Commission (technical assistance)	standing	Equal Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated Dec. 16, 2020, adding Section K on vaccinations) (Ex. DUT-FED-070)	/library/DUT-FED-070	/exhibit/DUT-FED-070
Ex. DUT-FED-071	What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated May 28, 2021, revising Section K)	Equal Employment Opportunity Commission (technical assistance)	standing	Equal Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated May 28, 2021, revising Section K) (Ex. DUT-FED-071)	/library/DUT-FED-071	/exhibit/DUT-FED-071
Ex. DUT-FED-072	Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (as updated June 10, 2021)	Occupational Safety and Health Administration	standing	Occupational Safety and Health Administration, Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (as updated June 10, 2021) (Ex. DUT-FED-072)	/library/DUT-FED-072	/exhibit/DUT-FED-072
Ex. DUT-FED-073	Secretary of Labor v. Ariana Murrell-Rosario d/b/a Liberty Tax Service, OSHRC Docket No. 21-0432, Decision and Order (June 6, 2022)	Occupational Safety and Health Review Commission, Chief Administrative Law Judge Covette Rooney	standing	Occupational Safety and Health Review Commission, Chief Administrative Law Judge Covette Rooney, Secretary of Labor v. Ariana Murrell-Rosario d/b/a Liberty Tax Service, OSHRC Docket No. 21-0432, Decision and Order (June 6, 2022) (Ex. DUT-FED-073)	/library/DUT-FED-073	/exhibit/DUT-FED-073
Ex. DUT-PA-001	Statute (Act of Apr. 23, 1956 (1955), P.L. 1510, No. 500)	General Assembly of the Commonwealth of Pennsylvania	standing	General Assembly of the Commonwealth of Pennsylvania, Statute (Act of Apr. 23, 1956 (1955), P.L. 1510, No. 500) (standing) (Ex. DUT-PA-001)	/library/DUT-PA-001	/exhibit/DUT-PA-001
Ex. DUT-PA-002	Statute (Act of Apr. 9, 1929, P.L. 177, No. 175, sec. 2102)	General Assembly of the Commonwealth of Pennsylvania	standing	General Assembly of the Commonwealth of Pennsylvania, Statute (Act of Apr. 9, 1929, P.L. 177, No. 175, sec. 2102) (standing) (Ex. DUT-PA-002)	/library/DUT-PA-002	/exhibit/DUT-PA-002
Ex. DUT-PA-003	Statute (Emergency Management Services Code, Title 35, Part V, Chapter 73, sec. 7301)	General Assembly of the Commonwealth of Pennsylvania	standing	General Assembly of the Commonwealth of Pennsylvania, Statute (Emergency Management Services Code, Title 35, Part V, Chapter 73, sec. 7301) (standing) (Ex. DUT-PA-003)	/library/DUT-PA-003	/exhibit/DUT-PA-003
Ex. DUT-PA-004	Statute (Emergency Management Services Code, Chapter 77, sec. 7707)	General Assembly of the Commonwealth of Pennsylvania	standing	General Assembly of the Commonwealth of Pennsylvania, Statute (Emergency Management Services Code, Chapter 77, sec. 7707) (standing) (Ex. DUT-PA-004)	/library/DUT-PA-004	/exhibit/DUT-PA-004
Ex. DUT-PA-005	Regulation (28 Pa. Code ch. 27, subch. C, sec. 27.60)	Pennsylvania Department of Health (regulation adopted with the Advisory Health Board)	standing	Pennsylvania Department of Health (regulation adopted with the Advisory Health Board), Regulation (28 Pa. Code ch. 27, subch. C, sec. 27.60) (standing) (Ex. DUT-PA-005)	/library/DUT-PA-005	/exhibit/DUT-PA-005
Ex. DUT-PA-006	Statute (Act of May 18, 1937, P.L. 654, No. 174)	General Assembly of the Commonwealth of Pennsylvania	standing	General Assembly of the Commonwealth of Pennsylvania, Statute (Act of May 18, 1937, P.L. 654, No. 174) (standing) (Ex. DUT-PA-006)	/library/DUT-PA-006	/exhibit/DUT-PA-006
Ex. DUT-PA-007	Statute (Act of Apr. 27, 1905, P.L. 312, No. 218, creating the Department of Health)	General Assembly of the Commonwealth of Pennsylvania	standing	General Assembly of the Commonwealth of Pennsylvania, Statute (Act of Apr. 27, 1905, P.L. 312, No. 218, creating the Department of Health) (standing) (Ex. DUT-PA-007)	/library/DUT-PA-007	/exhibit/DUT-PA-007
Ex. DUT-PA-008	Agency FAQ (published PDF)	Pennsylvania Department of Health	standing	Pennsylvania Department of Health, Agency FAQ (published PDF) (Apr. 15, 2020) (Ex. DUT-PA-008)	/library/DUT-PA-008	/exhibit/DUT-PA-008
Ex. DUT-PA-009	Regulation (28 Pa. Code ch. 27, subch. A, sec. 27.8)	Pennsylvania Department of Health (regulation adopted with the Advisory Health Board)	standing	Pennsylvania Department of Health (regulation adopted with the Advisory Health Board), Regulation (28 Pa. Code ch. 27, subch. A, sec. 27.8) (standing) (Ex. DUT-PA-009)	/library/DUT-PA-009	/exhibit/DUT-PA-009
Ex. DUT-PA-010	Enforcement guidance (letter)	Commonwealth of Pennsylvania (letter to the law-enforcement community and District Attorneys, published by the Pennsylvania State Police)	standing	Commonwealth of Pennsylvania (letter to the law-enforcement community and District Attorneys, published by the Pennsylvania State Police), Enforcement guidance (letter) (standing) (Ex. DUT-PA-010)	/library/DUT-PA-010	/exhibit/DUT-PA-010
Ex. DUT-PA-011	Veto message (Veto No. 19 of 2020)	Governor Tom Wolf	standing	Governor Tom Wolf, Veto message (Veto No. 19 of 2020) (Nov. 30, 2020) (Ex. DUT-PA-011)	/library/DUT-PA-011	/exhibit/DUT-PA-011
Ex. DUT-PA-012	Bill as finally passed (Printer's No. 4625), vetoed Nov. 30, 2020	General Assembly of the Commonwealth of Pennsylvania (passed both Houses; not enacted)	standing	General Assembly of the Commonwealth of Pennsylvania (passed both Houses; not enacted), Bill as finally passed (Printer's No. 4625), vetoed Nov. 30, 2020 (Nov. 19, 2020) (Ex. DUT-PA-012)	/library/DUT-PA-012	/exhibit/DUT-PA-012
Ex. DUT-PA-013	Statute (Retail Food Facility Safety Act, 3 Pa.C.S. ch. 57, subch. A)	General Assembly of the Commonwealth of Pennsylvania	standing	General Assembly of the Commonwealth of Pennsylvania, Statute (Retail Food Facility Safety Act, 3 Pa.C.S. ch. 57, subch. A) (standing) (Ex. DUT-PA-013)	/library/DUT-PA-013	/exhibit/DUT-PA-013
Ex. DUT-PA-014	Regulation (7 Pa. Code ch. 46, subch. H, sec. 46.1144)	Pennsylvania Department of Agriculture	standing	Pennsylvania Department of Agriculture, Regulation (7 Pa. Code ch. 46, subch. H, sec. 46.1144) (standing) (Ex. DUT-PA-014)	/library/DUT-PA-014	/exhibit/DUT-PA-014
Ex. DUT-PA-015	Executive FAQ (published PDF)	Office of the Governor with the Pennsylvania Department of Health	standing	Office of the Governor with the Pennsylvania Department of Health, Executive FAQ (published PDF) (Oct. 6, 2020) (Ex. DUT-PA-015)	/library/DUT-PA-015	/exhibit/DUT-PA-015
Ex. DUT-PA-016	Statute (Retail Food Facility Safety Act, 3 Pa.C.S. ch. 57, subch. A)	General Assembly of the Commonwealth of Pennsylvania	standing	General Assembly of the Commonwealth of Pennsylvania, Statute (Retail Food Facility Safety Act, 3 Pa.C.S. ch. 57, subch. A) (standing) (Ex. DUT-PA-016)	/library/DUT-PA-016	/exhibit/DUT-PA-016
Ex. DUT-PA-017	Statute (Retail Food Facility Safety Act, 3 Pa.C.S. ch. 57, subch. A)	General Assembly of the Commonwealth of Pennsylvania	standing	General Assembly of the Commonwealth of Pennsylvania, Statute (Retail Food Facility Safety Act, 3 Pa.C.S. ch. 57, subch. A) (standing) (Ex. DUT-PA-017)	/library/DUT-PA-017	/exhibit/DUT-PA-017
Ex. DUT-PA-018	Statute (Liquor Code, Act of Apr. 12, 1951, P.L. 90, No. 21, sec. 471)	General Assembly of the Commonwealth of Pennsylvania	standing	General Assembly of the Commonwealth of Pennsylvania, Statute (Liquor Code, Act of Apr. 12, 1951, P.L. 90, No. 21, sec. 471) (standing) (Ex. DUT-PA-018)	/library/DUT-PA-018	/exhibit/DUT-PA-018
Ex. DUT-PA-019	Statute (Act of Apr. 9, 1929, P.L. 177, No. 175, sec. 2106)	General Assembly of the Commonwealth of Pennsylvania	standing	General Assembly of the Commonwealth of Pennsylvania, Statute (Act of Apr. 9, 1929, P.L. 177, No. 175, sec. 2106) (standing) (Ex. DUT-PA-019)	/library/DUT-PA-019	/exhibit/DUT-PA-019
Ex. DUT-PA-020	Judicial opinion (majority opinion on an emergency application for extraordinary relief)	Supreme Court of Pennsylvania (Donohue, J., for the Court; Saylor, C.J., Baer, Todd, Dougherty, Wecht and Mundy, JJ.)	standing	Supreme Court of Pennsylvania (Donohue, J., for the Court; Saylor, C.J., Baer, Todd, Dougherty, Wecht and Mundy, JJ.), Judicial opinion (majority opinion on an emergency application for extraordinary relief) (Apr. 13, 2020) (Ex. DUT-PA-020)	/library/DUT-PA-020	/exhibit/DUT-PA-020
Ex. FED-001	Proclamation 9994	President Donald J. Trump	Mar. 13, 2020	President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)	/library/FED-001	/exhibit/FED-001
Ex. FED-006	Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per…	President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator)	Mar. 13, 2020	President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator), Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per State and territory, all dated March 13, 2020) (Mar. 13, 2020) (Ex. FED-006)	/library/FED-006	/exhibit/FED-006
Ex. FED-007	Memorandum of January 21, 2021	President Joseph R. Biden, Jr. (memorandum to the Secretary of Defense and the Secretary of Homeland Security)	Jan. 21, 2021	President Joseph R. Biden, Jr. (memorandum to the Secretary of Defense and the Secretary of Homeland Security), Memorandum of January 21, 2021 (Jan. 21, 2021) (Ex. FED-007)	/library/FED-007	/exhibit/FED-007
Ex. FED-008	Memorandum of February 2, 2021	President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator)	Feb. 2, 2021	President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator), Memorandum of February 2, 2021 (Feb. 2, 2021) (Ex. FED-008)	/library/FED-008	/exhibit/FED-008
Ex. FED-009	Memorandum of August 17, 2021	President Joseph R. Biden, Jr.	Aug. 17, 2021	President Joseph R. Biden, Jr, Memorandum of August 17, 2021 (Aug. 17, 2021) (Ex. FED-009)	/library/FED-009	/exhibit/FED-009
Ex. FED-010	Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus	Alex M. Azar II, Secretary of Health and Human Services	Jan. 31, 2020	Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010)	/library/FED-010	/exhibit/FED-010
Ex. FED-015	Renewal of Determination that a Public Health Emergency Exists (April 15, 2021)	Xavier Becerra, Secretary of HHS	Apr. 15, 2021	Xavier Becerra, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (April 15, 2021) (Apr. 15, 2021) (Ex. FED-015)	/library/FED-015	/exhibit/FED-015
Ex. FED-016	Renewal of Determination that a Public Health Emergency Exists (July 19, 2021)	Xavier Becerra, Secretary of HHS	July 19, 2021	Xavier Becerra, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (July 19, 2021) (Ex. FED-016)	/library/FED-016	/exhibit/FED-016
Ex. FED-020	CDC Order, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021; effective Feb. 1, 2021)	Centers for Disease Control and Prevention, HHS (order signed by the CDC Director Jan. 29, 2021)	Jan. 29, 2021	Centers for Disease Control and Prevention, HHS (order signed by the CDC Director Jan. 29, 2021), CDC Order, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021; effective Feb. 1, 2021) (Jan. 29, 2021) (Ex. FED-020)	/library/FED-020	/exhibit/FED-020
Ex. FED-025	CDC Order extending the Temporary Halt in Residential Evictions (June 24, 2021)	Centers for Disease Control and Prevention, HHS	June 24, 2021	Centers for Disease Control and Prevention, HHS, CDC Order extending the Temporary Halt in Residential Evictions (June 24, 2021) (Ex. FED-025)	/library/FED-025	/exhibit/FED-025
Ex. FED-026	CDC Order: Temporary Halt in Residential Evictions in Communities With Substantial or High Transmission of COVID-19	Centers for Disease Control and Prevention, HHS	Aug. 3, 2021	Centers for Disease Control and Prevention, HHS, CDC Order: Temporary Halt in Residential Evictions in Communities With Substantial or High Transmission of COVID-19 (Aug. 3, 2021) (Ex. FED-026)	/library/FED-026	/exhibit/FED-026
Ex. FED-031	CDC Framework for Conditional Sailing Order	Centers for Disease Control and Prevention, HHS	Oct. 30, 2020	Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031)	/library/FED-031	/exhibit/FED-031
Ex. FED-032	Notice: Conditional Sailing Order Technical Instructions and Operations Manual	Centers for Disease Control and Prevention, HHS	May 5, 2021	Centers for Disease Control and Prevention, HHS, Notice: Conditional Sailing Order Technical Instructions and Operations Manual (May 5, 2021) (Ex. FED-032)	/library/FED-032	/exhibit/FED-032
Ex. FED-034	CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order')	Centers for Disease Control and Prevention, HHS (CDC Director)	Mar. 20, 2020	Centers for Disease Control and Prevention, HHS (CDC Director), CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order') (Mar. 20, 2020) (Ex. FED-034)	/library/FED-034	/exhibit/FED-034
Ex. FED-037	CDC Order Suspending the Right To Introduce Certain Persons From Countries Where a Quarantinable Communicable Disease Exists (Oct. 13, 2020)	Centers for Disease Control and Prevention, HHS	Oct. 13, 2020	Centers for Disease Control and Prevention, HHS, CDC Order Suspending the Right To Introduce Certain Persons From Countries Where a Quarantinable Communicable Disease Exists (Oct. 13, 2020) (Ex. FED-037)	/library/FED-037	/exhibit/FED-037
Ex. FED-038	Public Health Reassessment and Order Suspending the Right To Introduce Certain Persons (Aug. 2, 2021)	Centers for Disease Control and Prevention, HHS	Aug. 2, 2021	Centers for Disease Control and Prevention, HHS, Public Health Reassessment and Order Suspending the Right To Introduce Certain Persons (Aug. 2, 2021) (Ex. FED-038)	/library/FED-038	/exhibit/FED-038
Ex. FED-042	CDC Amended Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery From COVID-19 for All Airline or Other Aircraft…	Centers for Disease Control and Prevention, HHS (signed Jan. 25, 2021 by the Acting CDC Chief of Staff; dated Jan. 26, 2021)	Jan. 25, 2021	Centers for Disease Control and Prevention, HHS (signed Jan. 25, 2021 by the Acting CDC Chief of Staff; dated Jan. 26, 2021), CDC Amended Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery From COVID-19 for All Airline or Other Aircraft Passengers Arriving Into the United States From Any Foreign Country (Jan. 25, 2021) (Ex. FED-042)	/library/FED-042	/exhibit/FED-042
Ex. FED-051	Security Directive SD 1582/84-21-01A, Security Measures - Mask Requirements	Transportation Security Administration, DHS	Apr. 30, 2021	Transportation Security Administration, DHS, Security Directive SD 1582/84-21-01A, Security Measures - Mask Requirements (Apr. 30, 2021) (Ex. FED-051)	/library/FED-051	/exhibit/FED-051
Ex. FED-052	Security Directive SD 1582/84-21-01B, Security Measures - Mask Requirements	Transportation Security Administration, DHS	Aug. 20, 2021	Transportation Security Administration, DHS, Security Directive SD 1582/84-21-01B, Security Measures - Mask Requirements (Aug. 20, 2021) (Ex. FED-052)	/library/FED-052	/exhibit/FED-052
Ex. FED-053	TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD…	Transportation Security Administration, DHS	Jan. 31, 2021	Transportation Security Administration, DHS, TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD 1542-21-01 (airports) (Jan. 31, 2021); ratification 86 Fed. Reg. 26825 (Ex. FED-053)	/library/FED-053	/exhibit/FED-053
Ex. FED-056	Notification of Ratification of Security Directives and Emergency Amendment (TSA SD 1542-21-01, SD 1544-21-02, EA 1546-21-01)	Department of Homeland Security, Office of Strategy, Policy, and Plans; Transportation Security Oversight Board	Apr. 20, 2021	Department of Homeland Security, Office of Strategy, Policy, and Plans; Transportation Security Oversight Board, Notification of Ratification of Security Directives and Emergency Amendment (TSA SD 1542-21-01, SD 1544-21-02, EA 1546-21-01) (Apr. 20, 2021) (Ex. FED-056)	/library/FED-056	/exhibit/FED-056
Ex. FED-057	Determination of a National Emergency Requiring Actions To Protect the Safety of Americans Using and Employed by the Transportation System (Jan. 27, 2021)	Acting Secretary of Homeland Security David P. Pekoske	Jan. 27, 2021	Acting Secretary of Homeland Security David P. Pekoske, Determination of a National Emergency Requiring Actions To Protect the Safety of Americans Using and Employed by the Transportation System (Jan. 27, 2021) (Ex. FED-057)	/library/FED-057	/exhibit/FED-057
Ex. FED-060	Executive Order 13991	President Joseph R. Biden, Jr.	Jan. 20, 2021	President Joseph R. Biden, Jr, Executive Order 13991 (Jan. 20, 2021) (Ex. FED-060)	/library/FED-060	/exhibit/FED-060
Ex. FED-062	Executive Order 13999	President Joseph R. Biden, Jr.	Jan. 21, 2021	President Joseph R. Biden, Jr, Executive Order 13999 (Jan. 21, 2021) (Ex. FED-062)	/library/FED-062	/exhibit/FED-062
Ex. FED-063	Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and…	President Joseph R. Biden, Jr.	Sept. 9, 2021	President Joseph R. Biden, Jr, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Ex. FED-063)	/library/FED-063	/exhibit/FED-063
Ex. FED-064	Executive Order 14043	President Joseph R. Biden, Jr.	Sept. 9, 2021	President Joseph R. Biden, Jr, Executive Order 14043 (Sept. 9, 2021) (Ex. FED-064)	/library/FED-064	/exhibit/FED-064
Ex. FED-070	Executive Order 13909	President Donald J. Trump	Mar. 18, 2020	President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)	/library/FED-070	/exhibit/FED-070
Ex. FED-071	Executive Order 13910	President Donald J. Trump	Mar. 23, 2020	President Donald J. Trump, Executive Order 13910 (Mar. 23, 2020) (Ex. FED-071)	/library/FED-071	/exhibit/FED-071
Ex. FED-074	Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures	Secretary of Health and Human Services	Mar. 25, 2020	Secretary of Health and Human Services, Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures (Mar. 25, 2020) (Ex. FED-074)	/library/FED-074	/exhibit/FED-074
Ex. FED-080	Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021)	Occupational Safety and Health Administration, U.S. Department of Labor	June 21, 2021	Occupational Safety and Health Administration, U.S. Department of Labor, Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021) (Ex. FED-080)	/library/FED-080	/exhibit/FED-080
Ex. FED-081	DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 ETS (June 28, 2021)	OSHA, Directorate of Enforcement Programs	June 28, 2021	OSHA, Directorate of Enforcement Programs, DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 ETS (June 28, 2021) (Ex. FED-081)	/library/FED-081	/exhibit/FED-081
Ex. FED-082	DIR 2021-01 (CPL 03), National Emphasis Program - COVID-19 (Mar. 12, 2021)	OSHA, Directorate of Enforcement Programs	Mar. 12, 2021	OSHA, Directorate of Enforcement Programs, DIR 2021-01 (CPL 03), National Emphasis Program - COVID-19 (Mar. 12, 2021) (Ex. FED-082)	/library/FED-082	/exhibit/FED-082
Ex. FED-083	DIR 2021-03 (CPL 03), Revised National Emphasis Program - COVID-19 (July 7, 2021)	OSHA, Directorate of Enforcement Programs	July 7, 2021	OSHA, Directorate of Enforcement Programs, DIR 2021-03 (CPL 03), Revised National Emphasis Program - COVID-19 (July 7, 2021) (Ex. FED-083)	/library/FED-083	/exhibit/FED-083
Ex. FED-084	Updated Interim Enforcement Response Plans (Mar. 12, 2021; July 7, 2021)	OSHA (memorandum for Regional Administrators and State Plan Designees)	July 7, 2021	OSHA (memorandum for Regional Administrators and State Plan Designees), Updated Interim Enforcement Response Plans (Mar. 12, 2021; July 7, 2021) (Ex. FED-084)	/library/FED-084	/exhibit/FED-084
Ex. FED-090	CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule with…	Centers for Medicare & Medicaid Services, HHS	Mar. 30, 2020	Centers for Medicare & Medicaid Services, HHS, CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule with comment period) (Mar. 30, 2020) (Ex. FED-090)	/library/FED-090	/exhibit/FED-090
Ex. FED-094	CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH	Centers for Medicare & Medicaid Services, HHS	May 13, 2021	Centers for Medicare & Medicaid Services, HHS, CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH (Ex. FED-094)	/library/FED-094	/exhibit/FED-094
Ex. FED-096	CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020)	CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group	Mar. 4, 2020	CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)	/library/FED-096	/exhibit/FED-096
Ex. FED-098	QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs)	CMS, Quality, Safety & Oversight Group	Mar. 10, 2020	CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)	/library/FED-098	/exhibit/FED-098
Ex. FED-099	CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)	CMS, Quality, Safety & Oversight Group	Mar. 23, 2020	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-099)	/library/FED-099	/exhibit/FED-099
Ex. FED-100	FEMA-4503-DR, Major Disaster Declaration for Alabama (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 29, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4503-DR, Major Disaster Declaration for Alabama (COVID-19 Pandemic) (Mar. 29, 2020) (Ex. FED-100)	/library/FED-100	/exhibit/FED-100
Ex. FED-104	FEMA-4482-DR, Major Disaster Declaration for California (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 22, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4482-DR, Major Disaster Declaration for California (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-104)	/library/FED-104	/exhibit/FED-104
Ex. FED-109	FEMA-4486-DR, Major Disaster Declaration for Florida (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 25, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4486-DR, Major Disaster Declaration for Florida (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-109)	/library/FED-109	/exhibit/FED-109
Ex. FED-113	FEMA-4489-DR, Major Disaster Declaration for Illinois (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 26, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4489-DR, Major Disaster Declaration for Illinois (COVID-19 Pandemic) (Mar. 26, 2020) (Ex. FED-113)	/library/FED-113	/exhibit/FED-113
Ex. FED-115	FEMA-4483-DR, Major Disaster Declaration for Iowa (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 23, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4483-DR, Major Disaster Declaration for Iowa (COVID-19 Pandemic) (Mar. 23, 2020) (Ex. FED-115)	/library/FED-115	/exhibit/FED-115
Ex. FED-118	FEMA-4484-DR, Major Disaster Declaration for Louisiana (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 24, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4484-DR, Major Disaster Declaration for Louisiana (COVID-19 Pandemic) (Mar. 24, 2020) (Ex. FED-118)	/library/FED-118	/exhibit/FED-118
Ex. FED-130	FEMA-4488-DR, Major Disaster Declaration for New Jersey (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 25, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4488-DR, Major Disaster Declaration for New Jersey (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-130)	/library/FED-130	/exhibit/FED-130
Ex. FED-132	FEMA-4480-DR, Major Disaster Declaration for New York (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 20, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4480-DR, Major Disaster Declaration for New York (COVID-19 Pandemic) (Mar. 20, 2020) (Ex. FED-132)	/library/FED-132	/exhibit/FED-132
Ex. FED-133	FEMA-4487-DR, Major Disaster Declaration for North Carolina (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 25, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4487-DR, Major Disaster Declaration for North Carolina (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-133)	/library/FED-133	/exhibit/FED-133
Ex. FED-143	FEMA-4485-DR, Major Disaster Declaration for Texas (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 25, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4485-DR, Major Disaster Declaration for Texas (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-143)	/library/FED-143	/exhibit/FED-143
Ex. FED-147	FEMA-4481-DR, Major Disaster Declaration for Washington (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 22, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4481-DR, Major Disaster Declaration for Washington (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-147)	/library/FED-147	/exhibit/FED-147
Ex. FED-150	FEMA-4535-DR, Major Disaster Declaration for Wyoming (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Apr. 11, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4535-DR, Major Disaster Declaration for Wyoming (COVID-19 Pandemic) (Apr. 11, 2020) (Ex. FED-150)	/library/FED-150	/exhibit/FED-150
Ex. FED-156	QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3)	CMS, Quality, Safety & Oversight Group	Apr. 27, 2021	CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3) (Ex. FED-156)	/library/FED-156	/exhibit/FED-156
Ex. FED-160	COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021)	Centers for Medicare & Medicaid Services, HHS	Mar. 13, 2020	Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)	/library/FED-160	/exhibit/FED-160
Ex. FED-161	QSO-20-29-NH and CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020): 42 C.F.R. 483.80(g) reporting	CMS, Quality, Safety & Oversight Group	May 6, 2020	CMS, Quality, Safety & Oversight Group, QSO-20-29-NH and CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020): 42 C.F.R. 483.80(g) reporting (May 6, 2020) (Ex. FED-161)	/library/FED-161	/exhibit/FED-161
Ex. FED-163	CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH	CMS, Quality, Safety & Oversight Group	May 11, 2021	CMS, Quality, Safety & Oversight Group, CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH (May 11, 2021) (Ex. FED-163)	/library/FED-163	/exhibit/FED-163
Ex. FED-165	CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)	CMS, Quality, Safety & Oversight Group	June 1, 2020	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-165)	/library/FED-165	/exhibit/FED-165
Ex. FED-166	CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)	CMS, Quality, Safety & Oversight Group	Aug. 17, 2020	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-166)	/library/FED-166	/exhibit/FED-166
Ex. FED-168	CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through…	CMS, Quality, Safety & Oversight Group	Aug. 26, 2020	CMS, Quality, Safety & Oversight Group, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-168)	/library/FED-168	/exhibit/FED-168
Ex. FED-180	Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020)	Secretary of Health and Human Services	Mar. 10, 2020	Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)	/library/FED-180	/exhibit/FED-180
Ex. FED-181	Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for…	Secretary of Health and Human Services	Feb. 4, 2020	Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)	/library/FED-181	/exhibit/FED-181
Ex. FED-182	Emergency Use Declaration: personal respiratory protective devices	Secretary of Health and Human Services	Mar. 2, 2020	Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)	/library/FED-182	/exhibit/FED-182
Ex. FED-183	Emergency Use Authorization Declaration: medical devices, including alternative products used as medical devices	Secretary of Health and Human Services	Mar. 24, 2020	Secretary of Health and Human Services, Emergency Use Authorization Declaration: medical devices, including alternative products used as medical devices (Mar. 24, 2020) (Ex. FED-183)	/library/FED-183	/exhibit/FED-183
Ex. FED-184	Emergency Use Authorization Declaration: drugs and biological products	Secretary of Health and Human Services	Mar. 27, 2020	Secretary of Health and Human Services, Emergency Use Authorization Declaration: drugs and biological products (Mar. 27, 2020) (Ex. FED-184)	/library/FED-184	/exhibit/FED-184
Ex. FED-194	Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency	HHS Office for Civil Rights	Mar. 17, 2020	HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194)	/library/FED-194	/exhibit/FED-194
Ex. FED-200	Proclamation 9984	President Donald J. Trump	Jan. 31, 2020	President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)	/library/FED-200	/exhibit/FED-200
Ex. FED-201	Proclamation 9992	President Donald J. Trump	Feb. 29, 2020	President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)	/library/FED-201	/exhibit/FED-201
Ex. FED-207	Proclamation 10143	President Joseph R. Biden, Jr.	Jan. 25, 2021	President Joseph R. Biden, Jr, Proclamation 10143 (Jan. 25, 2021) (Ex. FED-207)	/library/FED-207	/exhibit/FED-207
Ex. FED-208	Proclamation 10199	President Joseph R. Biden, Jr.	Apr. 30, 2021	President Joseph R. Biden, Jr, Proclamation 10199 (Apr. 30, 2021) (Ex. FED-208)	/library/FED-208	/exhibit/FED-208
Ex. FED-209	Proclamation 10294	President Joseph R. Biden, Jr.	Oct. 25, 2021	President Joseph R. Biden, Jr, Proclamation 10294 (Oct. 25, 2021) (Ex. FED-209)	/library/FED-209	/exhibit/FED-209
Ex. FED-232	Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 32764 (June 23, 2021)	DHS (Secretary Alejandro N. Mayorkas)	June 23, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 32764 (June 23, 2021) (Ex. FED-232)	/library/FED-232	/exhibit/FED-232
Ex. FED-235	Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 52609 (Sept. 22, 2021)	DHS (Secretary Alejandro N. Mayorkas)	Sept. 22, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 52609 (Sept. 22, 2021) (Ex. FED-235)	/library/FED-235	/exhibit/FED-235
Ex. FED-255	Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 32766 (June 23, 2021)	DHS (Secretary Alejandro N. Mayorkas)	June 23, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 32766 (June 23, 2021) (Ex. FED-255)	/library/FED-255	/exhibit/FED-255
Ex. FED-258	Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 52611 (Sept. 22, 2021)	DHS (Secretary Alejandro N. Mayorkas)	Sept. 22, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 52611 (Sept. 22, 2021) (Ex. FED-258)	/library/FED-258	/exhibit/FED-258
Ex. FED-270	Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and…	Office of Management and Budget (Executive Associate Director Aviva Aron-Dine) with the Safer Federal Workforce Task Force	Jan. 24, 2021	Office of Management and Budget (Executive Associate Director Aviva Aron-Dine) with the Safer Federal Workforce Task Force, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Jan. 24, 2021) (Ex. FED-270)	/library/FED-270	/exhibit/FED-270
Ex. FED-271	OMB Memorandum M-21-25	Office of Management and Budget, Office of Personnel Management and General Services Administration	June 10, 2021	Office of Management and Budget, Office of Personnel Management and General Services Administration, OMB Memorandum M-21-25 (June 10, 2021) (Ex. FED-271)	/library/FED-271	/exhibit/FED-271
Ex. FED-272	COVID-19 Workplace Safety: Agency Model Safety Principles (revised July 29, 2021), following the OMB memorandum of July 27, 2021 reinstating masks	Safer Federal Workforce Task Force (OPM, GSA, White House COVID-19 Response Coordinator) under Executive Order 13991 § 4, with OMB	July 29, 2021	Safer Federal Workforce Task Force (OPM, GSA, White House COVID-19 Response Coordinator) under Executive Order 13991 § 4, with OMB, COVID-19 Workplace Safety: Agency Model Safety Principles (revised July 29, 2021), following the OMB memorandum of July 27, 2021 reinstating masks (Ex. FED-272)	/library/FED-272	/exhibit/FED-272
Ex. FED-274	Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and…	Safer Federal Workforce Task Force; approved by the Director of OMB	Sept. 24, 2021	Safer Federal Workforce Task Force; approved by the Director of OMB, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Ex. FED-274)	/library/FED-274	/exhibit/FED-274
Ex. FED-275	Determination of the Promotion of Economy and Efficiency in Federal Contracting Pursuant to Executive Order No. 14042, 86 Fed. Reg. 53691 (Sept. 28, 2021)	Office of Management and Budget (Acting Director Shalanda D. Young)	Sept. 24, 2021	Office of Management and Budget (Acting Director Shalanda D. Young), Determination of the Promotion of Economy and Efficiency in Federal Contracting Pursuant to Executive Order No. 14042, 86 Fed. Reg. 53691 (Sept. 28, 2021) (Sept. 24, 2021) (Ex. FED-275)	/library/FED-275	/exhibit/FED-275
Ex. FED-278	Certification of Vaccination form (employees, onsite contractors and visitors), August 2021	Safer Federal Workforce Task Force (OMB control number 3206-0277)	Aug. 6, 2021	Safer Federal Workforce Task Force (OMB control number 3206-0277), Certification of Vaccination form (employees, onsite contractors and visitors), August 2021 (Aug. 6, 2021) (Ex. FED-278)	/library/FED-278	/exhibit/FED-278
Ex. FED-280	Secretary of Defense Memorandum, Update to Conditions-based Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions	Secretary of Defense Lloyd J. Austin III	Mar. 15, 2021	Secretary of Defense Lloyd J. Austin III, Secretary of Defense Memorandum, Update to Conditions-based Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (Mar. 15, 2021) (Ex. FED-280)	/library/FED-280	/exhibit/FED-280
Ex. FED-285	Order of the Chief Judge No. 20-078	Chief Judge Philip S. Gutierrez	June 1, 2020	Chief Judge Philip S. Gutierrez, Order of the Chief Judge No. 20-078 (June 1, 2020) (Ex. FED-285)	/library/FED-285	/exhibit/FED-285
Ex. FED-290	Press release of March 12, 2020 (Building closed to the public)	Supreme Court of the United States (Public Information Office)	Mar. 12, 2020	Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)	/library/FED-290
Ex. FED-292	Order of March 19, 2020, 589 U.S. (Order List)	Supreme Court of the United States	Mar. 19, 2020	Supreme Court of the United States, Order of March 19, 2020, 589 U.S. (Order List) (Mar. 19, 2020) (Ex. FED-292)	/library/FED-292	/exhibit/FED-292
Ex. FED-297	Amended General Order 21-0006 (May 26, 2021)	Chief Judge Rebecca R. Pallmeyer (Executive Committee)	May 26, 2021	Chief Judge Rebecca R. Pallmeyer (Executive Committee), Amended General Order 21-0006 (May 26, 2021) (Ex. FED-297)	/library/FED-297	/exhibit/FED-297
Ex. FED-298	Amended General Order 21-0006 (Sept. 15, 2021)	Chief Judge Rebecca R. Pallmeyer (Executive Committee)	Sept. 15, 2021	Chief Judge Rebecca R. Pallmeyer (Executive Committee), Amended General Order 21-0006 (Sept. 15, 2021) (Ex. FED-298)	/library/FED-298	/exhibit/FED-298
Ex. FED-299	Third Amended Order Concerning Face Masks/Coverings in Public Areas of Courthouses	Chief Judge Rebecca R. Pallmeyer	July 30, 2021	Chief Judge Rebecca R. Pallmeyer, Third Amended Order Concerning Face Masks/Coverings in Public Areas of Courthouses (July 30, 2021) (Ex. FED-299)	/library/FED-299	/exhibit/FED-299
Ex. FED-300	General Order 21-0033	Executive Committee and Restart Task Force of the Court (unanimous vote)	Sept. 20, 2021	Executive Committee and Restart Task Force of the Court (unanimous vote), General Order 21-0033 (Sept. 20, 2021) (Ex. FED-300)	/library/FED-300	/exhibit/FED-300
Ex. FED-301	Fifth Amended General Order 20-0022	Chief Judge Rebecca R. Pallmeyer	June 21, 2021	Chief Judge Rebecca R. Pallmeyer, Fifth Amended General Order 20-0022 (June 21, 2021) (Ex. FED-301)	/library/FED-301	/exhibit/FED-301
Ex. FED-302	Standing Order 20-13	Chief Judge Freda L. Wolfson	May 22, 2020	Chief Judge Freda L. Wolfson, Standing Order 20-13 (May 22, 2020) (Ex. FED-302)	/library/FED-302	/exhibit/FED-302
Ex. FED-306	Standing Order 21-04	Chief Judge Freda L. Wolfson	Mar. 11, 2021	Chief Judge Freda L. Wolfson, Standing Order 21-04 (Mar. 11, 2021) (Ex. FED-306)	/library/FED-306	/exhibit/FED-306
Ex. FED-307	Updated Amended Standing Order 21-04	Chief Judge Freda L. Wolfson	Sept. 3, 2021	Chief Judge Freda L. Wolfson, Updated Amended Standing Order 21-04 (Sept. 3, 2021) (Ex. FED-307)	/library/FED-307	/exhibit/FED-307
Ex. FED-308	Standing Order 21-08	Chief Judge Freda L. Wolfson	Sept. 13, 2021	Chief Judge Freda L. Wolfson, Standing Order 21-08 (Sept. 13, 2021) (Ex. FED-308)	/library/FED-308	/exhibit/FED-308
Ex. FED-311	Standing Order 2020-04	Chief Judge James K. Bredar	Mar. 16, 2020	Chief Judge James K. Bredar, Standing Order 2020-04 (Mar. 16, 2020) (Ex. FED-311)	/library/FED-311	/exhibit/FED-311
Ex. FED-313	Amended Standing Order 2021-07	Chief Judge James K. Bredar	June 23, 2021	Chief Judge James K. Bredar, Amended Standing Order 2021-07 (June 23, 2021) (Ex. FED-313)	/library/FED-313	/exhibit/FED-313
Ex. FED-337	General Order 78	Chief Judge Richard Seeborg	June 23, 2021	Chief Judge Richard Seeborg, General Order 78 (June 23, 2021) (Ex. FED-337)	/library/FED-337	/exhibit/FED-337
Ex. FED-340	CARES Act §§ 4022-4024 (foreclosure moratorium and forbearance; multifamily forbearance; temporary moratorium on eviction filings) and § 15002 (video…	Congress (Pub. L. 116-136, signed Mar. 27, 2020)	Mar. 27, 2020	Congress (Pub. L. 116-136, signed Mar. 27, 2020), CARES Act §§ 4022-4024 (foreclosure moratorium and forbearance; multifamily forbearance; temporary moratorium on eviction filings) and § 15002 (video teleconferencing for criminal proceedings) (Mar. 27, 2020) (Ex. FED-340)	/library/FED-340	/exhibit/FED-340
Ex. FED-342	Interagency Statement on Loan Modifications and Reporting for Financial Institutions Working with Customers Affected by the Coronavirus (Revised) (Apr. 7, 2020…	Federal Reserve Board, FDIC, NCUA, OCC, CFPB and the Conference of State Bank Supervisors	Apr. 7, 2020	Federal Reserve Board, FDIC, NCUA, OCC, CFPB and the Conference of State Bank Supervisors, Interagency Statement on Loan Modifications and Reporting for Financial Institutions Working with Customers Affected by the Coronavirus (Revised) (Apr. 7, 2020; original Mar. 22, 2020) (Ex. FED-342)	/library/FED-342	/exhibit/FED-342
Ex. FED-344	Protections for Borrowers Affected by the COVID-19 Emergency Under the Real Estate Settlement Procedures Act (RESPA), Regulation X (final rule), 86 Fed. Reg.…	Bureau of Consumer Financial Protection	June 25, 2021	Bureau of Consumer Financial Protection, Protections for Borrowers Affected by the COVID-19 Emergency Under the Real Estate Settlement Procedures Act (RESPA), Regulation X (final rule), 86 Fed. Reg. 34848 (June 30, 2021) (June 25, 2021) (Ex. FED-344)	/library/FED-344	/exhibit/FED-344
Ex. FED-345	Memorandum of August 8, 2020, Continued Student Loan Payment Relief During the COVID-19 Pandemic, 85 Fed. Reg. 49585 (Aug. 13, 2020)	President Donald J. Trump (Memorandum for the Secretary of Education)	Aug. 8, 2020	President Donald J. Trump (Memorandum for the Secretary of Education), Memorandum of August 8, 2020, Continued Student Loan Payment Relief During the COVID-19 Pandemic, 85 Fed. Reg. 49585 (Aug. 13, 2020) (Aug. 8, 2020) (Ex. FED-345)	/library/FED-345	/exhibit/FED-345
Ex. FED-354	FHFA news release of June 24, 2021: FHFA Extends COVID-19 Foreclosure and REO Eviction Moratoriums (to July 31, 2021)	Federal Housing Finance Agency	June 24, 2021	Federal Housing Finance Agency, FHFA news release of June 24, 2021: FHFA Extends COVID-19 Foreclosure and REO Eviction Moratoriums (to July 31, 2021) (Ex. FED-354)	/library/FED-354	/exhibit/FED-354
Ex. FED-355	FHFA news release of July 30, 2021: FHFA Extends COVID-19 REO Eviction Moratorium Through September 30, 2021	Federal Housing Finance Agency (with the Agencies' Joint Statement on Agency Actions to Prevent Evictions of the same date)	July 30, 2021	Federal Housing Finance Agency (with the Agencies' Joint Statement on Agency Actions to Prevent Evictions of the same date), FHFA news release of July 30, 2021: FHFA Extends COVID-19 REO Eviction Moratorium Through September 30, 2021 (Ex. FED-355)	/library/FED-355	/exhibit/FED-355
Ex. FED-364	Mortgagee Letter 2021-15	HUD, Federal Housing Administration	June 25, 2021	HUD, Federal Housing Administration, Mortgagee Letter 2021-15 (June 25, 2021) (Ex. FED-364)	/library/FED-364	/exhibit/FED-364
Ex. FED-365	Mortgagee Letter 2021-18	HUD, Federal Housing Administration	July 23, 2021	HUD, Federal Housing Administration, Mortgagee Letter 2021-18 (July 23, 2021) (Ex. FED-365)	/library/FED-365	/exhibit/FED-365
Ex. FED-378	Circular 26-21-10	VA, Loan Guaranty Service	June 25, 2021	VA, Loan Guaranty Service, Circular 26-21-10 (June 25, 2021) (Ex. FED-378)	/library/FED-378	/exhibit/FED-378
Ex. FED-379	Circular 26-21-14	VA, Loan Guaranty Service	July 30, 2021	VA, Loan Guaranty Service, Circular 26-21-14 (July 30, 2021) (Ex. FED-379)	/library/FED-379	/exhibit/FED-379
Ex. FED-380	Circular 26-21-20	VA, Loan Guaranty Service	Sept. 29, 2021	VA, Loan Guaranty Service, Circular 26-21-20 (Sept. 29, 2021) (Ex. FED-380)	/library/FED-380	/exhibit/FED-380
Ex. FED-384	USDA Rural Development release of June 24-25, 2021: Biden-Harris Administration Extends Foreclosure Moratorium and Provides Relief (moratorium to July 31, 2021…	USDA Rural Development (with the White House announcement of June 24, 2021)	June 24, 2021	USDA Rural Development (with the White House announcement of June 24, 2021), USDA Rural Development release of June 24-25, 2021: Biden-Harris Administration Extends Foreclosure Moratorium and Provides Relief (moratorium to July 31, 2021; forbearance enrollment to Sept. 30, 2021) (June 24, 2021) (Ex. FED-384)	/library/FED-384
Ex. FED-385	USDA Rural Development release of July 30, 2021: Biden-Harris Administration Extends Eviction Moratorium for Homeowners (to Sept. 30, 2021)	USDA Rural Development (with the Agencies' Joint Statement of July 30, 2021)	July 30, 2021	USDA Rural Development (with the Agencies' Joint Statement of July 30, 2021), USDA Rural Development release of July 30, 2021: Biden-Harris Administration Extends Eviction Moratorium for Homeowners (to Sept. 30, 2021) (Ex. FED-385)	/library/FED-385	/exhibit/FED-385
Ex. FED-398	H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health…	U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020)	May 15, 2020	U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398)	/library/FED-398	/exhibit/FED-398
Ex. LAW-001	CARES Act, Pub. L. 116-136, 134 Stat. 281 (Mar. 27, 2020) (Statutes at Large pages; sec. 2301 at 347-351)	United States Congress	Mar. 27, 2020	United States Congress, CARES Act, Pub. L. 116-136, 134 Stat. 281 (Mar. 27, 2020) (Statutes at Large pages; sec. 2301 at 347-351) (Ex. LAW-001)	/library/LAW-001	/exhibit/LAW-001
Ex. LAW-002	Consolidated Appropriations Act, 2021, Pub. L. 116-260, 134 Stat. 1182 (Dec. 27, 2020) (div. EE, Taxpayer Certainty and Disaster Tax Relief Act of 2020, secs.…	United States Congress	Dec. 27, 2020	United States Congress, Consolidated Appropriations Act, 2021, Pub. L. 116-260, 134 Stat. 1182 (Dec. 27, 2020) (div. EE, Taxpayer Certainty and Disaster Tax Relief Act of 2020, secs. 206-207 at 134 Stat. 3059-3065) (Ex. LAW-002)	/library/LAW-002	/exhibit/LAW-002
Ex. LAW-003	American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021) (sec. 9651 at 176-182)	United States Congress	Mar. 11, 2021	United States Congress, American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021) (sec. 9651 at 176-182) (Ex. LAW-003)	/library/LAW-003	/exhibit/LAW-003
Ex. LAW-004	Infrastructure Investment and Jobs Act, Pub. L. 117-58, 135 Stat. 429 (Nov. 15, 2021) (sec. 80604 at 1341)	United States Congress	Nov. 15, 2021	United States Congress, Infrastructure Investment and Jobs Act, Pub. L. 117-58, 135 Stat. 429 (Nov. 15, 2021) (sec. 80604 at 1341) (Ex. LAW-004)	/library/LAW-004	/exhibit/LAW-004
Ex. PA-002	Order of the Governor Regarding the Closure of All Businesses That Are Not Life Sustaining (Mar. 19, 2020), sec. 1 and sec. 2	Governor Tom Wolf; Secretary of Health Rachel Levine	Mar. 19, 2020	Governor Tom Wolf; Secretary of Health Rachel Levine, Order of the Governor Regarding the Closure of All Businesses That Are Not Life Sustaining (Mar. 19, 2020), sec. 1 and sec. 2 (Ex. PA-002)	/library/PA-002	/exhibit/PA-002
Ex. PA-008	Order of the Secretary of the Pennsylvania Department of Health Directing Public Health Safety Measures for Businesses Permitted to Maintain In-person…	Secretary of Health Rachel Levine	Apr. 15, 2020	Secretary of Health Rachel Levine, Order of the Secretary of the Pennsylvania Department of Health Directing Public Health Safety Measures for Businesses Permitted to Maintain In-person Operations (Worker Safety Order) (Apr. 15, 2020) (Ex. PA-008)	/library/PA-008	/exhibit/PA-008
Ex. PA-010	Order of the Governor for Limited Opening of Businesses, Lifting of Stay at Home Requirements, and Continued Aggressive Mitigation Efforts (Yellow Phase Order)…	Governor Tom Wolf (with companion Order of the Secretary of Health)	May 7, 2020	Governor Tom Wolf (with companion Order of the Secretary of Health), Order of the Governor for Limited Opening of Businesses, Lifting of Stay at Home Requirements, and Continued Aggressive Mitigation Efforts (Yellow Phase Order) (May 7, 2020), sec. 1 (Ex. PA-010)	/library/PA-010	/exhibit/PA-010
Ex. PA-011	Order of the Governor for the Continued Reopening of the Commonwealth (Green Phase Order) (May 27, 2020), sec. 1(B)	Governor Tom Wolf (with companion Order of the Secretary of Health)	May 27, 2020	Governor Tom Wolf (with companion Order of the Secretary of Health), Order of the Governor for the Continued Reopening of the Commonwealth (Green Phase Order) (May 27, 2020), sec. 1(B) (Ex. PA-011)	/library/PA-011	/exhibit/PA-011
Ex. PA-014	Amendment to the Green Phase Order adding the southeastern counties (Berks, Bucks, Chester, Delaware, Erie, Lackawanna, Lancaster, Lehigh, Montgomery…	Governor Tom Wolf	June 25, 2020	Governor Tom Wolf, Amendment to the Green Phase Order adding the southeastern counties (Berks, Bucks, Chester, Delaware, Erie, Lackawanna, Lancaster, Lehigh, Montgomery, Northampton, Philadelphia, Susquehanna) (June 25, 2020) (Ex. PA-014)	/library/PA-014	/exhibit/PA-014
Ex. PA-016	Order of the Secretary of Health Directing Mitigation Measures (Targeted Mitigation Order) (July 15, 2020), sec. 4 (Teleworking) and sec. 2 (restaurant guidance…	Secretary of Health Rachel Levine, M.D.	July 15, 2020	Secretary of Health Rachel Levine, M.D, Order of the Secretary of Health Directing Mitigation Measures (Targeted Mitigation Order) (July 15, 2020), sec. 4 (Teleworking) and sec. 2 (restaurant guidance incorporated) (Ex. PA-016)	/library/PA-016	/exhibit/PA-016
Ex. PA-020	Updated Order of the Secretary of Health Requiring Universal Face Coverings (Nov. 17, 2020), sec. 4(A) (Business and School Entity Obligations)	Secretary of Health Rachel Levine, M.D.	Nov. 17, 2020	Secretary of Health Rachel Levine, M.D, Updated Order of the Secretary of Health Requiring Universal Face Coverings (Nov. 17, 2020), sec. 4(A) (Business and School Entity Obligations) (Ex. PA-020)	/library/PA-020	/exhibit/PA-020
Ex. PA-022	Pennsylvania Mitigation, Enforcement and Immunity Order (Nov. 23, 2020) and Apr. 1, 2021 amendment	Secretary of Health Rachel Levine, M.D.	Nov. 23, 2020	Secretary of Health Rachel Levine, M.D, Pennsylvania Mitigation, Enforcement and Immunity Order (Nov. 23, 2020) and Apr. 1, 2021 amendment (Ex. PA-022)	/library/PA-022	/exhibit/PA-022
Ex. PA-023	Order of the Governor for Mitigation, Enforcement, and Immunity Protections (Nov. 23, 2020), secs. 1(A), 1(B), 2, 13 and 14 (with the Secretary's parallel Order…	Governor Tom Wolf	Nov. 23, 2020	Governor Tom Wolf, Order of the Governor for Mitigation, Enforcement, and Immunity Protections (Nov. 23, 2020), secs. 1(A), 1(B), 2, 13 and 14 (with the Secretary's parallel Order for Mitigation and Enforcement, PA-022) (Ex. PA-023)	/library/PA-023	/exhibit/PA-023
Ex. PA-025	Order of the Secretary of the Pennsylvania Department of Health Requiring Reduction of Elective Procedures in Regions with Low Acute Care Treatment Capacity	Secretary of Health Rachel Levine, M.D.	Nov. 23, 2020	Secretary of Health Rachel Levine, M.D, Order of the Secretary of the Pennsylvania Department of Health Requiring Reduction of Elective Procedures in Regions with Low Acute Care Treatment Capacity (Nov. 23, 2020) (Ex. PA-025)	/library/PA-025	/exhibit/PA-025
Ex. PA-028	Order of the Secretary of the Pennsylvania Department of Health Directing Limited-Time Targeted Mitigation	Secretary of Health Rachel Levine, M.D.	Dec. 10, 2020	Secretary of Health Rachel Levine, M.D, Order of the Secretary of the Pennsylvania Department of Health Directing Limited-Time Targeted Mitigation (Dec. 10, 2020) (Ex. PA-028)	/library/PA-028	/exhibit/PA-028
Ex. PA-029	Order of the Governor Directing Vaccine Providers' Administration of COVID-19 Vaccines	Governor Tom Wolf (with parallel Order of the Acting Secretary of Health)	Feb. 12, 2021	Governor Tom Wolf (with parallel Order of the Acting Secretary of Health), Order of the Governor Directing Vaccine Providers' Administration of COVID-19 Vaccines (Feb. 12, 2021) (Ex. PA-029)	/library/PA-029	/exhibit/PA-029
Ex. PA-034	Amendment to the Order of the Acting Secretary Directing Vaccine Providers' Administration of COVID-19 Vaccines	Acting Secretary of Health Alison V. Beam	May 7, 2021	Acting Secretary of Health Alison V. Beam, Amendment to the Order of the Acting Secretary Directing Vaccine Providers' Administration of COVID-19 Vaccines (May 7, 2021) (Ex. PA-034)	/library/PA-034	/exhibit/PA-034
Ex. PA-035	Amendment to the Order of the Governor for Mitigation, Enforcement, and Immunity Protections (gatherings 50%/75%; sunset 12:01 a.m. May 31, 2021)	Governor Tom Wolf	May 13, 2021	Governor Tom Wolf, Amendment to the Order of the Governor for Mitigation, Enforcement, and Immunity Protections (gatherings 50%/75%; sunset 12:01 a.m. May 31, 2021) (May 13, 2021) (Ex. PA-035)	/library/PA-035	/exhibit/PA-035
Ex. PA-036	Order of the Acting Secretary Amending the November 23, 2020 Order for Mitigation and Enforcement (gatherings 50%/75%; sunset 12:01 a.m. May 31, 2021…	Acting Secretary of Health Alison V. Beam	May 13, 2021	Acting Secretary of Health Alison V. Beam, Order of the Acting Secretary Amending the November 23, 2020 Order for Mitigation and Enforcement (gatherings 50%/75%; sunset 12:01 a.m. May 31, 2021; face-covering order preserved) (May 13, 2021) (Ex. PA-036)	/library/PA-036	/exhibit/PA-036
Ex. PA-038	Order Further Amending the Amended Order Requiring Skilled Nursing Care Facilities to Make Weekly Reports of Specified Data Regarding Supplies and Equipment	Acting Secretary of Health Alison V. Beam	May 26, 2021	Acting Secretary of Health Alison V. Beam, Order Further Amending the Amended Order Requiring Skilled Nursing Care Facilities to Make Weekly Reports of Specified Data Regarding Supplies and Equipment (May 26, 2021) (Ex. PA-038)	/library/PA-038	/exhibit/PA-038
Ex. PA-039	House Resolution No. 106, Session of 2021, Printer's No. 1753 (concurrent resolution terminating the March 6, 2020 proclamation of disaster emergency)	General Assembly of Pennsylvania (Senate 30-20; House 121-81)	June 10, 2021	General Assembly of Pennsylvania (Senate 30-20; House 121-81), House Resolution No. 106, Session of 2021, Printer's No. 1753 (concurrent resolution terminating the March 6, 2020 proclamation of disaster emergency) (June 10, 2021) (Ex. PA-039)	/library/PA-039	/exhibit/PA-039
Ex. PA-040	Act 21 of 2021 (H.B. 854) - COVID-19 Record Retention and Temporary Regulatory Flexibility Authority	General Assembly; approved by Governor Wolf	June 11, 2021	General Assembly; approved by Governor Wolf, Act 21 of 2021 (H.B. 854) - COVID-19 Record Retention and Temporary Regulatory Flexibility Authority (June 11, 2021) (Ex. PA-040)	/library/PA-040	/exhibit/PA-040
Ex. PA-041	Amendment of the Order of the Secretary Requiring Hospitals to Make Daily Reports of Specified Data Regarding Supplies and Equipment (vaccination status of…	Acting Secretary of Health Alison V. Beam	Aug. 13, 2021	Acting Secretary of Health Alison V. Beam, Amendment of the Order of the Secretary Requiring Hospitals to Make Daily Reports of Specified Data Regarding Supplies and Equipment (vaccination status of admitted patients; PA-NEDSS hospitalization reporting) (Aug. 13, 2021) (Ex. PA-041)	/library/PA-041	/exhibit/PA-041
Ex. PA-042	Order of the Acting Secretary of the Pennsylvania Department of Health Directing Face Coverings in School Entities	Acting Secretary of Health Alison V. Beam	Aug. 31, 2021	Acting Secretary of Health Alison V. Beam, Order of the Acting Secretary of the Pennsylvania Department of Health Directing Face Coverings in School Entities (Aug. 31, 2021) (Ex. PA-042)	/library/PA-042	/exhibit/PA-042
Ex. PA-043	Act 73 of 2021 (H.B. 1861) - COVID-19 regulatory flexibility authority (extension to Mar. 31, 2022)	General Assembly; approved by Governor Wolf	Sept. 30, 2021	General Assembly; approved by Governor Wolf, Act 73 of 2021 (H.B. 1861) - COVID-19 regulatory flexibility authority (extension to Mar. 31, 2022) (Sept. 30, 2021) (Ex. PA-043)	/library/PA-043	/exhibit/PA-043
Ex. PA-044	Amendment to the Order of the Secretary Requiring Hospitals to Make Daily Reports of Specified Data Regarding Supplies and Equipment (Corvena/TeleTracking…	Acting Secretary of Health Alison V. Beam	Jan. 27, 2021	Acting Secretary of Health Alison V. Beam, Amendment to the Order of the Secretary Requiring Hospitals to Make Daily Reports of Specified Data Regarding Supplies and Equipment (Corvena/TeleTracking fields; 'Number of employees unavailable for work') (Jan. 27, 2021) (Ex. PA-044)	/library/PA-044	/exhibit/PA-044
Ex. PA-045	Corman v. Acting Secretary of the Pennsylvania Department of Health, No. 83 MAP 2021 (Pa. Dec. 23, 2021) (opinion following the per curiam affirmance of Dec.…	Supreme Court of Pennsylvania (Middle District), J-86-2021	Dec. 23, 2021	Supreme Court of Pennsylvania (Middle District), J-86-2021, Corman v. Acting Secretary of the Pennsylvania Department of Health, No. 83 MAP 2021 (Pa. Dec. 23, 2021) (opinion following the per curiam affirmance of Dec. 10, 2021) (Ex. PA-045)	/library/PA-045	/exhibit/PA-045
Ex. PA-046	PA-HAN-563, UPDATE: Interim Infection Prevention and Control Recommendations for Healthcare Settings during the COVID-19 Pandemic (replaces PA-HAN-524)	Pennsylvania Department of Health (Acting Secretary Alison Beam), Health Alert Network	Apr. 9, 2021	Pennsylvania Department of Health (Acting Secretary Alison Beam), Health Alert Network, PA-HAN-563, UPDATE: Interim Infection Prevention and Control Recommendations for Healthcare Settings during the COVID-19 Pandemic (replaces PA-HAN-524) (Apr. 9, 2021) (Ex. PA-046)	/library/PA-046	/exhibit/PA-046
Ex. PA-047	PA-HAN-596, UPDATE: Work Restrictions for Healthcare Personnel with Exposure to COVID-19 (replaces PA-HAN-569)	Pennsylvania Department of Health (Acting Secretary Alison Beam), Health Alert Network	Sept. 16, 2021	Pennsylvania Department of Health (Acting Secretary Alison Beam), Health Alert Network, PA-HAN-596, UPDATE: Work Restrictions for Healthcare Personnel with Exposure to COVID-19 (replaces PA-HAN-569) (Sept. 16, 2021) (Ex. PA-047)	/library/PA-047	/exhibit/PA-047
Ex. PA-048	PA-HAN-597, UPDATE: Interim Infection Prevention and Control Recommendations for Healthcare Settings during the COVID-19 Pandemic (replaces PA-HAN-563, 554, 544…	Pennsylvania Department of Health (Acting Secretary Alison Beam), Health Alert Network	Sept. 21, 2021	Pennsylvania Department of Health (Acting Secretary Alison Beam), Health Alert Network, PA-HAN-597, UPDATE: Interim Infection Prevention and Control Recommendations for Healthcare Settings during the COVID-19 Pandemic (replaces PA-HAN-563, 554, 544 and 521) (Sept. 21, 2021) (Ex. PA-048)	/library/PA-048	/exhibit/PA-048
Ex. PA-091	Department of State summary: Pennsylvania Authorizes Licensed Health Care Professionals to Provide Services via Telemedicine During Coronavirus Emergency	Department of State, Bureau of Professional and Occupational Affairs (suspension granted by Governor Wolf under 35 Pa.C.S. § 7301(f))	Mar. 18, 2020	Department of State, Bureau of Professional and Occupational Affairs (suspension granted by Governor Wolf under 35 Pa.C.S. § 7301(f)), Department of State summary: Pennsylvania Authorizes Licensed Health Care Professionals to Provide Services via Telemedicine During Coronavirus Emergency (Mar. 18, 2020) (Ex. PA-091)	/library/PA-091	/exhibit/PA-091
Ex. PA-092	Department of State summary: Pennsylvania Waives Some Nurse Licensing Requirements During Coronavirus Emergency (nursing omnibus requirement waiver)	Department of State, BPOA / State Board of Nursing (suspension granted by Governor Wolf)	Mar. 20, 2020	Department of State, BPOA / State Board of Nursing (suspension granted by Governor Wolf), Department of State summary: Pennsylvania Waives Some Nurse Licensing Requirements During Coronavirus Emergency (nursing omnibus requirement waiver) (Mar. 20, 2020) (Ex. PA-092)	/library/PA-092	/exhibit/PA-092
Ex. PA-094	Department of State summary: Pennsylvania Waives Certain Requirements for Cosmetologists and Barbers During COVID-19 Emergency	Department of State, BPOA / State Board of Cosmetology and State Board of Barber Examiners (suspension granted by Governor Wolf)	Mar. 26, 2020	Department of State, BPOA / State Board of Cosmetology and State Board of Barber Examiners (suspension granted by Governor Wolf), Department of State summary: Pennsylvania Waives Certain Requirements for Cosmetologists and Barbers During COVID-19 Emergency (Mar. 26, 2020) (Ex. PA-094)	/library/PA-094	/exhibit/PA-094
Ex. PA-095	Department of State summary: Temporary Waiver of Rule for Funeral Home Directors During Coronavirus Emergency	Department of State, BPOA / State Board of Funeral Directors (suspension granted by Governor Wolf)	Mar. 30, 2020	Department of State, BPOA / State Board of Funeral Directors (suspension granted by Governor Wolf), Department of State summary: Temporary Waiver of Rule for Funeral Home Directors During Coronavirus Emergency (Mar. 30, 2020) (Ex. PA-095)	/library/PA-095	/exhibit/PA-095
Ex. PA-097	Department of State summary: Pennsylvania Gives Dentists and Dental Hygienists Alternatives to Live-Patient Clinical Licensing Exam During COVID-19 Emergency	Department of State, BPOA / State Board of Dentistry (suspension granted by Governor Wolf)	Apr. 24, 2020	Department of State, BPOA / State Board of Dentistry (suspension granted by Governor Wolf), Department of State summary: Pennsylvania Gives Dentists and Dental Hygienists Alternatives to Live-Patient Clinical Licensing Exam During COVID-19 Emergency (Apr. 24, 2020) (Ex. PA-097)	/library/PA-097	/exhibit/PA-097
Ex. PA-098	Department of State summary: Pennsylvania Extends Application Expiration Dates for Real Estate Appraisers	Department of State, BPOA / State Board of Certified Real Estate Appraisers (suspension granted by Governor Wolf)	May 4, 2020	Department of State, BPOA / State Board of Certified Real Estate Appraisers (suspension granted by Governor Wolf), Department of State summary: Pennsylvania Extends Application Expiration Dates for Real Estate Appraisers (May 4, 2020) (Ex. PA-098)	/library/PA-098	/exhibit/PA-098
Ex. PA-100	Termination of the Updated Order of the Secretary of the Pennsylvania Department of Health Requiring Universal Face Coverings	Acting Secretary of Health Alison V. Beam	June 28, 2021	Acting Secretary of Health Alison V. Beam, Termination of the Updated Order of the Secretary of the Pennsylvania Department of Health Requiring Universal Face Coverings (June 28, 2021) (Ex. PA-100)	/library/PA-100	/exhibit/PA-100
Ex. PA-101	Termination of the Order of the Secretary Requiring Reduction of Elective Procedures in Regions with Low Acute Care Treatment Capacity	Acting Secretary of Health Alison V. Beam	Aug. 23, 2021	Acting Secretary of Health Alison V. Beam, Termination of the Order of the Secretary Requiring Reduction of Elective Procedures in Regions with Low Acute Care Treatment Capacity (Aug. 23, 2021) (Ex. PA-101)	/library/PA-101	/exhibit/PA-101
Ex. PA-104	Opinion, County of Butler v. Governor of Pennsylvania, No. 20-2936 (3d Cir. Aug. 11, 2021) (vacating the district court's judgment as moot)	United States Court of Appeals for the Third Circuit (precedential)	Aug. 11, 2021	United States Court of Appeals for the Third Circuit (precedential), Opinion, County of Butler v. Governor of Pennsylvania, No. 20-2936 (3d Cir. Aug. 11, 2021) (vacating the district court's judgment as moot) (Ex. PA-104)	/library/PA-104	/exhibit/PA-104
Ex. PA-107	Reinstatement of the unemployment compensation work-search requirement for the benefit week beginning July 18, 2021 (release 'L&I to Restart Unemployment…	Department of Labor & Industry	May 24, 2021	Department of Labor & Industry, Reinstatement of the unemployment compensation work-search requirement for the benefit week beginning July 18, 2021 (release 'L&I to Restart Unemployment Benefit Work Search Requirements in July') (May 24, 2021) (Ex. PA-107)	/library/PA-107	/exhibit/PA-107
Ex. PA-108	Announcement of Aug. 10, 2021: vaccination-or-weekly-testing requirement for Commonwealth employees in State-run health care and high-risk congregate facilities…	Governor Tom Wolf (Office of Administration policy for Commonwealth employees)	Aug. 10, 2021	Governor Tom Wolf (Office of Administration policy for Commonwealth employees), Announcement of Aug. 10, 2021: vaccination-or-weekly-testing requirement for Commonwealth employees in State-run health care and high-risk congregate facilities (state hospitals, state centers, veterans' homes, community health centers, state correctional institutions), effective Sept. 7, 2021; new hires must be vaccinated (Ex. PA-108)	/library/PA-108
Ex. TX-004	Executive Order GA-09	Governor Greg Abbott	Mar. 22, 2020	Governor Greg Abbott, Executive Order GA-09 (Mar. 22, 2020) (Ex. TX-004)	/library/TX-004	/exhibit/TX-004

8. How to use this report

Keep this report with your payroll records and the other records that support your claim. The Notice itself describes what those records are. Q&A-70 says an employer "will adequately substantiate eligibility for the employee retention credit if the employer creates and maintains records that include," among other things, "any governmental order to suspend the employer's business operations" and "any records the employer relied upon to determine whether more than a nominal portion of its operations were suspended due to a governmental order or whether a governmental order had more than a nominal effect on its business operations" (Notice 2021-20, 2021-11 I.R.B. 922, Q&A-70, at 944-45). Q&A-71 says to keep those records "for at least 4 years after the date the tax becomes due or is paid, whichever comes later" (Q&A-71, at 945). This report is the first of those two items for your selection, and it is meant to sit beside the second.

If you have received a letter from the Service saying that no government orders were in effect during the quarter you claimed, this report answers that sentence with the public record, order by order. Read the quarter you claimed. For each instrument, the report gives you the issuer, the number, the dates, the words that commanded the change, the penalty behind them and the exhibit. Those are facts about the public record, and anyone can check them against the register, the code or the docket the report cites. The Service is free to argue about how much a given order affected your business. Whether the orders existed is not a matter of opinion.

Three points of public law matter to anyone holding such a letter. First, a notice that turns down a refund claim starts a clock. Under section 6532(a)(1) of the Internal Revenue Code, a refund suit cannot be brought "after the expiration of 2 years from the date of mailing by certified mail or registered mail by the Secretary to the taxpayer of a notice of the disallowance of the part of the claim to which the suit or proceeding relates." Second, asking the IRS Independent Office of Appeals to review the letter does not stop that clock; the Service's own page on the letter says so ("Requesting an appeal doesn't extend this time"), and section 6532(a)(4) provides that the Service's later consideration of the claim does not extend the period. Third, the period can be extended only by a written agreement between you and the Service under section 6532(a)(2), made on Form 907, Agreement to Extend the Time to Bring Suit, and effective only if the Service signs it before the two years run out.

The COVID Project does not give legal advice, and this report is not a substitute for it. Take it to your accountant, your enrolled agent or your lawyer. The dates above are public law, and the decisions they call for are yours and your adviser's to make.

Printed from covidproject.com/report?state=PA&quarters=2021Q3&federal=1&agencies=1&duties=1&meetings=1&answers=1 on Sept. 30, 2026. The COVID Project is a free public reference and this report is not legal advice.