Wednesday, December 22, 2021
The City of Chicago has issued a public bloom order requiring restaurants, bars, gyms, fettle centers, and entertainment/recreation venues area aliment or beverages are served to crave affidavit of anesthetic from all patrons. A “patron” is authentic as “any alone 5 years of age or earlier who patronizes, enters, attends an event, or purchases appurtenances or casework aural a covered location.”
The Order additionally requires covered entities to accede with the accoutrement of the Occupational Safety and Bloom Administration’s Emergency Temporary Standard (OSHA ETS) acute anesthetic or account testing of employees, behindhand of the cardinal of individuals active by a covered entity.
The Order will booty aftereffect on January 3, 2022.
Section 2 of the Order provides that, admitting any added accouterment of law:
[A] covered article shall not admittance any angel to access the calm allocation of a covered area after announcement affidavit of abounding vaccination. Additionally, any alone over the age of 16 shall accommodate identification address the aforementioned anecdotic advice as the affidavit of abounding vaccination. A covered article may in the interests of ability acquiesce assemblage to accommodate the requisite affidavit above-mentioned to entry, either anon to the covered article or through an agent such as an accident planner.
The Order provides that an official anesthetic almanac card, or a agenda or concrete photo of an official anesthetic almanac card, constitutes acceptable affidavit of vaccination. It additionally states that “fully vaccinated” cachet is “determined by Centers for Disease Control and Prevention advice or Chicago Department of Public Bloom acquaint guidelines, whichever is the best restrictive.” Accordingly, while vaccine booster shots are not currently appropriate for individuals to be advised absolutely vaccinated for purposes of the Order, this will be accountable to change based on updates to accepted CDC or Chicago Department of Public Bloom guidance.
The Order defines “Covered Entities” as any article that operates a “Covered Location” in the City of Chicago. “Covered Locations” are authentic as follows:
Establishments area aliment or beverages are served, including but not bound to restaurants, bars, fast aliment establishments, coffee shops, tasting rooms, cafeterias, aliment courts, dining areas of grocery stores, breweries, wineries, distilleries, feast halls, and auberge ballrooms.
“Covered Locations” do not accommodate “houses of worship, K-12 schools, locations in O’Hare International Airport or Midway International Airport, locations in residential or appointment barrio the use of which is bound to residents, owners, or tenants of that building, or to aliment account establishments accouterment alone accommodating aliment services, such as soup kitchens.”
The afterward categories of individuals are exempted from the Order’s affidavit of anesthetic requirement:
Individuals entering a covered area for beneath than 10 account for the purpose of acclimation and accustomed out food, authoritative a delivery, or application the bathroom.
Section 6 of the Order provides:
All covered entities shall accede with OSHA standards 1910.501(e) & (g) apropos to agent anesthetic cachet and testing, behindhand of the cardinal of their employees.
OSHA accepted 1910.501(e) requires administration to actuate the anesthetic cachet of anniversary employee. OSHA accepted 1910.501(g) requires administration to ensure that all advisers who are not absolutely vaccinated are activated for COVID-19 at atomic weekly.
Finally, the Order requires covered entities to “develop and accumulate a accounting almanac anecdotic the agreement for implementing and administration the requirements of this Order.” It additionally requires covered entities to “prominently column signage, in a anatomy assigned by the Commissioner of Business Affairs and Consumer Protection, at anniversary about attainable access to the covered area and at atomic one area central the covered area that is clearly visible, allegorical assemblage of the abounding anesthetic requirement.”
The City of Chicago has appear a template acquiescence plan and the signage required by the Order on its website.
Jackson Lewis P.C. © 2021National Law Review, Volume XI, Cardinal 356
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