Employers have been working for three months following the Executive Order and best practices documents, these additional requirements and regulations are worrisome, create hardship and enormous volumes of paperwork, are unsustainable, and will cause business not to re-open or to be placed in a state in which the liability for creating a safe workplace is unattainable. 

The availability of hand sanitizers with alcohol has been a problem.  The availability of cleaning products on the specific EPA list noted has also been poor.  The proposal requires employers to have both available when products are not readily available in the marketplace. What is the alternative to either requirement? How does an employer obtain items that are in low supply?

Requiring employers to create and assess workplace hazards then certify them is difficult and puts an incredible amount of liability on the employer who is at the mercy of their employees to get cleaning tasks done, to adhere to workplace rules of distancing and wearing PPE.  If employees choose not to do so, then the employer is required to do what with the employee?  

Prescreening employees prior to each shift will not create a safe work environment as the research has shown that non-symptomatic persons can transmit the disease.  The additional burden which will require additional daily paperwork will not help employers, especially those who have been struggling during the pandemic. This additionally creates an issue with employers certifying workplace hazards as they are dynamic and would change each day based on employee report.

The definition of economic feasibility is difficult because it is not an individual measure, but a measure across industry norms - therefore a smaller shop that has economic difficulty in being able to follow the guidelines may be penalized because another part of the industry is able to follow guidelines without economic impact and therefore someone considers this other part the industry standard.  Who sets the "norm" or industry standards - how is it followed if the employer is unaware of what it is?

The items that state "Each employer shall ensure employee access to SARS-COV2 and COVID-19 relate exposure and medical records" is not understandable - are employers supposed to make employee medical records available to all employees? How does this work? Can employees ask to see exposure and medical records of their co-workers? Additionally, there is a large impetus on employers knowing when an employee tests positive for COVID, are employees required to tell employers about their medical results?  We still have a small percentage of the population tested, we don't know if those previously exposed can acquire it again and pass it along, and we don't have any contact tracers to alert people to exposure.  How is it the employers' responsibility to do these jobs - to be contact tracers and screeners and such?

How does an employer verify that a person has had a positive test other than relying on the employee's word? Are individuals who test positive mandated reporters?  Do they have to share this information? 

Employers have been working during this entire three months following the guidance and best practices put forward in the Executive Order, how does making these tasks more cumbersome create a safer work environment?