Emergency Executive Order 50 | New York City
March 4, 2022
Download Emergency Executive Order 50
WHEREAS the COVID-19 pandemic has severely affected New York City and its economy, and is only effectively addressed through joint action by city, state, and federal governments; and
WHEREAS a state of emergency to address the threat and impacts of COVID-19 in New York City was first declared in Emergency Executive Order No. 98, issued March 12, 2020 , and most recently extended by Emergency Executive Order No. 46 , issued February 28, 2022, remains in effect; and
WHEREAS, this order is given because of the propensity of the virus to spread from person to person, and also because the measures taken to prevent such spread have resulted in property loss and damage; and
WHEREAS, the seven-day average of COVID-19 cases and the number of hospitalizations for COVID-19 have declined significantly since the peak of the outbreak caused by the Omicron variant and have remained consistently lower; and
WHEREAS, Governor Kathy Hochul announced the end of the state’s mask requirement for schools and certain other indoor spaces based on analysis of key trends in COVID-19 data; and
WHEREAS, on March 1, 2022, New York State Health Commissioner Mary T. Bassett issued updated guidance removing the mask requirement in schools and, on March 2, 2022 , issued a decision eliminating the requirement to wear masks in indoor spaces other than in health care facilities, certain adult care facilities, correctional facilities and detention centers, homeless shelters and others, and public transport and transport hubs; and
WHEREAS, The Key to NYC program, set forth in Emergency Executive Order No. 317 and most recently expanded by Emergency Executive Order No. 49, has required customers, employees, interns, volunteers, and contractors covered entities, including restaurants, indoor gymnasiums, and event spaces, to provide proof of vaccination; and
WHEREAS, as of March 1, 2022, 96% of New York City adult residents and 86% of residents of all ages have received at least one dose of a COVID-19 vaccine; and
WHEREAS, given the greatly reduced incidence of COVID-19 in New York City, I am terminating the Key to NYC program; and
WHEREAS, Employers who have been subject to the Key to NYC requirements have been exempted from similar worker vaccination and record keeping requirements set forth in the Health and Mental Hygiene Commissioner’s Order, dated December 13, 2021 (“the COH Order”); and
WHEREAS, to continue to treat workers who have been subject to the Key to NYC vaccination requirements the same as workers subject to the COH ordinance, and to avoid imposing new record keeping requirements on employers who have thus far been subject to the Key to NYC program NYC, this order requires covered entities to continue to require proof of vaccination from covered workers and to continue to maintain the same records as they have been kept to retain as part of the Key to NYC program;
NOW, THEREFORE, pursuant to the powers vested in me by the laws of the State of New York and the City of New York, including, but not limited to, the Executive Law of New York, the Charter of New York City and New York City Administrative Code, and common law authority to protect the public in an emergency:
Section 1. I hereby direct that Section 2 of Emergency Executive Order No. 46, dated February 28, 2022, be extended for five (5) days.
§ 2.a. I hereby direct that Section 1 of Emergency Executive Order No. 49, regarding the “Key to NYC” program, dated February 28, 2022, be extended for two (2) days and expire at 12:01 a.m. March 7. 2022.
b. The expiration of the Key to NYC program does not preclude any entity from requiring proof of vaccination from a customer, nor does it preclude any entity from establishing another COVID-19 prevention measure, such as requiring a customer to wear a mask. Entities must provide accommodations related to these requirements for customers with disabilities, where required by law. The Municipal Human Rights Commission will continue to provide guidance to help Covered Entities apply these requirements fairly, in accordance with applicable provisions of New York City human rights law.
§ 3. I hereby order that:
a. Covered entities that were covered under the Key to NYC program will continue to require a covered worker to provide proof of vaccination, unless that worker has received a reasonable accommodation. Covered Entities must continue to keep a written record of their protocol for verifying proof of vaccination of covered workers and maintaining records of proof of vaccination of such workers, as described in subsections d and e of the Section 2 of Emergency Executive Order No. 317, dated December 15, 2021.
b. Records created or maintained pursuant to subsection a of this section shall be treated as confidential.
vs. A Covered Entity shall, upon request by a municipal agency, make available for inspection the records required to be kept by this Section, in accordance with applicable law.
D. For the purposes of this section:
(1) “Covered Entity” means any entity that operates one or more “Covered Premises”, except that “Covered Entity” does not include public and non-public kindergarten through twelfth (12) schools and programs , places of worship , child care programs, senior centers, community centers.
(2) “Covered Premises” means any of the following locations, except as provided in subparagraph (iv) of this paragraph:
- Indoor entertainment and recreation places, and some Event and meeting spacesincluding the interior parts of the following places, regardless of the activity in these places: cinemas, concert or music halls, adult entertainment, casinos, botanical gardens, places of commercial events and parties, museums, aquariums, zoos, professional sports arenas and indoor stadiums, convention centers and exhibition halls, hotel meeting and event rooms, performing arts theaters, bowling alleys, arcades, indoor play areas, billiard halls and billiards and other recreational game centers;
- Indoor food services, including interior portions of catering establishments offering food and drink, including all interior dining areas of catering establishments that are assigned letter grades as described in Section 81.51 of the Health Code; businesses operating indoor rest areas of food courts; catering establishments that provide food indoors on its premises; and any interior portion of an establishment regulated by the New York State Department of Agriculture and Markets offering food for indoor consumption on the premises; and
- Indoor gyms and fitness facilitiesincluding interior portions of freestanding and hotel gyms and fitness centers, college gyms and fitness centers, yoga/Pilates/barre/dance studios, boxing/kickboxing gyms, camps fitness training centers, indoor pools, CrossFit or other plyometric boxes, and other facilities used to conduct group fitness classes.
- “Covered Premises” does not include places of worship or locations in a residential or office building the use of which is limited to residents, owners or tenants of that building.
(3) “Covered Worker” means a person who works in person in the presence of another worker or a member of the public at a workplace in New York. “Covered Worker” includes a full-time or part-time staff member, employer, employee, intern, volunteer, or contractor of a Covered Entity, as well as a self-employed person or sole practitioner. It also includes a professional athlete from a New York-based team and a performing artist who is regularly employed by a Covered Entity.
“Covered Worker” does not include:
- a person who works from home and whose employment does not involve face-to-face interaction with co-workers or members of the public;
- a person who enters the workplace for a quick and limited purpose;
- a non-resident performer who is not regularly employed by a Covered Entity, or a person accompanying such performer, while the performer is at Covered Premises for the purposes of such performer’s performance; Where
- a non-resident professional athlete who is employed by a sports team that is not based in New York, or a person accompanying such professional athlete or team, who enters covered premises in the course of his or her regular employment for the purposes of professional athlete/ sports competition.
(4) “Proof of Vaccination” means evidence of receipt of a full regimen of a COVID-19 vaccine cleared for emergency use or cleared for use by the United States Food and Drug Administration or cleared for emergency use by the World Health Organization, excluding any additional recommended booster doses. This proof can be established by:
- A CDC COVID-19 vaccination card or official vaccination record from the jurisdiction, state, or country where the vaccine was administered, or a digital or physical photo of such card or record, reflecting the name of the person, the brand of the vaccine and the date administered; Where
- A New York City COVID Safe app (available for download on Apple and Android smartphones); Where
- A New York State Excelsior Pass; Where
- CLEAR’s digital vaccination card; Where
- Any other method specified by the Commissioner of Health and Mental Hygiene as sufficient to prove vaccination.
(5) I hereby direct that Section 20-1271 of the New York City Administrative Code be amended by adding the following provision to the definition of “just cause”: Notwithstanding anything in this chapter, an employer fast food restaurant shall be deemed to have good cause where a fast food employee has failed to provide proof of vaccination required by an emergency order issued in response to the COVID-19 pandemic and is not required to follow progressive discipline procedures before dismissing the employee, provided that the employee has 30 days from the date the employer notified the employee of the obligation to produce this proof and the employee is placed on leave following this notice until this proof is provided. This provision does not relieve the employer of the responsibility to provide reasonable accommodation when required by law.
§ 4. I hereby direct the fire and police departments, the building department, the sheriff and other agencies, as required, to enforce the directions set forth in this order in accordance with their lawful powers , including articles 15 to 227 of the administrative code (a), 28-105.10.1 and 28-201.1 and article 107.6 of the Fire prevention code. Violations of the guidelines set out in this order may be issued as if they were violations under sections 3.07 and 3.11 of the Health Code, and enforced by the Department of Health and Mental Hygiene or any other organism.
§ 5. This Emergency Executive Order takes effect immediately and remains in effect for five (5) days unless terminated or amended at an earlier date.