The new President is not taking his first days in office easy.  Following several executive orders signed Wednesday, the President made many of the Center for Disease Control’s previous recommendations on travel into executive orders.

First and foremost, the order requires mask wearing on many modes of domestic transportation, including commercial aircraft, trains, ferries, intercity bus services, and all forms of public transportation.  The order also gave direction to the Secretary of Transportation and the Secretary of Homeland Security to work with the CDC on additional public health measures for domestic travel.

Next, the order changed the CDC’s recommendations in regard to international travel into requirements.  For travelers seeking to enter the U.S. from a foreign country, this means that they will be both required to produce proof of a recent negative COVID test prior to entry, and required to comply with CDC guidelines on self-quarantine or self-isolation after entry.

For those who have not familiarized themselves with the CDC’s guidelines, those traveling internationally are recommended to get tested three-to-five days after traveling AND stay home for seven days.  Those who don’t get test are recommended to stay home for 10 days prior to leaving quarantine.

While it should be fairly easy for airlines to enforce compliance with the negative test requirement for re-entry, it remains to be seen how the quarantine requirement will be enforced on private citizens.  The order requires the Secretaries of Transportation and Homeland Security to provide a plan to the President “promptly.”

However, this is not something to be dismissed or ignored, especially by employers.  As the Coronavirus continues to spread across the world, one can imagine that the penalties for non-compliance with the new orders could be strict.  Those who have only been considering the guidance of the CDC to be a best practice, rather than the rule of law, will need to conform to the recommendations or likely face consequences.

It is likely that employers will play an important role in these orders, especially when it comes to quarantines.  It is critical for employers to be aware of their obligations when it comes to enforcing the new directives.  If you, or your organization, need assistance in making sure your COVID policies are up to date, contact the Wiley Law Office, for legal advice that works.