COVID-19 Client Alerts:
Face Covering Order has Multiple Consequences for Employers
On June 18, 2020, the Governor announced that face coverings are now broadly required to be worn when people are in “high risk situations,” including some forms of employment. Specifically, face coverings are required for employees engaged in work when they are:
- Interacting in-person with any member of the public;
- Working in any space visited by members of the public, regardless of whether anyone from the public is present at the time;
- Working in any space where food is prepared or packaged for sale or distribution to others;
- Working in or walking through common areas, such as hallways, stairways, elevators, and parking facilities; and
- In any room or enclosed area where other people (except for members of the person’s own household or residence) are present when unable to physically distance.
Certain limited exemptions do apply to the workplace, including, but not limited to:
- Persons with a medical condition, mental health condition, or disability that prevents wearing a face covering;
- Persons for whom wearing a face covering would create a risk to the persons related to their work, as determined by local, state, or federal regulators or workplace safety guidelines; and
- Persons who are engaged in outdoor work when they are able to maintain a distance of at least six feet from others.
This incredibly expansive Order can affect employers in several different ways. Of course, employers need to ensure their employees comply with the Order’s requirements, if appropriate. But employers who have, or still need, to amend their IIPPs to address COVID-19, must determine whether this Order needs to be incorporated into those amendments. Similarly, employers may need to include face coverings in the safety and reopening training required by Cal/OSHA and the State of California.
Copyright © 2020, Murphy Austin Adams Schoenfeld LLP. All rights reserved. Please be assured that we make every effort to make certain that the information contained in this alert is current at the time this email was delivered. Because laws and legislation are constantly changing, please contact us if you are unsure whether this material is still current. Nothing contained herein should be construed as legal advice or a legal opinion on any specific facts or circumstances. The contents are intended to be for general information purposes only. We assume no liability in connection with the use of the information contained in this article. Given the rapidly evolving nature of legal and governmental responses to the COVID-19 pandemic, unfolding events likely will supersede many of the issues discussed in these updates. We encourage you to contact our lawyers directly for the most current information and counsel regarding legal and governmental responses to the COVID-19 pandemic. Please contact us to answer any questions you may have.
Aaron B. Silva, Labor and Employment Law Partner
916.446.2300, Ext. 3027
Shawn M. Joost, Labor and Employment Law Associate
916.446.2300, Ext. 3010