Facing Your Face Mask Duties – A List of Statewide Orders (UPDATED) | JD Supra


Jurisdiction

Requirement or Recommendation

Specifics

Federal

Requirement

Compliance with CDC guidelines with respect to wearing masks is required for on-duty or on-site federal employees, on-site federal contractors; and all persons in federal buildings or on federal lands.

CDC requires persons over age 2 to wear a mask on a conveyance (aircraft, train, vehicle, vessel) and while in a transportation hub (airport, bus terminal, seaport, etc.). Operators of conveyances arriving or departing a U.S. port of entry must require travelers to wear masks. Private conveyances for non-commercial use, commercial motor vehicles, military conveyances are excluded. The definition of mask does not include a face shield.

It is also recommended that everyone wear a cloth face covering in public settings, at gatherings and events, and anywhere they will be around other people. Face shields are not recommended as a substitute for masks. Additional guidance is available for fully vaccinated individuals.

OSHA recommends allowing workers to wear masks over their nose and mouth to prevent them from spreading the virus.

Alabama

Recommendation

The statewide mask mandate was rescinded 4/9/21.

Individuals are encouraged to wear masks when within six feet of people from other households. Employers, businesses, and other organizations should take reasonable steps to ensure safety, including encouraging mask wearing.

NOTE: At least one Alabama locality has provisions concerning face coverings for employees and/or customers. Please check with your Littler attorney for additional information about your particular jurisdiction.

Alaska

Recommendation

Employees of reopening businesses should wear face coverings. 

NOTE: At least one city in Alaska has provisions concerning face coverings for employees and/or customers. Please check with your Littler attorney for additional information about your particular jurisdiction.

Arizona

Recommendation

Masks no longer mandated as of 3/25/21, but businesses and employers may adopt and enforce face covering requirements.

NOTE: Arizona localities may have provisions concerning face coverings for employees and/or customers. Please check with your Littler attorney for additional information about your particular jurisdiction.

Arkansas

Recommendation

The mask mandate was rescinded as of 3/30/21, though masks continue to be recommended. Businesses are permitted to require masks on their premises.

NOTE: In Arkansas, some localities have provisions concerning face coverings for employees and/or customers. Please check with your Littler attorney for additional information about your particular jurisdiction.

California

Requirement

Individuals over age 2 must wear a face covering when outside their homes unless one of the specified exceptions applies. For fully vaccinated persons, face coverings are not required outdoors except when attending crowded outdoor events, such as live performances, parades, fairs, festivals, sports events, or other similar settings.

For unvaccinated persons, face coverings are required outdoors any time physical distancing cannot be maintained, including when attending crowded outdoor events, such as live performances, parades, fairs, festivals, sports events, or other similar settings.

In indoor settings outside of one’s home, including public transportation, face coverings continue to be required regardless of vaccination status.

Persons exempted from wearing a face covering due to a medical condition who are employed in a job involving regular contact with others should wear a non-restrictive alternative, such as a face shield with a drape on the bottom edge, as long as their condition permits it. A face shield alone cannot be used as a substitute for a face covering.

Employers shall provide face coverings and ensure they are worn by employees over the nose and mouth when indoors, when outdoors and less than six feet away from another person. Employers shall ensure face coverings are clean and undamaged. Employers shall evaluate the need for personal protective equipment, such as gloves, goggles, and face shields, and provide such personal protective equipment as needed. Face shields are not a replacement for face coverings, although they may be worn together for additional protection. Employees exempted from wearing face coverings due to a medical condition, mental health condition, or disability shall wear an effective non-restrictive alternative, such as a face shield with a drape on the bottom, if their condition or disability permits it. When using employer-provided transportation, the vehicle operator and any passengers must be provided with and wear a face covering in the vehicle.

NOTE: Many California localities have provisions concerning face coverings for employees and/or customers. Please check with your Littler attorney for additional information about your particular jurisdiction.

Colorado

Requirement

Employees of critical businesses and mass transportation who interact in close proximity with other employees or with the public must: (1) wear medical or non-medical cloth face coverings that cover the nose and mouth while working, except where doing so would inhibit that individual’s health; and (2) wear gloves, as appropriate by industry standards, when in physical contact with customers or goods if gloves are provided to workers by their employer. A face shield is not an acceptable substitute for a cloth or disposable face covering.

Individuals over age 10 must wear a face covering when entering or within any indoor public space and when using transportation services. An owner, operator, or manager of a public indoor space may not provide service to individuals or allow an individual to enter unless the individual is wearing a face covering as required. Masks are not required in gatherings of 10+ people if 80% of the attendees are vaccinated.

NOTE: Many Colorado localities have provisions concerning face coverings for employees and/or customers. Please check with your Littler attorney for additional information about your particular jurisdiction.

Connecticut

Requirement

Face coverings are required for all people over age 2 when in a public place, including while using transportation services, and unable to maintain social distancing. Documentation required for individuals claiming an exemption due to a medical condition.

Restaurant employees and customers must wear face coverings. Employers must provide face coverings for employees.

Retail employees and customers must wear face coverings. Employers must provide face coverings for employees.

Office-based businesses must require employees to wear employer-provided face coverings.

Personal care services employees and patrons must wear face coverings.

Employers must provide face coverings for employees. 

NOTE: In Connecticut, at least one locality has provisions concerning face coverings for employees and/or customers. Please check with your Littler attorney for additional information about your particular jurisdiction.

Delaware

Requirement

Employers must provide employees with a face covering to wear while working in areas open to the general public and areas in which coming within 6 feet of other staff is likely. Businesses must provide, at their expense, such face coverings as well as hand sanitizer for their employees. All employees are strongly encouraged to use personal face coverings until their employer provides a face covering.

All individuals over age 11 must wear…



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