Modification of Face Coverings for Employees as States Continue to Adjust COVID-19 Guidance
By: Shana D. Velez
As the federal government’s COVID-19 guidance continues to change so do the public health orders issued by state governments. As COVID-19 numbers trend downward in many states, restrictions are being lifted throughout the nation by those states’ Public Health Departments.
Most state departments of labor are changing the guidance they provide to businesses to align with the most recent Centers for Disease Control guidelines. The most noteworthy changes affecting businesses are the lifting of various mask mandates and shortening of isolation times for employees who may have been exposed to COVID-19. While the majority of states still require masks to be worn in certain settings including jails, homeless shelters, healthcare settings and long term care facilities, many have changed or lifted mask mandates in other settings.
In Colorado, as of April 20, 2022, the updated guidance for employers changed significantly to be based on the level of COVID-19 in the specific community (as taken from the CDC website https://www.cdc.gov/coronavirus/2019-ncov/science/community-levels.html ). Colorado now only requires face coverings for unvaccinated or not fully vaccinated staff in emergency medical and other healthcare facilities. Other requirements are dependent on the level of COVID in the community.
On May 7, 2022, California’s Department of Industrial Relations released their latest fact sheet and FAQs for employers regarding the COVID-19 Prevention Emergency Temporary Standards. Specifically, CAL OSHA removed the requirement that all employees wear face coverings, even for employees who may not be vaccinated or fully vaccinated. California employers are also now required to provide testing available to all employees who have COVID-19 symptoms or who had known close contact in the workplace. California also shortened the time that employees who test positive must isolate, reflecting the most recent isolation and quarantine guidelines issued by the California Department of Public Health. The most time employees will be required to take off is 10 days with most being able to return within five (5) days of a positive test if they wear a face covering.
Take away: as COVID-19 variants continue to appear, Campbell Litigation expects state and federal governments to continue to require employers take steps to lessen the risk of spread in workplaces. As federal, state or local government mandates evolve, Campbell Litigation will continue to provide updates.