Businesses: How To Address Relaxed or Continued COVID-19 Mask-Wearing Requirements
It’s official, the CDC announced that all fully vaccinated people can abandon masks… (Source)
If you are fully vaccinated, you can resume activities that you did prior to the pandemic.
Fully vaccinated people can resume activities without wearing a mask or physically distancing, except where required by federal, state, local, tribal, or territorial laws, rules, and regulations, including local business and workplace guidance.
CDC Guidance Updated May 16, 2021
How Will Businesses Implement?
The U.S. Centers for Disease Control and Prevention (CDC)‘s newly relaxed policy raises complicated questions for employers about whether to revise their mask requirements and social-distancing policies.
Perhaps you’ve noticed, several businesses have chosen not to relax the mask-wearing guidelines while a few have. What will your business do? Regardless of whether you choose to relax the guidelines or uphold strict mask-wearing policies, management needs to carefully communicate the decision with staff and patrons. We’ve outlined a few tips below to help guide your process while in this state of flux. Contact HRinDemand to create a custom memo/policy for your company.
Tip #1 – Review the Rules
Rules are Industry Specific: The CDC has said fully vaccinated people “can resume activities without wearing a mask or staying 6 feet apart, except where required by federal, state, local, tribal or territorial laws, rules and regulations, including local business and workplace guidance.”
Notably, the guidance does not apply in every industry. People must cover their faces and practice physical distancing when they go to a doctor, hospital or long-term-care facility; when they travel by bus, plane, train or another mode of public transportation; while they are in transportation hubs, such as airports and bus stations; and when they are at a prison, jail or homeless shelter.
Rules are State Specific: Employers need to be careful about making swift changes until they verify state and local requirements. Nevada has lifted the mask requirement.
Rules Are Dependant of Vaccination Status: Determining vaccination status is a whole new can of worms, especially when it comes to businesses approaching their staff and requiring proof of vaccinations. For specific advice on that consult with the expert team at HRinDemand.
Look for Updates from OSHA: Employers should look for updates from OSHA and the U.S. Equal Employment Opportunity Commission (EEOC) on evolving workplace guidelines related to COVID-19 safety and best practices. The EEOC said it is currently reviewing the CDC’s new guidelines to “considering any impact” on its COVID-19 technical assistance. OSHA has not yet given clear direction. Keep in mind that the CDC guidance is meant for the general public and that OSHA has enforcement authority on workplace safety issues. (Source)
Implementing Policy
Businesses need to communicate policy with employees. We recommend creating a letter that can be emailed, printed and handed out and of course posted publicly.
Relaxed Policy Verbiage
To Relax Your workplace policy on the need to wear masks, we recommend the following:
Include Facts From the Source:
On May 13, the CDC announced that fully vaccinated people no longer need to wear a mask or physically distance in any setting, except where required by federal, state, local, tribal or territorial laws, rules and regulations, including local business and workplace guidance. Individuals are considered fully vaccinated:
- Two weeks after their second dose in a two-dose series, such as the Pfizer or Moderna vaccines.
- OR two weeks after a single-dose vaccine, such as Johnson & Johnson’s Janssen vaccine.
Specifically Outline Who Qualifies and Who Doesn’t Qualify:
Fully vaccinated employees who provide proof of vaccination qualifies
Those in the process of becoming fully vaccinated and those who remain unvaccinated do not qualify
Include All Aspects of the New Policy Including Covid Test Requirements and Quarantine Requirements
Reinforce your policy, define if exposures need to be reported to HR, etc.
Define Expectations for Respect of Policy Modification as New Guidance Unfolds
Ask employees to be supportive of their co-workers’ choices.
Verify that the company will continue to review and update the policies and alert staff of changes.
Leave Contact Information
Included a contact person to refer to if staff has any questions or concerns.
Continued Mask Wearing Requirement
To reinforce your current mask wearing requirement, HRinDemand recommends the following:
Acknowledge the New Guidance But List Reason To Not Follow
While the Centers for Disease Control and Prevention announced on May 13 that fully vaccinated people no longer need to wear a mask or physically distance, we will continue to require all employees to wear a mask. This decision was made… (insert reason here).
Define Expectations for Respect of Policy Modification as New Guidance Unfolds
Ask employees to be supportive of their co-workers’ choices.
Verify that the company will continue to review and update the policies and alert staff of changes.
Leave Contact Information
Included a contact person to refer to if staff has any questions or concerns.
Contact HRinDemand to create a custom memo/policy for your company
Melissa Marsh, SPHR, SHRM-SCP, is a human resources consultant and founder of HRinDemand, a human resources company in Reno, NV, offering expert guidance and easy-to-use tools to help small businesses with employment regulations, compliance, employee relations, and company growth.
Sources:
Lisa Nagele-Piazza, J.D. “Managing Workplace Mask Requirements as Restrictions Are Lifted.” SHRM, SHRM, 18 May 2021, www.shrm.org/ResourcesAndTools/legal-and-compliance/employment-law/Pages/Managing-Workplace-Mask-Requirements-as-Restrictions-Are-Lifted.aspx.