Un-masking Do’s and Don’ts

On February 28, 2022, California Department of Public Health (CDPH) updated its face mask guidance.  Effective March 1, 2022, CPDH no longer requires masks for unvaccinated individuals in most indoor public settings, although it strongly recommends that all persons, regardless of vaccine status, continue using well-fitting surgical masks or respirators indoors.

Local health jurisdictions may continue to implement additional requirements, and CDPH still requires universal masking in these high-risk settings:

• Public transit;
• Emergency shelters and cooling and heating centers;
• All healthcare settings;
• Correctional facilities and detention centers;
• Homeless shelters; and
• Long term care settings and adult and senior care facilities

Also on February 28, Governor Newsom issued Executive Order N-5-22, suspending the Cal/OSHA Emergency Temporary Standards (ETS) face covering requirement for unvaccinated workers in most indoor workplaces.

However, as stated in the updated ETS FAQs, “other face covering requirements within the ETS remain in place, including provisions requiring face coverings in outbreaks and employer-provided transportation.”

Those FAQs also confirm employees “can request face coverings from the employer at no cost to the employee and wear them at work, regardless of vaccination status, without fear of retaliation.”

For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.

See also:

• Management’s Best Foot Forward – Workplace Policy Handbook & Forms for 2022(February 18, 2022)
• Cautionary Tale Episode 40 Big Stick Compliance CAL/OSHA Fines Numerous Businesses for COVID-19 Violations  (March 4, 2021)

Cindy Bamforth
March 17, 2022