The CDC Just Relaxed Mask Mandates – Here’s What it Means for Employers
Recently, the Centers for Disease Control and Prevention (CDC) announced that fully vaccinated individuals no longer need to wear a mask or physically distance in most settings. While this announcement represents an important step towards pre-pandemic life for vaccinated Americans, employers should take care before relaxing their existing health and safety protocols.
Updated Mask Requirements in California
Businesses must comply with state and local guidelines, which might conflict with current CDC advice. In California, the Occupational Safety and Health Standards (Cal/OSHA) board voted last month to end face mask requirements for vaccinated employees in the workplace. While masks are not required for fully-vaccinated employees, employers must verify and document employee vaccination status.
Employees are considered fully-vaccinated two-weeks or more after receiving their second dose of the COVID-19 vaccine or one dose of a single dose series. It isn’t clear whether the CDC will require booster doses to maintain vaccination status in the future.
The recent CDC guidance does not impact current EEOC guidance, which allows employers to ask employees about their vaccination status. However, employers need to take care when requesting this information. While asking about vaccination status isn’t necessarily a medical inquiry, asking in a way that solicits medical information could violate ADA regulations. This includes asking an employee why they haven’t received the vaccine yet.
Can Employers Lift Mask Mandates?
Employers can safely lift workplace mask mandates as long as they comply with all applicable state and local requirements. These requirements can vary from one area to the next, and businesses with multiple locations may find that different rules apply to each facility. It’s extremely important to keep in mind that CDC guidance does not supersede state and local workplace regulations.
Although state and local departments of health and OSHA consider CDC advice when developing their own guidelines and regulations, the recent CDC announcement was nothing more than a recommendation.
The decision to lift mask mandates in the workplace relies heavily on state and local regulations as well as the type of risk employees face at work. For example, employers may choose to require face coverings in situations where employees may have exposure to individuals whose vaccination status is unknown. This is often the case when employees work in public settings or multiple venues. The CDC’s Considerations for Returning to Work outline the specific requirements.
Keeping Track of Vaccinated Employees
If state and local laws allow employers to inquire about vaccination status, employers should not keep a copy of their employees’ vaccination cards. Doing so could violate ADA privacy laws. Instead, employers should keep a log of employees that are eligible to work on-site with others and in certain situations. Employers also need to establish clear policies and enforcement guidelines to ensure only eligible employees come to work without a face covering.
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