In response to the rapid increase in new daily cases of COVID-19, and the Delta variant, around half of all Californians are now under mandatory mask requirements in indoor spaces, regardless of vaccination status. These mask mandates are ordered at the county level (and in some cases, at the city level), and include among other areas, Ventura, Santa Barbara and Los Angeles counties. The California Department of Public Health also updated its state-level guidance last week to recommend, but not require, universal indoor masking (recall that California had previously dropped its statewide mandate for the fully vaccinated on June 15, 2021, in line with the CDC’s guidance at the time – which also now has changed). The result is a patchwork of orders and recommendations, meaning that whether a mask is required will depend on what area of the state you are in and your employee’s vaccination status.
Per an August 20, 2021 order issued by the Ventura County Health Officer (click here), all individuals two years of age and older, regardless of vaccination status, are required to wear a mask over the nose and mouth at all times when in an indoor business setting or indoor public setting. Notably, this order applies to all indoor businesses in Ventura County, regardless of whether the employees interact with the public. All businesses (regardless of whether they are open to or serve the public) must require all individuals to wear face coverings, and post clearly visible and easy-to-read signage at all entry points to communicate the face covering requirements. Businesses had until August 23, 2021 to comply, and the order will remain in effect until September 19, 2021 (or until it is extended, rescinded, superseded or amended).
Exemptions include, without limitation, persons who are specifically exempted from wearing face masks pursuant to CDPH guidance (click here), persons working alone in a closed office or room, persons actively eating and/or drinking and persons actively engaged in water-based sports or other sports where masks create imminent risk to health, like wrestling. For a full list of exempted individuals and exempted activities, see paragraph 6 of the order.
Per a July 18, 2021 order issued by the Los Angeles County Health Officer, all individuals two years of age and older must wear a mask in all indoor public settings, including public and private businesses, regardless of vaccination status. This includes all indoor businesses, such as offices, manufacturing, warehouses, retail, restaurants, theaters, family entertainment centers, meetings and state and local government offices serving the public. A revised order issued on August 23, 2021, (click here) also requires face masks to be worn at all outdoor “Mega-Events”, which are events with over 10,000 attendees, like concerts and sporting events. All businesses in the county (regardless of whether they are open to or serve the public) must require all individuals to wear face coverings, and post clearly visible and easy-to-read signage at all entry points for indoor and outdoor settings to communicate the masking requirements. The order and revised order will continue until further notice.
Exemptions include, without limitation, employees who perform specific tasks which cannot feasibly be performed while wearing a mask, though this exception is limited to the period of time in which such tasks are actually being performed. Workers who cannot feasibly wear a mask while performing their work must be tested for COVID-19 at least twice per week, unless the employer is provided proof of the employee’s full vaccination or proof of recovery from laboratory-confirmed COVID-19 within the past 90 days. Also exempted are persons that are alone in a separate room, office or interior space, and persons showering or engaging in personal hygiene or personal care service that requires removal of the face mask. Also exempted are persons actively eating or drinking; however, in this scenario, one may briefly remove their mask for the limited time in which they are eating or drinking, and then must put the mask back on. Special considerations are made for people with communication difficulties or certain disabilities. For a full list of exemptions, see paragraph 4 of the revised order. The categories of persons who are exempt from mask requirements are also listed here.
Per an August 6, 2021 order issued by the Santa Barbara County Health Officer (click here), all individuals two years of age and older, regardless of vaccination status, are required to wear a mask in all indoor public settings and businesses. This order applies to both the incorporated and unincorporated areas of Santa Barbara County, and includes but is not limited to offices, retail stores, restaurants and bars, theaters, family entertainment centers, conference and event centers, and State and local government offices serving the public. Businesses must require all individuals to wear a face covering and post clearly visible and easy-to-read signage at all entry points to communicate the face covering requirements. This order became effective on August 6, 2021, and will remain in effect until September 5, 2021 (or until it is extended, rescinded, superseded, or amended).
Exemptions: The order lists a number of exemptions for which individuals are not required to wear a face covering, including persons working alone in a closed office or room, persons actively eating and/or drinking, and persons swimming or showering. Persons with a medical condition, mental health condition, or disability that prevents wearing a face covering, and persons who are hearing impaired, or communicating with a person who is hearing impaired, are also exempted. Notably, persons exempted from wearing a face covering due to a medical condition who are employed in a job involving regular contact with others must wear a non-restrictive alternative, such as a face shield with a drape on the bottom edge, as long as their condition permits it. For a full list of exemptions, see Paragraph 4 of the order.
Per a July 21, 2021 order issued by the City of Pasadena Health Officer (click here), all individuals two years of age and older must wear face masks when indoors, and business must make face masks available to individuals entering the business. Regardless of vaccination status, face masks must be worn in all indoor public settings, venues, gatherings, and businesses, including without limitation offices, retail, restaurants and bars, theaters, family entertainment centers, conference centers, and state and local government offices serving the public. To comply with the order, businesses must require all employees to wear face coverings, require all patrons to wear face coverings, make face masks available to patrons, post clearly visible and easy-to-ready signage at all entry points for indoor and outdoor settings to communicate the masking requirement, and test for COVID-19 at least twice per week all employees who cannot feasibly wear a mask while performing their work. This order became effective on July 22, 2021 and will remain in effect until rescinded in writing.
Exempted from the order requiring masks in indoor spaces are persons who are working alone in a closed office or room, persons who are actively eating and/or drinking, and employees performing specific tasks which cannot feasibly be performed while wearing a mask (though for this group, the exception is limited to just the period of time in which such tasks are actually being performed). For a full list of all exemptions, see Paragraph 4 of the order.
A second order, issued by the City of Pasadena Health Officer on August 18, 2021 (click here), requires all attendees of outdoor “Mega-Events” (defined as events with 10,000 attendees or more) to wear masks, regardless of vaccination status. Exempted from the order requiring masks at outdoor Mega-Events are persons who are actively eating or drinking, though the mask must be immediately put back in place once finished.
Sacramento County and Yolo County also have put in place mask mandates.
Statewide, masks are required for unvaccinated people (and recommended for everyone else) in indoor public spaces, such as retail, restaurants, theaters, family entertainment centers, meetings, and state and local government offices that serve the public. As a reminder, masks are required statewide in the following settings:
Local counties and cities not mentioned above may change their mask requirements as COVID-19 continues to spread. Check your area’s COVID-19 website (click here) for the most up-to-date information.
For questions regarding COVID-19 mask regulations or to address other employment law issues, contact the employment attorneys at LightGabler.
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