Masks Can Come Off: But Employers May Consider Holding Back
March 2022
This morning, March 2, 2022, the Governor issued an executive order suspending the requirement in the Cal/OSHA Emergency Temporary Standards (ETS) for unvaccinated workers to be masked indoors. This order comes a few days after the California Department of Public Health issued guidance which strongly recommends masking for unvaccinated individuals, but no longer requires it. Now employers may opt to allow all employees to not wear masks and remain in compliance with the ETS.
While the ETS’s masking requirement is no longer in effect, the requirements to exclude employees after a close contact remain. As a reminder, unless employees have received their booster dose or are not yet eligible to, they must be excluded for a minimum of 5 days. Additionally, the requirement that employees wear masks for 10 days after an exposure or a positive test is still in place. These requirements are discussed in more detail in our prior Alert. As a result, employers of indoor workforces may consider keeping masking requirements in place to reduce the risk of COVID-19 transmission and the resulting disruption of employees having to stay home.
Stradling Has Resources To Help You Stay Compliant
To assist California employers in complying with the various COVID-19 requirements in California, Stradling has created COVID-19 protocols which incorporate all the new requirements and clarifications of the Cal/OSHA Emergency Temporary Standards and help businesses comply with federal, state, and county requirements. Stradling also has resources to ensure you are in compliance will all employment related laws in California. We encourage you to reach out if you want to make sure you are in compliance with any applicable requirements.
Labor and Employment Practice Group
Jeff Dinkin
805.730.6820
jdinkin@stradlinglaw.com
Jared Speier
805.730.6804
jspeier@stradlinglaw.com
Intellectual Property Practice Group
Steven Hanle
949.725.4126
shanle@stradlinglaw.com
Corporate and Securities Practice Group
Ryan Wilkins
949.725.4115
rwilkins@stradlinglaw.com
Public Finance Practice Group
David Casnocha
415.283.2241
dcasnocha@stradlinglaw.com
Brian Forbath
949.725.4193
bforbath@stradlinglaw.com
Litigation Practice Group
Jason de Bretteville
949.725.4094
jdebretteville@stradlinglaw.com
