Do your employees need to wear face masks?
There are so many things to consider when making business decisions right now. It can be overwhelming understanding how to apply all of these regulations and laws to your workforce. One question that keeps coming up is:
Are you requiring your employees to wear a face mask?
Employers can mandate employees to wear face masks due to Covid-19. The EEOC provides direction and guidance when requiring face masks. You should review Osha regulations as well. And then, what is the difference between a law and an ordinance? An ordinance is a law passed by a municipal government which can be challenged in court.
Here are some things to review before testing employees:
Osha recommends that you take the nature of the work and job duties into consideration. Osha’s Respiratory and Protection Standard says that high-risk employees must be provided PPE, like respirators. These positions could include healthcare and laboratory workers. So, this won’t apply to most of the workforce.
Osha regulations state that the masks must be approved by NIOSH, the National Institute for Occupational Safety and Health.
Employers should provide training on how to wear them and keep them clean and maintained. Single-use masks must be discarded properly once worn.
Some states laws require the employers to pay for the masks if required and others specifically stipulate that they don’t have to.
Unlike N95 respirators and surgical masks, cloth face masks are worn to protect them from respiratory droplets, not exposure. So, those are not considered PPE.
What if an employee refuses to wear a mask when mandated?
If this is due to medical conditions that prevent them from being able to, you’ll want to ensure you are complying with the ADA (Americans with Disabilities Act) which requires employers to provide “reasonable accommodations” for employees with a disability. Disabilities can cover a range of medical issues, so look them up first.
If there is a state or local order, start with a conversation to explain the importance. Depending on the local or state directives, the employer may be able to suspend the employee. This comes with other HR risks, though.
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