Facilities Ponder Masks After CDC Guidelines Lift Mandate for Vaccinated Americans

If you’re struggling in your decision whether to keep mask wearing mandatory in your facility, you’re not alone.

Earlier this month, the U.S. Centers for Disease Control and Prevention (CDC) lifted the mask and six-feet social distance requirement for Americans fully vaccinated against COVID-19  for many indoor and outdoor settings. This latest guidance has raised concern and confusion among many employers and facility managers as they question what to do next. Should they request proof of vaccination from their building inhabitants? Allow all people inside their facilities without masks and trust unvaccinated people to mask-up? Or continue to require masks for everyone?

Dr. Anthony Fauci, U.S. President Joe Biden’s Chief Medical Adviser and the nation’s top infectious disease expert, acknowledged the confusion businesses will have with the CDC’s latest guidance during an ABC News Good Morning America segment. “The problem with the issue is we don’t have any way of knowing who is vaccinated and who is not vaccinated,” Fauci said. “…And under those circumstances, it is perfectly reasonable enough and understandable for the owner of that establishment to say you know we are going to keep the mask mandate up.”

Many retailers have dropped the mask requirement in order to alleviate negative customer interactions including Home Depot, Target, Starbucks, Walmart, Sam’s Club, Costco, and Trader Joe’s, KTVX-TV reports.

Smaller businesses have concerns over existing state emergency temporary standards, state regulations and orders, and, most importantly, their employees’ and customers’ safety. Therefore, Safety Law Matters is offering the following information to help employers with their decision-making:

• The CDC considers people to be “fully vaccinated” two weeks after receiving the second dose of Pfizer or Moderna vaccines, and two weeks after receiving the Johnson & Johnson vaccine.
• Employers need to continue to comply with rules issued by OSHA-approved state plans, as well as state and local regulations and orders. (Many states and cities have also said they are not requiring masks anymore and other entities are waiting until June to lift mandates like Las Vegas businesses and Texas schools.)
• Employers can continue to mandate masks and social distancing requirements in their workplace establishments for all individuals. The employer’s rules and policies are not contradicted by state and local rules or orders, according to Safety Law Matters.
• Employers are permitted to ask their employees if they are fully vaccinated and request proof of vaccination – their vaccination card, according to U.S. Equal Employment Opportunity Commission (EEOC) guidance. However, employers should not ask follow-up questions if employees have not been vaccinated since these “inquiries risk eliciting information about disabilities and are subject to the requirements of the Americans with Disabilities Act.”

The U.S. Department of Labor’s (DOL) Occupational Safety and Health Administration (OSHA) is currently reviewing the CDC guidance and is expected to update their materials to match the CDC’s fully vaccinated workers guidance, according to the DOL website.