Updated California Face Covering Rules Updated California Face - PDF document

CLIENT ALERT Updated California Face Covering Rules Updated California Face Covering Rules New EEOC And OSHA Reopening Guidance New EEOC And OSHA Reopening Guidance Local Government Rules For Reopening Local Government Rules For Reopening June 19th, 2020 essential for communication. Individuals engaged in CDPH Updates Guidance On Use Of Face outdoor work can also be exempt so long as they are Coverings able to remain at least six feet from others. The California Department of Public Health (CDPH) released updated guidance on the use of face Employers need to comply with these new rules coverings as the state sees an uptick in COVID-19 as it applies to their employees and members cases. The guidance requires mandatory use of face of the public visiting the workplace. Employers coverings in a variety of high-risk situations, including should consider posting signs requiring face masks at the workplace. Specifjcally, the guidance requires for visitors or customers at the worksite if such those engaged in work (at the worksite or performing postings are not already required by other applicable work off-site) to wear a face covering when: guidance. If employers do not take measures to ensure that visitors and employees are taking • Interacting in-person with any member of the necessary safety precautions, they may be exposed public to claims that they failed to provide a safe work environment for their employees. • Working in any space visited by members of the public, regardless of whether anyone from the The guidance also requires wearing face coverings in public is present at the time other settings, such as when one is inside of, or in line to enter any indoor public space. • Working in any space where food is prepared or packaged for sale or distribution to others The CPHD guidance can be found at: https://www. cdph.ca.gov/Programs/CID/DCDC/CDPH%20 • Working in or walking through common areas, Document%20Library/COVID-19/Guidance-for-Face- such as hallways, stairways, elevators, and parking facilities Coverings_06-18-2020.pdf • In any room or enclosed area where other people (except for members of the person’s own EEOC Updates Technical Assistance household or residence) are present when unable Questions And Answers to physically distance The EEOC recently updated its Q&A on issues related to COIVD-19 and various equal employment The guidance also provides several exceptions. These opportunity laws, including the Americans with exceptions include people living with disabilities that Disabilities Act (ADA). As jurisdictions around the could have diffjculty breathing with a mask, or the country have begun allowing the reopening of hearing impaired (and those talking to the hearing businesses, the EEOC has provided further guidance impaired) when the ability to see the mouth is Stradling Yocca Carlson & Rauth, P.C. sycr.com 1

CLIENT ALERT on several issues relevant to employees returning to for harassment during the pandemic, particularly the workplace: against employees who are or are perceived to be of Chinese or other Asian national origin, and • The EEOC clarifjed that employees in high risk to remind employees of their anti-discrimination categories (e.g., older workers, pregnant workers, policies. or workers with a medical condition making them particularly vulnerable to COVID-19) cannot • Employers may not require antibody testing be excluded from returning to the workplace before employees return to the workplace. or treated differently from other workers based Antibody tests are considered medical on their high risk category. However, employers examinations under the ADA and at this time do can provide a general notice to all employees not meet the ADA’s requirement that medical reminding them of the company’s reasonable examinations be “job related and consistent with accommodation policy and that requests for business necessity.” accommodation or fmexible working conditions This new EEOC guidance can be found at https:// will be considered on an individualized basis. www.eeoc.gov/wysk/what-you-should-know-about- • Employers can consider the voluntary request covid-19-and-ada-rehabilitation-act-and-other-eeo- of employees in high risk categories for laws accommodations such as working remotely, and provide such accommodations even OSHA Guidance On Returning To Work though the requesting employee does not have The Occupational Safety and Health Administration a covered disability, so long as providing the (OSHA) released new Guidance on Returning to Work accommodations is not done in a discriminatory during the COVID-19 pandemic. This guidance clearly or retaliatory manner. states that it “is not a standard or regulation, and it • Employees are not entitled to accommodations creates no new legal obligations.” Instead it restates under the ADA because their family members are some mandatory safety and health standards and at a higher risk of severe illness from COVID-19. otherwise provides advisory recommendations. The The employer’s accommodation obligations only guidance reiterates that under Section 5(a)(1) of the extend to an employee’s disability or medical Occupational Safety and Health Act’s General Duty condition. Clause, employers are required “to provide their employees with a workplace free from recognized • Older workers (aged 65 and higher) are hazards likely to cause death or serious physical at elevated risk for COIVD-19, but the Age harm.” Discrimination in Employment Act does not provide for accommodations based solely on age. This new OSHA guidance goes on to provide However, older workers may have underlying general principles for the three phase reopening medical conditions that could trigger ADA plan identifjed in the White House’s Guidelines for obligations. Opening up America Again, along with examples of how to implement these principles in the • Many employers are requiring some manner workplace. The guidance calls for (among other of symptom or temperature screening at the things) implementing social distancing measures, beginning of an employee’s shift. The EEOC creating protocols for addressing sick employees, notes that employees may also be entitled and training employees on COIVD-19 risks and safety to accommodations for alternative screening precautions. Below are several highlights from the procedures, and that employers should engage OSHA guidance: their standard ADA accommodation process for these requests. • OSHA confjrmed that cloth face coverings are not considered Personal Protective Equipment • The EEOC also reminded employers to be vigilant (PPE). However, OSHA reiterated that employers Stradling Yocca Carlson & Rauth, P.C. sycr.com 2