Complete Story
07/29/2020
What Ohio Employers Need To Know About New Mask Mandate And Travel Advisory
Source: Melissa Dials, Fisher Phillips, July 24, 2020
In response to the rise and spread of newly reported COVID-19 cases, Ohio’s Department of Health issued an order this week mandating the use of face coverings in public. In addition to the mask mandate, the agency issued a new travel advisory for Ohioans. What do Ohio employers need to know about these developments?
Face Coverings Required
Effective immediately, and unless an exception applies, all individuals within Ohio must wear a face covering when:
- in any indoor location that is not a residence;
- outdoors and unable to consistently maintain six feet of distance between themselves and individuals that are not members of the same household; and
- waiting for, riding in, driving, or operating public transportation, taxis, private car services or ride-sharing vehicles.
Notably, “facial covering (mask)” is broadly defined to include any material (not just cloth/fabric coverings as required in previous orders for employers) that covers the nose, mouth, and chin.
Mask Mandate Takeaways For Employers
The requirement to wear facial coverings in the workplace is not new for Ohioans, as Ohio employees have been required to wear facial coverings in the workplace since April of this year. Other than expanding upon and clarifying some of the exceptions, perhaps the most significant change for businesses is that customers and visitors are now required, not just encouraged, to wear masks unless an exception applies.
Given the number of well-publicized reports of customers and visitors reacting in a belligerent and sometimes violent manner after being asked to comply with mask mandates, it is understandable that many businesses are left asking how to enforce this new rule. You can find a five-step plan for handling anti-mask guests here.
If an employee claims they have a medical condition that prevents them from wearing a face covering, you should engage in the “interactive process” under the Americans with Disabilities Act (ADA). This process includes a carefully tailored medical questionnaire for the employee’s treating physician to verify the employee’s work restrictions if they are not obvious and to ask about other options such as face shields. Although the CDC endorses face shields only when masks are unavailable, it advises that face shields should wrap around the sides of the wearer’s face and extend to below the chin.
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Ohio’s Travel Advisory
In addition to the mask mandate, ODH is recommending against travel to states with a high positivity rate (the positivity rate is an indicator of how much COVID-19 there is in a given community). Those entering Ohio after travel to states reporting positive testing rates of 15% or higher (aka “hot spots”) for COVID-19 are advised to self-quarantine for 14 days. The advisory applies to both personal and business travel by Ohioans and out-of-state travelers. Because this is an advisory and not an order, the 14-day self-quarantine is recommended but not required.
Given the current ODH travel advisory and CDC guidance regarding international travel, you may ask employees to share where they plan to travel, even if the travel is for personal reasons. Additionally, although not a requirement, after traveling to a designated “hot spot,” you should ask employees to self-quarantine for 14 days before returning to work if at all possible in order to protect other employees and reduce the employer’s potential liabilities. Finally, given the current travel advisory, you should not ask your employees to travel to designated hot spots for business unless absolutely necessary.
