California

Can my boss make me wear a mask? As California rules change, here’s what employers can do

California is loosening its indoor mask mandate this week, but the era of face coverings isn’t over.

The latest update lifts requirements for masking in most public indoor settings, including schools. Counties can also continue requiring more stringent mask protocols.

And so can your employer.

According to the California Occupational Safety and Health Administration COVID-19 Emergency Temporary Standards, employers must at least follow state requirements for masking, but can create stricter rules for their employees, as well.

The ETS provides provisional regulations for employers and employees to prevent the spread of the coronavirus in workplaces. It applies to most workers in California and generally follows guidelines set by the California Department of Public Health.

This means employers will have to follow the state’s updated mask mandate that will go into effect March 1 and 12. Employees should note, however, that the ETS has some specific rules and exceptions.

Employees can wear a mask, even if they don’t need to

If an employee prefers to continue wearing a mask while working, they can do so, according to ETS.

However, if wearing a mask poses a safety risk or interferes with the use of work equipment, then employers have the right to not allow masks.

Your manager can require you to wear a mask

Employers can uphold stricter mask guidelines, beyond what is outlined by the ETS. With this right, your boss can continue requiring vaccinated and unvaccinated employees to wear face coverings at work.

According to the emergency standards, employers must make accommodations for staff members who are unable to wear masks due to a mental or physical health condition or hearing impairment. Exceptions must also be made for people who communicate with hearing-impaired people or if they have cannot work effectively with a face covering.

There are other exceptions to ETS mask rules

Employees do not need to wear a face covering if they are alone in a room or vehicle, or if they are eating and drinking while social distancing.

Those who wear respirators are also exempt from wearing masks.

Employers should be providing their employees with masks

Emergency standards, as of Feb. 28, require employers to have face coverings available for employees who are vaccinated or unvaccinated, previously contracted COVID-19, had close contact with someone with the virus or drive a company vehicle.

This story was originally published February 14, 2022 at 12:52 PM with the headline "Can my boss make me wear a mask? As California rules change, here’s what employers can do."

HT
Hanh Truong
The Sacramento Bee
Hanh Truong was a reporter for The Sacramento Bee.
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