In its most recently released guidance, the Centers for Disease Control and Prevention (“CDC”) has announced that individuals who are fully-vaccinated for COVID-19 are no longer required to wear a mask or practice social distancing in most indoor and outdoor settings.  According to the CDC, this includes attending indoor gatherings, shopping, dining at restaurants, and going to crowded outdoor events like parades, music festivals, or sporting events.  The CDC’s guidance still requires mask use on planes, buses, trains, and other forms of public transportation as well as, in other high-risk workplaces including health care settings, correctional facilities, and homeless shelters.

While many feel as though they can breathe a (maskless) sigh of relief, it is important to note that the CDC’s guidance does not override local, state or federal rules on masks requirements.  Governor Cuomo has indicated that the CDC’s guidance is currently under review and therefore, for now, New York’s mask mandate remains.

In addition, OSHA’s current guidance on COVID-19 recommends that employers not distinguish between workers who are fully vaccinated and those who are not which would require employers to mandate mask use for all employees, whether vaccinated or not.  Any exclusion of some individuals and not others in the workplace could open employers to discrimination claims.  Thus, any changes to mask policies must be carefully considered. 

We expect there to be updates and changes to OSHA’s recommendations as well as to state and local rules in the coming days or weeks and will continue to monitor developments in this area.  In the meantime, we recommend that employers await further guidance before eliminating mask policies in the workplace.  Should you have any questions regarding the new guidance and how it affects your company, please contact ALG.