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What to do if employees 'can't wear mask because of medical condition'

September 2020 employment law letter
Authors: 
Richard I. Lehr, Lehr Middlebrooks Vreeland & Thompson, P.C.

Many employers are wondering what to do if employees say they can't wear a required mask at work because of a medical condition. Read on to learn more.

Steps for employers

Here are steps employers can take when workers claim they can't wear a mask at work.

Know the facts. First, you've probably seen a great deal of misinformation about masks. The Occupational Safety and Health Administration (OSHA) has released a helpful Q&A about the safety of medical and surgical masks (https://www.osha.gov/SLTC/covid-19/covid-19-faq.html).

Depending on your workforce, you may want to provide the mask information as a positive talking point during a preshift or other regular meeting. At the least, you could have the material readily available on an as-needed basis.

Require medical verification. Next, if employees articulate a specific medical reason for being unable to wear a mask, you have the right to require them to provide medical substantiation for the limitation. Specifically, you may require them to ask the healthcare provider to:

  • Identify whether the issue is (1) any covering, (2) its density, or (3) the fabric; and
  • State what accommodation, if any, you could make for the employee in lieu of a face covering.

Evaluate possible accommodations. Let's assume the employee simply cannot wear a face covering. If so, you would evaluate whether a form of accommodation is available that would allow your infection control prerogatives to remain in place. They might include:

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