Considerations in implementing postvaccine rule on masks in workplace

As COVID-19 vaccines become widely available to employees, employers may be wondering if they should update their rules on masks in the workplace. Many are moving to a rule under which unvaccinated employees are required to continue wearing masks, while vaccinated employees are not. Should employers wish to implement such a rule, they should consider the different aspects of state, federal, and local law that might come into play.

General considerations

In implementing the new (and seemingly popular) mask rule in the workplace, the first and foremost recommendation is to put it in writing and circulate it to employees. New workplace rules should always be in writing so employees can understand their obligations and you can fully document your efforts.

Before looking to the law, you may want to consider three threshold questions:

• Will you sponsor or implement a voluntary vaccination program for employees?
• Other than the new mask rule, do you plan to incentivize employees to be vaccinated?
• How will you track or require proof of their vaccination?

As every employer is likely aware, the U.S. Centers for Disease Control and Prevention (CDC) now says people who are fully vaccinated don’t need to wear masks to protect themselves and others against COVID-19. The position is based on studies that conclude the coronavirus vaccines are roughly 90% effective in reducing transmission and 95% effective in reducing illness from an infection.