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Face coverings at work: OSHA considerations

May 2020 employment law letter
Authors: 
Hannah Wurgaft and Peter Lowe, Brann & Isaacson

In mid-April, the Centers for Disease Control and Prevention (CDC) recommended Americans wear cloth face coverings in public because of the coronavirus outbreak. Several jurisdictions followed suit, including Rhode Island and Connecticut, requiring individuals to cover their mouth and nose in public and the workplace. We expect the mandates to increase as states prepare to let employees return to their workplaces.

The Equal Employment Opportunity Commission (EEOC) says employers may require employees to wear personal protective equipment (PPE) to reduce the transmission of COVID-19. The following article focuses on mandatory face coverings in workplaces with medium and low exposure risk, such as retail operations, schools, and other businesses with office settings. We offer no opinion on the medical efficacy of face masks or coverings, which is beyond our area of expertise.

Not all face masks are cut from the same cloth

First, let’s distinguish between “face masks” and “cloth face coverings.” Face masks are specialized equipment reserved for healthcare workers and first responders, including N95 and surgical masks. Face masks in the workplace are generally considered PPE.

Cloth face coverings, on the other hand, include bandanas or other household material that covers an individual’s mouth and nose. The CDC says cloth face coverings should fit snugly, be secured with ties or ear loops, include multiple layers of fabric, allow for breathing without restriction, and be laundered routinely.

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