Q - A: Modifying safety rules to allow vaccinated employees to take off their masks

Q We have COVID-vaccinated employees asking if they can stop wearing masks at work. Can we modify our mask policy only for vaccinated employees while requiring unvaccinated employees to continue wearing them?

Yes, most employers may modify mask policies to allow fully vaccinated employees to stop wearing masks at work while continuing to require unvaccinated employees to wear them. You should be sure, however, to comply with any federal, state, or local law that requires more stringent safety measures. In addition, healthcare employers should be sure to follow the extensive safety requirements set out by the Occupational Safety and Health Administration (OSHA) in its COVID-19 emergency temporary standard.

OSHA's updated guidance, which applies to employers who aren't in the healthcare sector, makes clear you generally don't need to take steps to protect your fully vaccinated employees from COVID-19 exposure, except when required by federal, state, or local law. The guidance, however, says you should continue to take steps to protect your unvaccinated or otherwise at-risk employees, such as those who have compromised immune systems. Specifically, it recommends you require unvaccinated employees to wear face coverings, provide them with face coverings or surgical masks at no cost, and implement social distancing in all communal areas.