Things to consider before requiring employees, visitors to wear face masks

Wearing a face covering has become a political signal in the polarizing clash between those who see doing so as a moral responsibility and others who view it as an infringement on their freedom. Consequently, employers can likely expect resistance—including the potential for aggression and violence—if they establish a face-covering policy. Before taking action, they should plan carefully.

Have a plan for employees and enforce your policies

Even in states without mask mandates (such as Iowa), employers have a general duty under the Occupational Safety and Health Act (OSH Act) to provide a safe workplace for employees. The protection may include a company policy on masks and social distancing. You may require employees to wear masks in the workplace during the pandemic, according to general guidance from the Equal Employment Opportunity Commission (EEOC).

Accordingly, we recommend employers have a policy for masks in the workplace. The policy should be based on guidance from the U.S. Centers for Disease Control and Prevention (CDC) and state, local, or county governments and departments of health.

Be sure to accommodate employees with health conditions or religious limitations that prevent them from wearing masks. You may require them to present certification from a healthcare provider about the medical conditions.

If you decide to mandate face coverings for employees, make masks available to them and uniformly enforce the policy. As with all other employment policies, you may discipline workers for failing to wear the masks.