Delaware Employers Must Supply Face Coverings, Hand Sanitizer

Fox Rothschild LLP
Contact

Fox Rothschild LLP

Businesses and individuals in Delaware are required to take additional protective measures in workplaces and public settings under Gov. John Carney's latest modification to the State of Emergency Declaration.

Employers are required under the order to provide face coverings and hand sanitizer to employees. All individuals must wear face coverings in public settings where social distancing of six feet is difficult to maintain, and business are required to notify customers of the requirements and enforce the rules on their premises.

The new employer and business rules take effect on May 1, but the individual rules for public settings take effect sooner, on April 28.

A “face covering” means a cloth or fabric covering that fully covers a person’s nose and mouth, such as a scarf or bandana. The order urges Delawareans to reserve medical-grade masks for health care providers and first responders.

Employer Mandates

Effective Friday, May 1, at 8 am, the following rules apply to employers:

  • Employers must provide, at their own expense, each employee a face covering to wear while working in areas open to the general public and in areas where they are likely to come within six feet of other staff members.
  • Employers must provide, at their own expense, hand sanitizer for employees.
  • Restaurants must require all employees who interact with customers, including delivery personnel, to wear a face covering while working.

Business Mandates

Effective Friday, May 1, at 8 am, the following rules apply to businesses:

  • Businesses that are open to the public must decline entry to a person who refuses to wear a face covering, unless that person has a medical reason for not wearing a face covering. The business cannot ask for proof of the medical condition.
  • A business that provides medication, medical supplies or food should provide alternative methods of pickup or delivery, such as bringing the medication to the customer in the parking lot.
  • Businesses that are open to the public must post a sign at the entrance and signs inside the store to remind customers to wear face coverings.

Individual Mandates

Effective Tuesday, April 28, at 8 am, all individuals must wear face coverings in the following settings, except for children 2 years of age or younger or where wearing a face covering would inhibit the person’s health.

  • On public transportation, in taxis, hired private cars or ride-sharing vehicles.
  • At grocery stores, convenience stores, laundromats, restaurants or other businesses where social distancing is difficult. This restriction applies to standing in line outside the business as well as inside the business.
  • At any health care provider, including hospitals, medical clinics, doctor’s offices, medical laboratories, dental offices, pharmacies, blood banks, and veterinary clinics.
  • In any outdoor public area if maintaining social distancing of six feet is impractical. This restriction includes state parks and golf courses.
  • If they are in any public area and are feeling sick, coughing, or sneezing.

The order specifies that these restrictions have the force and effect of law, and that failure to comply is a criminal offense.

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Fox Rothschild LLP | Attorney Advertising

Written by:

Fox Rothschild LLP
Contact
more
less

Fox Rothschild LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide