Facing Your Face Mask Duties – A List of Statewide Orders (UPDATED)

Littler
Contact

Littler

Governors and public health officials across the country implemented stringent mitigation measures to help contain the spread of COVID-19. As COVID-19 case rates fluctuate, face coverings remain popular as a preventative measure. Numerous jurisdictions have encouraged—or mandated—citizens to wear face coverings when out in public, especially when social distancing cannot be maintained effectively. Some directives also obligate employers to provide masks to their employees.

This post, last updated February 17, 2022 at 9:00 a.m. (Central), identifies the jurisdictions where face coverings are recommended or required. We will update this list regularly but expect it will become outdated quickly as new announcements are made. 

Note that this list does not include face covering guidance at the local level. 

Employers interested in related information may wish to consult our articles identifying statewide vaccination mandates and reopening and mitigation protocols.

Jurisdiction

Requirement or Recommendation

Specifics

Federal

Requirement

Compliance with CDC guidelines with respect to wearing masks is required for on-duty or on-site federal employees, on-site federal contractors; and all persons in federal buildings or on federal lands. Federal workers and onsite contractors must provide proof of vaccination or be required to wear a mask.

CDC requires persons over age 2 to wear a mask on a conveyance (aircraft, train, vehicle, vessel) and while in a transportation hub (airport, bus terminal, seaport, etc.). Operators of conveyances arriving or departing a U.S. port of entry must require travelers to wear masks. Private conveyances for non-commercial use, commercial motor vehicles, military conveyances are excluded. The definition of mask does not include a face shield.

It is also recommended that unvaccinated people wear a cloth face covering in public settings, at gatherings and events, and anywhere they will be around other people. Face shields are not recommended as a substitute for masks.

Fully vaccinated individuals can resume activities without wearing a mask, except where required by federal, state, local, tribal, or territorial laws, rules, and regulations, including local business and workplace guidance. However, these individuals are recommended to wear a mask when in indoor public places in areas of high or substantial transmission.

OSHA recommends that workplaces follow CDC guidance in that all workers in an area of high or substantial transmission wear a face covering indoors regardless of vaccination status, and that employers provide all workers with face coverings at no cost to workers. Employers must discuss reasonable accommodations for any workers who are unable to wear or have difficulty wearing certain types of face coverings due to a disability. Employers should require any other individuals at the workplace (e.g., visitors, customers, non-employees) to wear a face covering unless they are under the age of 2 or are actively consuming food or beverages on site. Workers who are outdoors may opt not to wear face coverings unless they are at risk, for example, if they are immunocompromised. All workers should be supported in continuing to wear a face covering if they choose, especially in order to safely work closely with other people.

Federal contractors must ensure that all individuals, including covered contractor employees and visitors, comply with published CDC guidance for masking  at a covered contractor workplace.

Alabama

Recommendation

Individuals are recommended to wear a mask or other facial covering at all times when within six feet of a person from another household. Employers should encourage use of masks and face coverings by employees.

Alaska

Recommendation

Face coverings are recommended for all individuals age 2 and up. 

NOTE: At least one city in Alaska may have provisions concerning face coverings for employees and/or customers.

Arizona

Recommendation

Masks are not required, but businesses and employers may adopt and enforce face covering requirements.

NOTE: At least one locality in Arizona may have provisions concerning face coverings for employees and/or customers. 

Arkansas

Recommendation

Individuals are encouraged to follow the CDC guidance for masks for vaccinated and unvaccinated individuals. Businesses are permitted to require masks on their premises.

NOTE: At least one locality in Arkansas may have provisions concerning face coverings for employees and/or customers. 

California

Requirement

General Requirement. Masks are required for unvaccinated individuals in indoor public settings and businesses. A business may choose to require all patrons to wear masks. Masks remain required for everyone, regardless of vaccination status, in specified settings including but not limited to public transit and healthcare settings.

Cal/OSHA ETS. In the workplace, fully vaccinated employees do not need to wear a face covering except for certain situations during outbreaks and in settings where CDPH requires them.  Employers must document the vaccination status of fully vaccinated employees if they do not wear face coverings indoors. (Note that per the current CDPH statewide face covering order described above, masks are required indoors regardless of vaccination status.)

Face coverings are required indoors and in vehicles. Employees are not required to wear a face covering when alone in a room or vehicle, and when eating or drinking.

Employees are not required to wear face coverings when outdoors regardless of vaccination status, except for certain employees during outbreaks. Fully vaccinated employees are explicitly allowed to wear a face covering without fear of retaliation from employers.

Employers must provide employees who are not fully vaccinated with NIOSH-certified respirator masks for voluntary use when: working indoors or in a vehicle with others. Employers must also make masks available to vaccinated persons upon request.

Permissible face coverings: surgical masks, medical procedure masks, a respirator worn voluntarily, or a tightly woven fabric or non-woven material of at least two layers that does not let light pass through when held up to a light source. Clear face coverings may be worn for specific accommodations.

NOTE: Many California localities have provisions concerning face coverings for employees and/or customers. 

Colorado

Requirement

Masks continue to be required for unvaccinated or not fully vaccinated individuals in certain specified settings (schools, certain healthcare and government settings).

Individuals aged 12+ who are not fully vaccinated are encouraged to wear a face covering when entering or within an indoor space where members of different households are present. Any fully vaccinated individual may go without any type of face covering in any setting. Medical grade face coverings are required for unvaccinated individuals in certain higher risk settings.

Employers must implement the face covering guidance set forth above.

Owners, operators, and managers of any business or service may, at their discretion, continue to require individuals entering or within their locations to wear face coverings or show proof of full vaccination.

NOTE: Some Colorado localities may have provisions concerning face coverings for employees and/or customers.

Connecticut

Requirement

Any person while indoors in a public place who does not maintain a safe social distance of approximately six feet from every other person and who is not fully vaccinated for COVID-19 shall cover their mouth and nose with a mask or cloth face covering. Fully vaccinated people are not required to wear masks except as provided below.

All persons, regardless of vaccination status, shall use a mask or cloth face covering in the settings specified by the state health department here.

An employer, rather than the employee, is liable for the fine for any employee’s failure to wear a required mask or cloth face covering while at work.

Businesses and organizations may require the universal use of masks or face coverings or require staff to wear masks in settings under their ownership or control.

NOTE: Some Connecticut localities have provisions concerning face coverings for employees and/or customers.

Delaware

Recommendation

The general mask mandate has been lifted, though masks remain required in school and childcare settings.

District of Columbia

Requirement

All persons must wear masks in indoor public settings. Businesses may establish stricter rules, including requiring masks outdoors and showing proof of vaccination to be able to enter the facility. Businesses may exclude persons not in compliance with District health orders and may take appropriate employment actions against employees who endanger themselves or others due to failure to comply.

A face shield is not an acceptable alternative for wearing a mask.

The District's indoor mask requirement will be "dialed back" beginning on 3/1/22.

Florida

Recommendation

All individuals over age 2 are recommended to wear face coverings according to CDC guidelines.

Georgia

Recommendation

Everyone over age 2 should wear cloth face coverings in public settings where other social distancing measures are difficult to maintain.

NOTE: In Georgia, some localities may have provisions concerning face coverings for employees and/or customers.

Hawaii

Requirement

All individuals over age 5 must wear a face covering when in indoor public settings. Masks are not required while working at a desk or work station and not actively engaged with other employees, customers, or visitors, provided that the individual’s desk or workstation is not located in a common or shared area and physical distancing of at least six feet is maintained.

Face shields are not permitted as substitutes for face coverings unless an exception to the face covering requirement applies. Businesses shall refuse admission or service to any individual who fails to wear a face covering, unless an exception applies.

Businesses shall refuse admission or service to any individual who fails to wear a face covering, unless an exception applies. Businesses may adopt stricter protocols or requirements related to face coverings and face shields.

NOTE: In Hawaii, some localities may have provisions concerning face coverings for employees and/or customers. 

Idaho

Recommendation

Employers should identify how personal use items such as masks, face coverings, and gloves may be required by employees, vendors, and/or patrons. Individuals should wear a face covering over their nose and mouth as per guidance from CDC for vaccinated and unvaccinated people.  

Illinois

Requirement

All individuals over age 2 and able to medically tolerate a face covering are required to wear a mask or face covering when in an indoor public place.

All individuals must continue to wear a mask: (1) on public transportation; (2) in congregate facilities; (3) in health care settings, and where required by federal, state, local, tribal, or territorial laws, rules and regulations.

The statewide general mask requirement is set to expire on 2/28/22.

NOTE: In Illinois, some localities may have provisions concerning face coverings for employees and/or customers.

Indiana

Recommendation

Masks remain required in schools, certain health care sites, and certain government sites. Otherwise, individuals are encouraged to follow the CDC guidelines for masks for vaccinated and unvaccinated people.

Iowa

Recommendation

Individuals are recommended to follow CDC guidance for use of face coverings.

NOTE: In Iowa, at least one locality may have provisions concerning face coverings for employees and/or customers. 

Kansas

Recommendation

All individuals over age 2 should wear a face covering in indoor public spaces. 

NOTE: In Kansas, at least one locality may have provisions concerning face coverings for employees and/or customers. 

Kentucky

Requirement

Masks continue to be required in certain limited settings (on public transportation, in healthcare settings, schools, and others as specified).

Businesses should encourage unvaccinated persons to wear a face covering when engaged in indoor behaviors associated with a heightened risk of COVID-19 transmission or when physical distancing with other persons not from their family/household is not occurring.

Louisiana

Recommendation

The mask mandate has been lifted. Masks remain recommended indoors in any place outside of a private residence.

Local governments and private businesses retain the authority to impose stricter measures.

NOTE: In Louisiana, at least one locality may have provisions concerning face coverings for employees and/or customers.

Maine

Recommendation

The mask mandate was rescinded. Businesses may choose to require masks and to request proof of vaccination. Masks are recommended for all individuals in areas of high or substantial transmission.

NOTE: In Maine, at least one locality may have provisions concerning face coverings for employees and/or customers.

Maryland

Requirement

All individuals are recommended to wear face coverings regardless of their vaccination status. Individual businesses may still enforce their own requirements.

All individuals over age 5 are required to wear face coverings (1) while using transportation services; (2) in schools; and (3) while obtaining healthcare services. Unvaccinated individuals are advised to wear face coverings in all indoor settings outside of their homes. Businesses retain the discretion to require masks on their premises.

NOTE: In Maryland, some localities may have provisions concerning face coverings for employees and/or customers.

Massachusetts

Requirement

Individuals who are not fully vaccinated are advised to continue to wear face coverings when indoors outside their own homes.

Fully vaccinated people are advised to wear face coverings when indoors (and not in their own homes) if they have a weakened immune system, if they are at increased risk for severe disease because of age or an underlying medical condition, or if someone in their household has a weakened immune system, is at increased risk for severe disease or is unvaccinated.

Masks remain required regardless of vaccination status in certain settings, including while using transportation services and in health care facilities.

NOTE: In Massachusetts, some localities may have provisions concerning face coverings for employees and/or customers. 

Michigan

Recommendation

The mask advisory has been rescinded. During the post-surge recovery phase, all individuals, regardless of vaccination status, should continue to practice masking in high-risk congregate settings (including long-term and health care facilities, jails and correctional facilities and shelters). All individuals, regardless of vaccination status, should also wear a mask during isolation and quarantine periods to stop further community spread.

Minnesota

Recommendation

Per CDC guidance, fully vaccinated individuals are not required to wear masks. Unvaccinated individuals are strongly recommended to continue wearing masks indoors. Businesses and local jurisdictions retain discretion to impose mask requirements.

NOTE: In Minnesota, some localities may have provisions concerning face coverings for employees and/or customers. 

Mississippi

Recommendation

Individuals are recommended to wear a face covering while in indoor public spaces when social distancing from people of other households is not possible. Employers should encourage unvaccinated workers to wear a mask at work.

NOTE: In Mississippi, at least one locality may have provisions concerning face coverings for employees and/or customers.

Missouri

Recommendation

People should wear cloth face coverings in public settings where other social distancing measures are difficult to maintain.

NOTE: In Missouri, at least one locality may have provisions concerning face coverings for employees and/or customers. 

Montana

Recommendation

Masks are recommended as a mitigation measure following CDC guidelines.

Nebraska

Recommendation

Residents are recommended to wear a cloth face covering in public places where they cannot stay 6 feet away from others.

NOTE: In Nebraska, at least one locality may have provisions concerning face coverings for employees and/or customers. 

Nevada

Recommendation

The mask mandate has been lifted. High-risk individuals are encouraged to continue wearing masks. Businesses may implement mask requirements.

New Hampshire

Recommendation

Masks are recommended for all individuals. Businesses, organizations, and event organizers may require employees, visitors, and customers wear face masks upon entering their facility or venue as a best practice.

New Jersey

Requirement

Individuals in indoor public spaces are not required to wear masks, regardless of their ability to maintain six feet of distance from other individuals or groups. In accordance with CDC recommendations, individuals who are not fully vaccinated should continue to wear masks in indoor public spaces, and all individuals should wear masks indoors in areas of high or substantial transmission.

Employers are permitted to impose stricter requirements regarding mask-wearing in indoor settings for employees, customers, guests, and other individuals, where otherwise consistent with state and federal law. Employers shall not restrict individuals from wearing masks in those settings and shall not in any way penalize or retaliate against individuals who elect to wear a mask.

Employers in workplaces that are not open to the public are not mandated to require employees to wear masks at the worksite if the employees provide proof that they are fully vaccinated. Where an employer is unable to determine an individual’s vaccination status or the individual is not fully vaccinated, employers must continue to require those employees to wear masks. These employers are permitted to allow customers, visitors, and other authorized individuals to enter the worksite without requiring use of a mask, regardless of their vaccination status. Employers may establish a policy that requires customers, visitors, and similar individuals entering a worksite to wear a mask.

NOTE: In New Jersey, some localities may have provisions concerning face coverings for employees and/or customers. 

New Mexico

Requirement

All individuals over age 2 must wear a mask in indoor public settings. Businesses may impose more stringent requirements.

This order is scheduled to expire on 3/4/22.

New York

Requirement

The mask-or-vaccine requirement for indoor businesses has been lifted as of 2/10/22. Businesses may choose to continue to enforce the requirement. Masks remain required in schools, healthcare facilities, and a few other specified settings.

Additional employer requirements apply when the state health commissioner designates an airborne infectious disease as a highly contagious communicable disease that presents a serious risk of harm to the public, pursuant to the NY HERO Act. The designation is in currently in effect. Employees will wear appropriate face coverings in accordance with guidance from State Department of Health or the Centers for Disease Control and Prevention, as applicable. Consistent with the guidance from the State Department of Health, if indoor areas do not have a mask or vaccine requirement as a condition of entry, appropriate face coverings are recommended, but not required. It is also recommended that face coverings be worn by unvaccinated individuals, including those with medical exemptions, in accordance with federal CDC guidance.

NOTE: New York City has its own face covering obligations. 

North Carolina

Requirement

People not fully vaccinated are recommended to wear masks. Private businesses may continue to require masks. However, individuals over age 4 must wear face coverings on transportation services, in healthcare settings, schools and childcare, and limited other specified settings.

Face shields do not meet the requirements for compliant face coverings.

NOTE: In North Carolina, some localities have provisions concerning face coverings for employees and/or customers. 

North Dakota

Recommendation

Masks are recommended following CDC guidance.

Ohio

Recommendation

Masks are recommended for all individuals in public indoor spaces. Local jurisdictions and businesses may choose to continue to require masks.

NOTE: In Ohio, some localities may have provisions concerning face coverings for employees and/or customers. 

Oklahoma

Recommendation

Face coverings are recommended in public spaces per CDC guidelines.

Oregon

Requirement

Masks are required for all individuals older than 5, regardless of vaccination status, when in public indoor spaces. "Indoor spaces" means anywhere indoors, including but not limited to public and private workplaces, businesses, indoor areas open to the public, building lobbies, common or shared spaces, classrooms, elevators, bathrooms, transportation services and other indoor space where people may gather for any purpose. A person responsible for an indoor space must ensure that employees, contractors, and volunteers comply with this rule within the indoor space and must make reasonable efforts to ensure customers, guests, visitors and other individuals comply with this rule within the indoor space. This rule is scheduled to expire on 3/31/22.

Per Oregon OSHA, businesses and employers may require more stringent mask or face covering requirements and may exclude from their business, event or facility those individuals who, regardless of their vaccination status, fail to comply with those requirements. The employer must provide masks, face coverings, or face shields for employees at no cost to the worker. If an employee chooses to wear their own mask, face shield, or face covering instead of those provided by the employer, the employer may allow it but is not required to do so. If an employee chooses to wear a mask, face shield, or face covering even when it is not required, the employer must allow them to do so.

NOTE: In Oregon, at least one locality may have provisions concerning face coverings for employees and/or customers.

Pennsylvania

Recommendation

Pennsylvanians are urged to follow CDC guidance for wearing a mask where required by law, rule, and regulations, including healthcare, local business and workplace guidance.

NOTE: In Pennsylvania, at least one locality may have provisions concerning face coverings for employees and/or customers. 

Puerto Rico

Requirement

All individuals, regardless of vaccination status, must wear a mask when in indoor public places. Masks are also required outdoors in gatherings of 50 or more people.

Rhode Island

Recommendation

The mask mandate has been lifted. Businesses and venues have the ability to create their own masking and vaccination policies.

South Carolina

Recommendation

All individuals who are not fully vaccinated are encouraged to wear a face covering in public settings where social distancing is not possible or feasible.

Employees should be strongly encouraged to wear masks or cloth face coverings, especially when around other people, regardless of vaccination status, to help reduce spread of virus.

NOTE: In South Carolina, at least one locality may have provisions concerning face coverings for employees and/or customers.

South Dakota

Recommendation

People are encouraged to wear cloth face coverings in public settings where other social distancing measures are difficult to maintain, especially in areas of significant community-based transmission.

Tennessee

Recommendation

Employees are encouraged to wear a face covering at work. Members of the public are encouraged to wear a face covering in public places.

Texas

Recommendation

Masks continue to be recommended per CDC guidance.

NOTE: In Texas, some localities may have provisions concerning face coverings for employees and/or customers.

Utah

Recommendation

Mask use is encouraged for everyone. Private businesses are permitted to require masks on their premises.

NOTE: In Utah, at least one locality may have provisions concerning face coverings for employees and/or customers. 

Vermont

Recommendation

Masks should be worn in public indoor settings. 

NOTE: In Vermont, at least one locality may have provisions concerning face coverings for employees and/or customers. 

Virginia

Requirement

Employers must require (1) employees who are not fully vaccinated, (2) fully vaccinated employees in areas of substantial or high community transmission, and (3) otherwise at-risk employees (because of a prior transplant or other medical condition) to wear face coverings or surgical masks while indoors, unless their work task requires a respirator or other PPE. Such employees shall wear a face covering or surgical mask. The requirement does not apply to fully vaccinated employees in areas of low to moderate community transmission, or to employees working alone in a room.

Employers must require that an employee who cannot use a mask due to the applicability of an exemption must use a face shield. The employer may determine that the use of face shields without facemasks in certain settings is not appropriate due to other infection control concerns.

All individuals in the Commonwealth aged five and older should cover their mouth and nose with a mask in accordance with CDC guidelines.

Washington

Requirement

Every person aged 5+ must wear a face covering when in a place where any person not from their household is present, and in any place that is generally accessible to any person from outside their household.

Masks are also required at any outdoor event with 500 or more people in attendance, although that specific requirement is scheduled to expire on 2/18/22.

Masks are not required when (1) working indoors in areas not generally accessible to the public and when no customers, visitors, volunteers, or non-employees are present, only if the worker is fully vaccinated; and (2) working indoors alone, isolated from interactions with others and with little or no expectation of interruptions.

Employers must require face coverings or masks for customers and employees, in all industries, regardless of vaccination status, in indoor spaces accessible to the public. Employers must provide cloth face coverings or a more protective mask to employees, free of charge, when use of a mask is required. In areas that are not accessible to the public, employers may allow fully vaccinated employees, whose status has been verified by the employer, to remove their face covering or mask while indoors. Employers may also choose to require face coverings even if the space is not accessible to the public and employees are fully vaccinated. Employees have the right to voluntarily wear a mask or other protective equipment when it’s not required, as long as use doesn’t create a safety or security issue.

Any employer choosing to allow fully vaccinated employees to work without a mask in non-public indoor spaces must verify employee vaccination status. Vaccination status may be verified using the following evidence: vaccine card or photo of vaccine card, documentation from a health care provider, state immunization system record, or employee self-attestation document. Employers are not required to offer self-attestation as a verification option. Employers are not required to keep a copy of employee vaccination records.

A face shield with a drape can be used by people with developmental, behavioral, or medical conditions that prevent them from wearing a face covering.

NOTE: In Washington, some localities may have provisions concerning face coverings for employees and/or customers.

West Virginia

Recommendation

Face coverings must still be worn where required by federal law. Additionally, any private business or school system can still require individuals to wear a face covering.

Wisconsin

Recommendation

Every individual age 5 and older is strongly encouraged to wear a face covering if indoors or in an enclosed space, other than at a private residence, and others who are not members of individual’s household or living unit are present in the same room or enclosed space. A face shield is not permitted as a substitute for a mask unless the individual is engaging in work where wearing a face covering would create a risk, as determined by government safety guidelines, or if engaging in activities where federal or state law or regulations prohibit wearing a face covering.

NOTE: In Wisconsin, at least one locality may have provisions concerning face coverings for employees and/or customers. 

Wyoming

Recommendation

Face coverings are encouraged in public spaces. 

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.

© Littler | Attorney Advertising

Written by:

Littler
Contact
more
less

Littler 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