In an ongoing effort to control the spread of COVID-19 in Ohio, Governor Mike DeWine stated today that the Ohio Department of Health will soon issue Revised Mask Orders, creating new obligations for employers throughout the state. Noting that new COVID-19 cases are increasing exponentially and that hospitals will soon be strained, Governor DeWine states there is much to do before a vaccine becomes available. What do Ohio employers – especially retail establishments – need to know about these new requirements?

New Mask Orders, Summarized

As summarized from the governor’s press release, to protect frontline workers and customers, the Ohio Department of Health will reissue the state’s mask order and add the following provisions:

• Each store will be required to post a sign outlining face-covering requirements at all public entrances to the store;
• Each store will be responsible for ensuring that customers and employees are wearing masks; and
• A new Retail Compliance Unit, comprised of agents led by the Ohio Bureau of Workers’ Compensation, will inspect to ensure compliance. A first violation will result in a written warning and a second violation will result in closure of the store for up to 24 hours.

To assist Ohioans in complying with the updated order, the Ohio Department of Health has released new Posters and Signs to communicate protocols and guidelines, which are available here.

What Should Businesses Do About Anti-Mask Guests?

With this updated Mask Order in place – combined with the Retail Compliance Unit which will ensure business compliance – you should be prepared to address customers and guests who do not wish to wear masks. Fisher Phillips has developed a five-point plan for dealing with such issues, which includes:

1. Understand That You Are Permitted To Require Employees And Visitors To Wear Cloth Face Coverings Or Masks;
2. Be Proactive With Your Mask Policy
3. Train Your Staff
4. Reasonably Accommodate Visitors If They Have A Medical Condition; and
5. Delicately Deal With Visitors Who Refuse To Comply.

You can find a detailed summary of these recommendations here, and retail establishments can find further guidance in our recent newsletter article “Handling The Retail Strain: Training Is Critical.”

Conclusion

Earlier Mask Orders in Ohio caused confusion, as noted in our earlier alert on the subject. This latest step by the governor aims to provide a consistent message and provide clear guidance to employers.