On June 18, 2020, in response to spikes in the numbers of confirmed COVID-19 cases and ongoing scientific understanding about transmission, California Governor Gavin Newsom issued an executive order mandating face coverings be worn any time people are outside their home, with some limited exceptions. The executive order updated existing California Department of Public Health guidance for the use of face coverings, which previously only required face coverings in limited circumstances.

The Governor’s order mandates the use of facial coverings sufficient to limit the release of infected droplets of bodily fluids which may come from talking, coughing, or sneezing. The mask requirement is in addition to the previous public health directives related to physical distancing and suggestions about handwashing, meaning that people must engage in all of these protective measures.

Notably in the Governor’s order, facial coverings are required when people are in certain “high-risk situations,” including whenever a person is inside of any public place, and when engaged in work where he or she will be interacting in-person with any member of the public or within a space visited by members of the public, regardless of whether anyone from the public is present at the time. Coverings are also required when one is working in or walking through common areas, such as hallways, stairways, elevators, and parking facilities, and in any room or enclosed area where other people are present and physical distancing cannot be assured. These broad categories encompass almost every workspace in a public agency.

Exemptions from the requirement of facial coverings extend to children aged two and under, those with medical or mental health conditions that prevent wearing a face covering, and in circumstances where wearing a mask would create a risk to the person related to their work, as determined by workplace safety regulators. Those engaged in outdoor work or recreation are not required to wear a facial covering if they can maintain a distance of at least six feet from others. The executive order states that employees with a medical condition that exempts them from the face mask requirements, but who work in a job involving regular contact with others should wear a non-restrictive alternative, such as a face shield with a drape on the bottom edge, as long as their condition permits it. Persons working from home do not have to abide by the facial covering directive.

The executive order gives guidance on the types of cloth face coverings which are acceptable, which is consistent with previous guidance on the subject. The covering must fully cover the nose and mouth and be secured to the head with ties or straps or simply wrapped around the face in a scarf-like manner. Cotton, silk, or linen are acceptable materials for the coverings, and the item can be factory-made or sewn by hand. Even improvised face coverings, such as scarfs, t-shirts, or towels, can suffice.

If an employee tells you that he or she cannot wear a mask due to a medical condition, while employees continue to have a right to privacy in any disability or medical condition, you may inquire as to whether there is a reasonable accommodation that may be made that affords the protection of a facial covering and addresses the medical condition or disability. The executive order’s “back-up provision” on face shields is just one possible accommodation. Others might include modified fabrics or designs. Keep in mind also that modification to facial coverings and other PPE may be required as a religious accommodation to an employee’s religious garb.

The Governor’s executive order is effective immediately and supersedes previous guidelines and advice promulgated by Cal-OSHA, as well as the orders issued by individual counties or county public health departments.

A link to the Governor’s order can be found here.

If you have any questions or concerns, you are welcome to contact the offices of Churchwell White at (916) 468-0950 or email Debra Hinshaw Vierra at Debra@whitebrennerllp.com or Erin Dervin at Erin@whitebrennerllp.com.