Last week was a head spinner for everyone, especially employers. The CDC announced fully vaccinated people do not have to wear a mask. Two pieces of data spurred the change: fully vaccinated people do not transmit COVID-19 and are also protected from variants. The famous Liz Taylor quote comes to mind: Pour yourself a drink, put on some lipstick, and pull yourself together. But here are more helpful suggestions:
What does this mean for your workplace?
Continue to follow state and local guidance: The CDC does not override your state or local authorities. So far, states and towns are generally jumping at the chance for another “normal” sign for businesses. Massachusetts and Boston are following the CDC guidance but local areas that have spikes in COVID-19 may not.
Can I require proof of vaccination? If employers allow vaccinated employees to go without masks indoors, requesting proof of vaccination is a best practice. As we have stated many times, do not inquire why someone is not vaccinated and do not ask health-related questions outside of vaccine status.
What are big companies doing? So far it is mixed. Delta, for one, immediately required vaccinations for all new employees and may restrict current employees who are not vaccinated from certain routes or jobs. Walmart will not require masks for vaccinated employees beginning today. To police vaccination status, Walmart will ask employees if they have been vaccinated as part of its daily health check. (Walmart also offers a $75 thank you to employees who get vaccinated.) Costco is all in for no masks for customers and employees, where permitted under local and state restrictions. Wells Fargo said it would continue with its mask mandate and the National Restaurant Association is not updating its policies yet either.
What happens if we adopt the CDC rules and an employer contracts COVID-19? If you are following your state, local and CDC guidelines you are not likely on the hook. Oh, and OSHA too of course… .
Where is OSHA in all of this? As we all know, OSHA recommends masks and social distancing. Like all federal agencies–including the EEOC, OSHA is now scrambling to catch up to the CDC change. The White House was reviewing OSHA’s new emergency standard rule for COVID-19 when the CDC dropped the bomb. We will keep you updated on if/when that rule becomes final.