“Are we there yet?” - What should employers do once mask mandates are lifted?

Mask mandates are being dropped by many states and counties. What does this mean for your business or organization?

I am sorry to say this, but the COVID-19 pandemic is NOT over. Yes, there were fewer new cases reported last week than the week prior. Yes, more people are vaccinated and boosted. Yes, more states are ending their mask mandates. However, deaths are still high, we have only seen a few weeks of fewer reported cases and most areas are still classified as high transmission, based on the CDC. It seems that we have weathered the Omicron spike, but if the past is any indication, there will likely be another variant and another spike. So, what should employers do now? Here are some answers to questions I hear from clients about how to navigate this next phase of the pandemic.

What should we do about masks?

The biggest questions being asked now are about masks. Many states and cities are lifting their indoor mask mandates. What does that mean for employers? If the state or city lifts their masks mandates, businesses can still require masks for employees and customers if they so choose. High quality masks can decrease the risk of transmission by 90% and can help keep employees and customers safe. This may make employees feel safer and customers more likely to patronize the business. Mask can also decrease the burden of the need for future contact tracing. Masks are especially important when transmission is moderate, substantial or high in your area.

Employers have a lot of discretion in this case. Employers can still require employees to wear a mask to protect employees and customers, even if the mask mandates have been lifted. If you think about it, you can require your employee to wear a pink hat, so you can require them to wear a mask. Note: There may be a very few jurisdictions with limitations on this and a very few people who may have difficulties wearing a mask for medical reasons. So, this decision, like many others during this pandemic, must be tailored to local regulations and the needs of the organization and its employees.

 Employers should also consider the other layers of mitigation they have in place. If employers have well-established layers of mitigation measures, employers may consider lifting a mask requirement in their workplace. An employer who has a vaccine requirement, screening tools, testing options, enhanced ventilation and appropriate sick leave and contact-tracing protocols, may consider making masks optional in their workplace, especially if the prevalence of COVID is low in their area.

My evidence-based, pragmatic recommendation to my clients in areas where masks mandates are set to expire, has been to maintain their masks for at least 2-4 weeks after the mask mandate is lifted in their state or city. This will allow the employer to watch the public health data and guidance and make sure there is not a spike immediately after the mask mandate is lifted, as has occurred in the past. This delay will also allow employees and customers to get comfortable with the changes in the workplace. 

Employers can also consider the preferences of the employees and the organizational cultural norms and historical levels of caution.

Employers should take into consideration local prevalence of COVID, the other mitigation measures they have in place, preferences of employees and the organizations historic levels of caution when deciding when to make masks optional in the workplace. However, I do not recommend lifting mask requirements unless the area is classified as “LOW” levels of transmission, based on the CDC, but most areas are still classified as “HIGH.” In short, we are not “THERE” yet.

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Path out of the Pandemic - September 9 White House Update