Mask or No Mask? CDC’s New Mask Guidance

Following the issuance of the CDC guidance, Michigan announced that it would revise its State mask restrictions which were not otherwise affected by the CDC guidance.  Specifically, Governor Whitmer announced that Michigan’s mask regulations, as provided by Michigan’s Department of Health and Human Services (“MDHHS”) will be eased for fully vaccinated individuals effective Saturday, May 15^th at 9 a.m., to align with new CDC guidance.

At present no further guidance has been issued by the State other than the Governor’s press release.  Further official guidance is expected.

The CDC guidance relaxed other non-mask related COVID-19 restrictions for fully vaccinated individuals, including:

• Permitting the resumption of domestic travel and eliminating the testing requirements before or after travel and self-quarantine after travel for fully vaccinated individuals.
• Eliminating the testing requirement before leaving the United States for international travel (unless required by the destination) and eliminating self-quarantine after arriving back in the United States for fully vaccinated individuals.
• Eliminate the COVID-19 testing requirement for fully vaccinated individuals following a known exposure, if asymptomatic, with some exceptions for specific settings.
• Eliminating the requirement for fully vaccinated individuals to quarantine following a known exposure if asymptomatic.
• Eliminating routine screening testing requirements for fully vaccinated individuals.

Michigan employers should keep in mind, however, that Michigan’s Occupational Safety and Health Administration’s (“MIOSHA”) has Emergency Rules which impose certain mask requirements upon employers. Specifically, MIOSHA still requires all employers to provide non-medical grade face coverings to their employees, to require face coverings to be worn when employees cannot consistently maintain 6 feet of separation from other individuals in the workplace and to require face coverings in shared spaces, including during in-person meetings and in restrooms and hallways.

Employers should also review any local laws or orders which may be applicable pertaining to face mask requirements.

Recommendation

As MIOSHA’s Emergency Rules are still applicable, Michigan employers should continue to require employees to follow MIOSHA’s mask restrictions for all individuals, including those who are fully vaccinated, to assure that they are providing a safe workplace under applicable safety requirements until MIOSHA revies it emergency notice to eliminate mask requirements.  In addition, Michigan employers should continue to conduct COVID-19 screening assessments for all individuals, whether fully vaccinated or not, entering a workplace.

Employers with workers in other states should review applicable federal, state, and local mask restrictions in those states and should not assume that the CDC requirements relieve them of obligations regarding same.

For more information, please contact a Kerr Russell attorney.

About the authors:

Mark C. Knoth chairs the firm’s Labor, Employment, Employee Benefits & ERISA Practice Group. He counsels and advises business owners, managers and human resources professionals on workplace issues. These include civil rights and anti-discrimination laws; employee discipline; wage and hour; overtime; employee leaves; reasonable accommodations; veterans issues; picketing; secondary boycotts; reductions in force; drug testing; unemployment compensation; affirmative action; and union organizing campaigns, among other matters. He additionally drafts employee policies, handbooks, contracts, and covenants not to compete, and investigates threats of violence, allegations of harassment, and other employee misconduct.

Liam K. Healy focuses his practice on helping clients maintain compliance with the myriad of state and federal tax laws and regulations that govern individuals and businesses. A particular focus of Liam’s practice is in the area of employee benefits and ERISA. Liam specializes in designing pension and executive compensation plans to benefit business owners and executives. His practice includes drafting and reviewing deferred compensation agreements, severance agreements and non-compete agreements, representing employers in multi-employer plan collection and withdrawal liability matters.

Olivia V. Hankinson counsels and advises business owners, managers and human resources professionals on various labor and employment related issues. These often involve concerns which may implicate employment laws including the Americans with Disabilities Act, Title VII of the Civil Rights Act, the Fair Labor Standards Act, the Michigan Persons with Disabilities Civil Rights Act, the Family and Medical Leave Act, the National Labor Relations Act, and the Michigan Occupational Safety and Health Act. Olivia represents employers with respect to unemployment insurance hearings, MIOSHA violation allegations, EEOC investigations, and other employment law matters. She also drafts employee handbooks, employment agreements, restrictive covenants, and various other employment policies.

Robert S. Anderson advises business owners, managers and human resources professionals on various labor, employment, and employment-based immigration matters.
He regularly counsels human resources professionals on employment-related immigration law, including I-9 and immigration-related compliance training and federal audits. Robert has significant experience in representing local, national, and international companies in obtaining authorization for employees to work permanently or temporarily in the United States.