Mask Questions Continue with the Unvaccinated and Vaccinated Workforce
On July 27, 2021, the CDC dropped new guidance changing their stance on masks for vaccinated individuals where they are now stating that because of the Delta variant currently circulating in the United States, they recommend full vaccinated people to wear a mask in a public indoor setting in areas of substantial or high transmission. Also adding the recommendation that fully vaccinated people who have a known exposure to someone with suspected or confirmed COVID-19 to be tested 3-5 days after exposure, and to wear a mask in public indoor settings for 14 days or until they receive a negative test result.
Now, in some states like California and other states and cities across the nation, they are embracing the new guidance and going back to a mandate of masks indoors.
In my state of Texas, there seems to have been a double down the other way to stop new mask mandates from Governor Abbott who on the heels of the CDC announcement, issued his Executive Order (GA-38) on Thursday, July 29, 2021, stating the following in summary:
“Today’s executive order will provide clarity and uniformity in the Lone Star State’s continued fight against COVID-19,” said Governor Abbott. “The new Executive Order emphasizes that the path forward relies on personal responsibility rather than government mandates. Texans have mastered the safe practices that help to prevent and avoid the spread of COVID-19. They have the individual right and responsibility to decide for themselves and their children whether they will wear masks, open their businesses, and engage in leisure activities. Vaccines, which remain in abundant supply, are the most effective defense against the virus, and they will always remain voluntary – never forced – in the State of Texas.”
Just a few Highlights from Executive Order (GA-38) include:
There are no COVID-19-related operating limits for any business or other establishment.
Business activities and legal proceedings are free to proceed without COVID-19-related limitations imposed by local governmental entities or officials. This paragraph number 3 supersedes any conflicting local order in response to the COVID-19 disaster, and all relevant laws are suspended to the extent necessary to preclude any such inconsistent local orders. Pursuant to the legislature’s command in Section 418.173 of the Texas Government Code and the State’s emergency management plan, the imposition of any conflicting or inconsistent limitation by a local governmental entity or official constitutes a “failure to comply with” this executive order that is subject to a fine up to $1,000.
In areas where the COVID-19 transmission rate is high, individuals are encouraged to follow the safe practices they have already mastered, such as wearing face coverings over the nose and mouth wherever it is not feasible to maintain six feet of social distancing from another person not in the same household, but no person may be required by any jurisdiction to wear or to mandate the wearing of a face covering.
In providing or obtaining services, every person (including individuals, businesses, and other legal entities) is strongly encouraged to use good-faith efforts and available resources to follow the Texas Department of State Health Services (DSHS) health recommendations, found at www.dshs.texas.gov/coronavirus.
If all this back and forth sounds familiar, it is because this roller coaster of competing or different guidance was what many company leaders faced last summer and on and off through this pandemic except last summer we did not have a vaccinated and unvaccinated workforce to include in the equation. It gets all the more confusing as the OSHA guidance still is reflecting the previous update from the CDC focusing Company leaders more on protecting the unvaccinated workers rather than focusing on the vaccinated workers (remember vaccinated means employee two weeks passed since the employee received the final dose of a vaccine authorized by the U.S. Food and Drug Administration):
OSHA’s more recent guidance said unvaccinated workers should:
Identify opportunities to get vaccinated.
Properly wear a face mask that covers the nose and mouth.
Stay at least 6 feet away from other people.
Be aware of whether rooms are properly ventilated.
Practice good personal hygiene and wash hands often.
Company leaders will likely need to revisit what their current policies are to determine what changes they may make considering these recent developments. OSHA and the CDC continue to talk about this threat analysis assessment which they expect employers to conduct in order to determine the risk to their individual workforce population. The tricky part about all of this is the confidentiality issues and that whether someone is vaccinated may not be something all employers have explored with their employees.
For access to Governor Abbott’s full order click here.
For access to the updated CDC guidance click here.