**UPDATE – 3/2/2022, L.A. County Dept Of Public Health Modifies Health Order On Indoor Masking**
As a result of the decrease in Covid-19 transmission and lower hospital admissions, LA County Dept. of Public Health officials modified its Health Order to allow businesses that verify vaccination status, to make masking indoors optional for fully vaccinated individuals. The new Health Order went into effect on Friday, February 25, 2022.
The modified Health Order gives businesses the choice of two options for removing indoor masking requirements for fully vaccinated individuals. Businesses are not required to implement either option, but may instead choose to require indoor masking for everyone.
Summary Table of LACDPH Interim Indoor Masking Policy
| Customers | Employees | |||
| Fully Vaccinated | Not Fully Vaccinated* | Fully Vaccinated | Not Fully Vaccinated | |
| Option 1: Applies to Customers and Workers |
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| Option 2: Applies to customers only |
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Masking Requirements for Employees
Under Option #1, all employees may remove their masks while working indoors if they show proof that they are fully vaccinated. Employers must continue to offer surgical grade masks or respirators (e.g., N95, KN95, KF94) for voluntary use to all onsite workers at no cost. Employers may not retaliate against workers who wish to continue to wear masks.
If the business chooses Option #1, the employee must have a negative test every three (3) days. The cost of tests must be borne entirely by the employer, not the employee.
(Health Order FAQs – Indoor Masking Policy, Q&A 13, 18)
Under Option #2, workers must continue to wear well-fitting masks when indoors regardless of vaccination status. (FAQS, Q&A 13)
Regardless of the option chosen by the business, people who are not fully vaccinated or who do not show proof of full vaccination must wear a face mask indoors, even if they have provided a negative test result. (FAQs – Q&A 2)
Do Delivery Or Repair Workers Need To Show Proof Of Vaccination To Go Indoors?
No. Individuals do not need to show proof of vaccination to go indoors as part of their employment to make a delivery or pick up, provide a service or repair, or for emergency or regulatory purposes, or to get to the outdoor portion of the facility or to use an indoor restroom. They must wear a well-fitted mask when they are indoors. (FAQs – Q&A 6)
For detailed steps on how businesses verify vaccination status and/or negative test results, see FAQs – Q&A 7 and 8.
Enforcement/Compliance with Masking Policy Health Order – FAQs Q&A 14
Businesses that choose to implement one of the options to lift the indoor mask requirements for those who are fully vaccinated must:
- Demonstrate consistent pre-entry verification of vaccination status and of test results
- Maintain a log of unvaccinated or partially vaccinated workers who are required to show proof of a negative test.
- Have a supply of well-fitting respirators to offer workers.
- Have easily visible and easy to understand signage at each entry notifying the public of the verification and masking requirements.
Click here to view an Overview of the Interim Indoor Masking Policy
Click here to view FAQs for Interim Indoor Masking Policy
This content was provided by WPCCA’s professional counsel and is for general informational purposes only. Readers should contact their own professional counsel for company specific matters in the relevant jurisdiction.
**PREVIOUS UPDATE – 1/6/2022, LA County DPH Requires All Employers to Provide Indoor Workers With Medical Grade Masks**
According to a new Los Angeles County Dept. of Public Health Order announced yesterday, all indoor employees in LA County will be required to wear medical grade masks. The Order was issued under the authority of Calif. Health and Safety Code Sections 101140, 101085 and 120175. Employers have until January 17 to provide the masks to their employees who work indoors and in close contact with others. The Order is being issued to “help slow and decrease the level of community transmission of Covid-19 here in Los Angeles County…and reduce the risk of any Covid-19 outbreaks”.
The new rule, in relevant part is as follows:
- “As soon as possible, but no later than January 17, 2022, employers are required to provide their employees who work indoors and in close contact with others with well-fitting medical grade masks, surgical masks or higher level respirators, such as N95 or KN95 masks” (Face Masks – Section 4(j), paragraph 2)
This Order is effective within the County of Los Angeles, defined as “all cities and un-incorporated areas within the County of Los Angeles, except for the cities of Long Beach and Pasadena”. This order became effective at 12:01am on Thursday, January 6, 2022 and will continue in effect “until further notice”.
How Does This Relate to Cal-OSHA Emergency Temporary Standards (ETS)?
Section 4(j), paragraph 1, acknowledges that while most employers and businesses are subject to the Cal-OSHA Covid-19 Emergency Temporary Standards (ETS), the ETS “allow local health jurisdictions to require more protective mandates” and this County Health Officer Order…is such a mandate in Los Angeles County and overrides the more permissive ETS regarding employee masking.”
This content was provided by WPCCA’s professional counsel and is for general informational purposes only. Readers should contact their own professional counsel for company specific matters in the relevant jurisdiction.