The CDC announced on May 13, 2021, that “Fully vaccinated people can resume activities without wearing a mask or physically distancing.” However, the CDC cautioned that such guidance would not apply where masks and social distancing are required by “federal, state, local, tribal, or territorial laws, rules, and regulations, including local business and workplace guidance.” MIOSHA’s Emergency Rules, which have been extended until October 14, 2021, require in part that employers:
- Keep everyone on the worksite premises at least six feet from one another to the maximum extent possible.
- Provide non-medical grade face coverings to their employees at no cost to the employee.
- Require face coverings to be worn when employees cannot consistently maintain six feet of separation from other individuals in the workplace, and consider face shields when employees cannot consistently maintain six feet of separation from other individuals in the workplace.
- Require face coverings in shared spaces, including during in-person meetings and in restrooms and hallways.
Notably, these rules do not create any exceptions for vaccinated employees. Therefore, employers should continue to require all employees to wear masks and social distance, regardless of their vaccination status, unless and until such rules are modified to align with this latest CDC guidance.
As always, please contact your Warner employment attorney with any questions.