Dane County Public Health Emergency Order #13

Public Health Madison & Dane County (PHMDC) has issued a new public health order, Emergency Order #13. The new order, effective February 10, 2021, includes significant changes to the face covering requirements, indoor and outdoor capacity limits, and permitted sports activities. The primary changes are summarized below and are outlined in PHMDC’s comparison of Emergency Orders #12 and #13.

Face Coverings

  • Face coverings must be secured with ties, ear loops, or elastic bands that go behind the head and fit snuggly against the side of the face. Cloth face masks must be made with two or more layers of tightly woven fabric. PHMDC suggests holding up the face mask to a light. If light does not pass through, the fabric is sufficiently “tightly woven.” Bandanas, single layer neck gaiters, face shields, goggles, scarves, ski masks, balaclavas, shirt or sweater collars, and masks with slits, exhalation valves, or punctures are not face coverings under the order.
    • The updated face covering requirements reflect guidance from the CDC.
  • In addition to settings included in previous orders, face coverings are also required outdoors while actively participating in sports and/or while attending an outdoor gathering of more than 50 individuals.
    • Face coverings are not required outdoors while participating in a sport if it is played individually or with six feet physical distancing at all times.

Gatherings

  • PHMDC has replaced the term “mass gatherings” with “gatherings.
  • The definition of gatherings has not changed. As a reminder, it includes meetings, conferences, exercise classes, trainings, sporting events, parties, and other planned events.
  • Indoor gatherings with food or drink are permitted with up to 25 individuals. Indoor gatherings without food or drink are permitted with up to 50 individuals.
  • Outdoor gatherings with food or drink are permitted with up to 100 individuals. Outdoor gatherings without food or drink are permitted with up to 150 individuals.
  • The capacity limits for indoor and outdoor gatherings do not include employees or individuals living in the same household.
  • Individuals must maintain 6 feet physical distancing.

Child Care

  • Childcare centers and 4K are no longer limited to 15 children per classroom or group. All other requirements remain in place, including 6 feet physical distancing to the greatest extent possible for children 5 years and older.

Youth Settings

  • Youth classes and groups (i.e., any group or class that does not constitute childcare or 4K) are subject to the indoor and outdoor gathering limits outlined above. All other requirements from the previous emergency order remain in place, including 6 feet physical distancing to the greatest extent possible.

Sports

  • All individuals – athletes, coaches, referees, spectators, and others – not actively participating in the sport must maintain 6 feet physical distancing at all times.
  • Proper face coverings must be worn in compliance with the face covering requirements outlined above.
  • Sports that can maintain physical distancing at all times must follow the indoor and outdoor gathering limits outlined above. All other sports are limited to 25 individuals indoors and 100 individuals outdoors. These limits do not include employees.
  • All sports’ organizing entities must:
    • develop and implement hygiene, cleaning, and protective measure policies, with specific provisions included in the emergency order (see Section 4.d. of the order);
    • document receipt, acknowledgment, or training on the policies;
    • implement PHMDC’s Sports Action Plan; and
    • ensure all individuals participating in the sports activity are aware of the above policies and action plan.

The other requirements from previous PHMDC emergency orders remain in place. You can find Lake Effect’s summaries of the previous orders here.

Lake Effect is here to answer your questions about how local and state public health orders apply to employers. We continue to monitor important legal and HR developments, as well as COVID-related updates from federal, state, and local authorities. Please keep watching our blogs and emails for these important updates, as well as discussions of how compliance meets culture. To dive into these issues, contact us at info@le-hrlaw.com or 1-844-333-5253.

Lake Effect HR & Law, LLC
(844) 333-5253 (LAKE)
info@le-hrlaw.com

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