Wisconsin Communities’ Face Covering Requirements Expiring

Outagamie County, Dane County, and the city of Milwaukee have joined the growing list of communities across the country that are lifting their mask and other COVID-related public health orders. Outagamie County lifted its face mask requirements on May 13, 2021. Public Health Madison & Dane County (PHMDC) announced on May 18, 2021 that its public health orders and mask requirements will expire on June 2. On the same day, Mayor Tom Barrett announced that the City of Milwaukee will lift its public health orders and mask requirements on June 1.

These announcements follow the guidance released by the Center for Disease Control (CDC) that fully vaccinated individuals can safely stop wearing masks outdoors and in most public indoor settings. The federal Occupational Safety & Health Administration (OSHA) has indicated that it will release updated workplace safety requirements for employers based on CDC’s guidance. We will keep you informed with updates from OSHA.

Without a mask mandate, employers have several options. Employers may lift all mask requirements; require masks only for individuals who are not fully vaccinated; or require masks for all employees, customers, clients, and/or others on-site. As employers grapple with the best decision for their organization, they should work with HR professionals and employment attorneys to address issues such as:

  • What is your organizational culture?
  • How do your employees feel about returning to the workplace with or without masks?
  • Are you requiring vaccines?
    • If so, have you set up a legally compliant infrastructure to address, among many other things, reasonable accommodations for disabilities and sincerely held religious beliefs, confidentiality, and consistency among your workforce?
    • If you have employees in multiple states, have you checked the laws, including local or state health orders, to ensure vaccinations can be required?
  • If you will allow vaccinated employees to work without masks, are you asking for proof of vaccination or relying on an attestation from employees?
    • Have you set up a legally compliant process for checking vaccination status?
  • If you will not require masks at all, have you adopted cleaning and hygiene protocols to ensure you can satisfy your duty to provide a safe workplace for your employees?

Lake Effect is here to collaborate with you on questions about workplace safety, employees returning to work, and employee vaccinations.

Dane County Public Health Emergency Order #16

Public Health Madison & Dane County (PHMDC) has issued a new public health order, Emergency Order #16, effective May 5, 2021. The new order includes additional exceptions to the face covering requirements and increases to the capacity limits for indoor gatherings and activities.

Face Coverings

  • Face coverings are not required when playing a wind instrument that has a fabric or other cover, as long as individuals are spaced six feet apart.

Gatherings

  • Indoor gatherings where food or drinks are available are limited to 350 individuals.
  • Indoor gatherings where food or drinks are not available are limited to 500 individuals.
  • These capacity limits do not include employees.
  • Individuals who are not members of the same household still must maintain six feet physical distancing when indoors or outdoors, except when in transit (e.g. walking in a hallway).

Businesses

  • Indoor capacity is increased to 75% of approved capacity levels.
  • This increased capacity applies to all organizations, including retail stores, salons, spas, gyms, fitness centers, and places of amusement and activity.

Stores that Sell Food or Groceries, Restaurants, and Taverns

  • Indoor seating capacity is increased to 75% of approved seating capacity levels.

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.

Amended Dane County Public Health Emergency Order #14

Public Health Madison & Dane County (PHMDC) issued an Amended Emergency Order #14 on March 18, 2021. It is effective immediately.

The Amended Emergency Order adds a new section on fully vaccinated individuals. The order defines “fully vaccinated” as two weeks after the second dose from a 2-dose vaccine, e.g. Pfizer-BioNTech’s or Moderna’s vaccine, or two weeks after the first dose of a single-dose vaccine, e.g. Johnson & Johnson’s vaccine. Fully vaccinated individuals do not need to maintain six-feet physical distancing or wear a face covering when in an enclosed space:

  • with other fully vaccinated individuals.
  • with individuals from a single household who are not fully vaccinated and are not at increased risk for severe COVID-19 illness as defined by the CDC.

All other requirements from previous PHMDC emergency orders remain in place. This means that fully vaccinated persons must still wear masks in the workplace, when around unvaccinated persons. 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.

Dane County Public Health Emergency Order #14

Public Health Madison & Dane County (PHMDC) has issued a new public health order, Emergency Order #14, effective March 10, 2021. The new order includes significant changes to the indoor and outdoor capacity limits for gatherings, restaurants, taverns, and sporting events. The order also modifies the protective measure policy required for schools. The primary changes are summarized below and are outlined in PHMDC’s summary of Emergency Order #14.

Gatherings

  • As a reminder, gatherings include exercise classes, meetings, conferences, trainings, sporting events, parties, and other planned events.
  • Indoor gatherings with food or drink are permitted with up to 150 individuals. Indoor gatherings without food or drink are permitted with up to 350 individuals.
  • Outdoor gatherings with or without food or drink are permitted with up to 500 individuals.
  • The capacity limits for indoor and outdoor gatherings do not include employees.
  • Individuals must maintain 6 feet physical distancing at indoor and outdoor gatherings.

Sports

  • All sports must follow the gathering limitations outlined above.

Indoor Capacity Limits at Restaurants and Taverns

  • Indoor capacity at restaurants and other dining facilities is increased to 50% of approved seating capacity.
  • Indoor capacity at taverns is increased to 25% of approved seating capacity.
  • Tables and chairs must still be spaced so that 6 feet physical distancing can be maintained between customers who are not members of the same household.

Mandatory School Policies

  • Schools may need to modify their required protective measure policy and procedure. Under the new order, the protective measure policy and procedure must:
    • Ensure employees are provided with and wear face coverings as required under the general face coverings requirements in the emergency order.
    • Ensure employees maintain 6 feet distancing at all times to the extent possible.
    • When 6 feet distancing is not possible for students, ensure that students and employee groupings are as static as possible. Mixing between groups must be restricted as much as possible.
    • Commons areas such as cafeterias, auditoriums, and gyms can be used as classrooms, to provide food, as childcare and youth settings, and for government functions. Student grouping should be in distinct spaces. Student groupings may not mix with other student groupings.
  • Schools must document employee receipt, acknowledgment, or training on any revised protective measure policy.
  • The requirements for the hygiene policy and procedure and the cleaning policy and procedure have not changed.

The other requirements from previous PHMDC emergency orders, including face coverings, 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.

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.

Governor Evers Extends Statewide Public Health Emergency and Mask Mandate

On February 4, 2021, the Wisconsin Legislature struck down the existing statewide mask mandate and public health emergency. In response, Governor Tony Evers issued Executive Order #105, which declares a new state of emergency and public health emergency for 60 days or until it is revoked or overturned. Governor Evers also issued a new Emergency Order #1 implementing once again a statewide mask mandate until March 20, 2021. This emergency order maintains the same face mask requirements that were included in the previous mandates. Lake Effect’s summary of the requirements can be found here. The Governor’s new Emergency Order #1 supersedes any less restrictive local order.

Dane County Public Health Emergency Order #12

Public Health Madison & Dane County (PHMDC) has issued a new public health order, Emergency Order #12, effective January 13, 2021. The primary changes are summarized below and are outlined by PHMDC in its comparison of Emergency Orders #11 and #12.

Outdoor Gatherings. Outdoor mass gatherings are permitted with up to 50 individuals, not including employees or members of the same household. Individuals must maintain physical distancing.

Low-Risk Sports. Low-risk sports can be played, including games and competitions, if players maintain six feet physical distancing “to the greatest extent possible.” There are no changes to the restrictions on medium- and high-risk sports.

Drive-in Activities. Drive-in theaters and other drive-in activities may offer outdoor seating if they comply with the mass gathering and other applicable requirements.

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.

Dane County Public Health Emergency Order #11

Public Health Madison & Dane County (PHMDC) has issued a new public health order, Emergency Order #11, effective Wednesday, December 16, 2020. The primary changes are the loosened restrictions on mass gatherings.

Revised Definition. A mass gathering is now defined as “a planned event such as a concert, festival, meeting, training, conference, performance, show, sporting event, or party. Individuals that are members of the same household or living unit do not count towards the Mass Gathering numbers in their own household or living unit.”

Indoor Gatherings. Indoor mass gatherings are permitted with up to 10 individuals, not including employees or members of the same household. Individuals must maintain face coverings and 6-foot physical distancing.

Outdoor Gatherings. Outdoor mass gatherings are permitted with up to 25 individuals, not including employees or members of the same household. Individuals must maintain physical distancing.

Restaurants. The restriction that no more than six people can be seated at one table has been removed but all individuals at a table must be members of the same household.

Sports, Group Exercise Classes, Meetings, Trainings, and Other Gatherings. Employers should note that the new, loosened mass gathering restrictions set forth above apply to sports, group exercise classes, meetings, trainings, and other gatherings. There are no new restrictions on these activities. For example, indoor low-risk sports may be played with 10 or fewer individuals and maintaining face coverings and 6-foot physical distancing, and outdoor sports may be played with 25 or fewer individuals and maintaining 6-foot physical distancing.

See also this PHMDC reference comparing Order 11 to the previous Order 10.

PHMDC also removed the provisions of its previous emergency order requiring schools be closed to in-person instruction until certain metrics were met, which are currently under review by the Wisconsin Supreme Court. These provisions had been ruled unenforceable under a temporary Wisconsin Supreme Court order.

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

Dane County Public Health Emergency Order #10

UPDATE 11/22/20

On November 20, 2020 PHMDC amended the definition of “mass gathering” under Amended Emergency Order #10. A mass gathering is now “any gathering of individuals that are not members of the same household or living unit.”

UPDATE 11/17/20

Starting Wednesday, November 18, in Dane County, all indoor mass gatherings are banned and all outdoor mass gatherings are limited to no more than 10 individuals under Public Health Madison & Dane County (PHMDC) Emergency Order #10. Sports activities, group exercise classes, meetings, and trainings are subject to the same mass gathering restrictions. The order expires on December 16.

As a reminder, a mass gathering is “a planned event with a large number of individuals in attendance, such as a concert, festival, meeting, training, conference, performance, show, or sporting event. Individuals that are members of the same household or living unit do not count towards the mass gathering numbers.”

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.

Employees Must Notify Their Employers of Positive COVID-19 Result

According to a November 4, 2020 blog post, Public Health Madison & Dane County (PHMDC) will no longer notify employers that an employee has tested positive for COVID-19 unless the employee works for a school, or a childcare, healthcare, or congregate living facility. Instead, employees are responsible for notifying their employer if they tested positive, and working with their employer to identify other employees, customers, or clients who have been in close contact with the employee who tested positive. This is a significant shift in Dane County’s contact tracing due to the high number of positive tests in the community.

Dane County employers should follow guidance from PHMDC if an employee tests positive. Employers should then, to the best of their ability, notify other employees, customers, or clients who had close contact with the affected employee. As a reminder, see our prior blog for the new “6-15-24-48 analysis” in determining who has had “close contact.”

Lake Effect is here to answer your questions about protecting your employees and complying with state and local public health orders. We continue to monitor important legal and HR developments, including 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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