Mask mandates end, but employers have options

With mask orders lifting around the country, many employers are left wondering what to do in their own workplace. In most communities, employers have several options, including the following:

  • Remove all masking requirements in your workplace or place of business
  • Require all employees and visitors to wear masks at all times
  • Allow fully vaccinated employees and visitors to be maskless, but require unvaccinated employees and visitors to wear masks
  • Allow employees and visitors to report their vaccination status using the honor system
  • Require employees and visitors to provide proof of vaccination status, cautioning them to provide only vaccination documentation, not other medical information

After making such decisions, employers should communicate expectations clearly to all staff and visitors. Employers should also be mindful of treating all employees fairly and with kindness and respect regardless of their masking decisions or vaccination status.

Lake Effect is here to answer your questions about preventive measures, vaccinations, and safely reopening your workplace. We continue to monitor important legal and HR developments, as well as COVID-related updates from federal, state, and local authorities. Please watch 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.

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.

Dane County Public Health Emergency Order #15

Public Health Madison & Dane County (PHMDC) has issued a new public health order, Emergency Order #15, effective April 7, 2021. The new order includes significant changes to the face covering requirements, capacity limits for outdoor gatherings, and the requirements applicable to several industries including schools and childcare centers, gyms, and grocery stores. The new order also includes changes to the mandatory policy and procedure requirements for all employers in Dane County. The loosened requirements are a response to the continued decrease in COVID-19 cases and hospitalizations in Dane County. in Dane County.

Face Coverings

  • Face coverings are no longer required outdoors, although PHMDC continues to “strongly recommend” face coverings outdoors when six feet physical distancing is not possible.

Gatherings

  • Outdoor gatherings are no longer subject to specific capacity limits.
  • Instead, outdoor gatherings are limited to a capacity that ensures individuals maintain at least six feet physical distancing.

Schools and Childcare

  • PHMDC has removed most of the requirements for schools and childcare centers.
  • PHMDC continues to require schools and organizations providing childcare to develop certain COVID policies. However, the mandatory content of two of the policies has changed.
  • The following policies and procedures are required:
    • A written hygiene policy and procedure.
      • The requirements for this policy have not changed.
    • A written cleaning policy and procedure that includes guidelines from the Centers for Disease Control and Prevention for cleaning.
      • This is a change from previous orders that delineated specific items that must be included in the cleaning policy and procedure.
    • A written protective measure policy and procedure that includes ensuring employees are provided with and wear face coverings when required, and ensuring procedures for “distancing for students, children, and employees.”
      • This is a change from previous orders that included, among other things, six feet physical distancing between students.
  • Employers should ensure their policies and procedures are compliant and distribute revised policies to employees. Employers must also document employees’ receipt, acknowledgement, or training on any revised policies.

Sports

  • The only change in the requirements for sports is a minor change to the mandatory written cleaning policy and procedure.
  • The following policies and procedures are required:
    • A written hygiene policy and procedure.
      • The requirements for this policy have not changed.
    • A written cleaning policy and procedure that includes guidelines from the Centers for Disease Control and Prevention for cleaning.
      • This is a change from the previous orders that delineated specific items that must be included in the policy.
    • A written protective measure policy and procedure that includes physical distancing requirements.
      • The requirements for this policy have not changed.
  • Employers should ensure their policies and procedures are compliant and distribute revised policies to employees. Employers must also document employees’ receipt, acknowledgement, or training on any revised policies.

Businesses

  • The only change in the requirements for businesses is a minor change to the mandatory written cleaning policy and procedure.
  • The following policies and procedures are required for all businesses:
    • A written hygiene policy and procedure.
      • The requirements for this policy have not changed.
    • A written cleaning policy and procedure that includes guidelines from the Centers for Disease Control and Prevention for cleaning.
      • This is a change from the previous orders that delineated specific items that must be included in the policy.
    • A written protective measure policy and procedure that includes physical distancing requirements.
      • The requirements for this policy have not changed.
  • Employers should ensure their policies and procedures are compliant and distribute revised policies to employees. Employers must also document employees’ receipt, acknowledgement, or training on any revised policies.

Stores that Sell Food or Groceries

  • PHMDC has removed the prohibitions on customer self-dispensing of bulk food, customer self-service of unpackaged foods (e.g. salad bars), and food sampling.

Restaurants and Taverns

  • PHMDC has removed the prohibitions on customer self-service of food (e.g. salad bars, buffets) and food sampling.

Gyms and Fitness Centers

  • Gyms and fitness centers are no longer required to provide materials for members to disinfect equipment or to increase their cleaning of equipment, common areas, locker rooms, and restrooms.
  • Saunas and steam rooms may open if their capacity is limited to individuals from the same household.

Places of Amusement and Activity

  • Organizations are no longer required to clean equipment in between each customer’s use.
  • The prohibition on food sampling has been removed.

Fully Vaccinated Individuals

  • Fully vaccinated individuals do not need to maintain six feet physical distancing or wear a face covering when indoors with:
    • with other fully vaccinated individuals.
    • with individuals from a single household or living unit who are not fully vaccinated but are not at an increased risk for severe COVID-19 disease, and who do not live with anyone is not fully vaccinated and at an increased risk for severe COVID-19 disease.

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.

Wisconsin Supreme Court Strikes Down Statewide Mask Mandate

On March 31, 2021, the Wisconsin Supreme Court struck down the most recent statewide mask mandate issued by Governor Evers on February 4, 2021. The first mask order was issued in August 2020 and was extended four times by Evers. In a 4-3 decision, the Court ruled that Evers exceeded his authority by unilaterally issuing multiple emergency orders relating to the COVID-19 pandemic. The Court held that Evers needed legislative approval to issue more orders after the expiration of the initial 60-day mandate, and it rejected the argument that successive emergencies could be declared based upon the changing nature of the pandemic. The decision also blocks Evers from issuing any new public health emergency orders to mandate face masks without the approval of the state legislature. The Court’s ruling was effective immediately.

The Supreme Court’s ruling does not affect mask mandates implemented by cities, counties, or tribes. Therefore, Dane County residents must continue to follow the mask requirements set forth in Public Health Madison and Dane County Emergency Order 14. For a full discussion of this Order, please see Lake Effect’s prior blog on Emergency Order 14 and amendments to that Order. Mask mandates issued by cities like Milwaukee, Racine, and Beloit also remain in effect. Furthermore, businesses, organizations, and nonprofits can continue to enforce their own mask requirements for employees, customers, visitors, or other members of the public.

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.

Governor Evers Extends Statewide Public Health Emergency and Mask Mandate

On January 19, 2021, Governor Tony Evers issued Executive Order #104 extending the statewide public health emergency for another 60 days, and Emergency Order #1 extending the 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 on our website. Current Dane County, Milwaukee, and other local mask mandates remain in effect. However, the Governor’s Emergency Order #1 supersedes any less restrictive local order.

Lake Effect is here to answer your questions about 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 watch 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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