Labor & Employment Newsletter

Face Coverings Mandatory in Monterey County

By Jennifer A. Mancera, Labor & Employment Attorney

Beginning today Thursday, April 30, 2020, Monterey County is requiring the public and employees, including agricultural employees, to wear a face covering.  Santa Cruz and San Benito Counties have issued similar orders.

 

According to the Order, all essential businesses must require their employees, contractors, owners, and volunteers to wear a face covering at the workplace and when performing work off-site any time the employee, contractor, owner, or volunteer is: 

  1. 1. Interacting in person with any member of the public;
  2.  
  3. 2. Working in any space visited by members of the public, such as, by way of example and without limitation, reception areas, grocery store or pharmacy aisles, service counters, public restrooms, cashier and checkout areas, waiting rooms, service areas, and other spaces used to interact with the public, regardless of whether anyone from the public is present at the time;
  4.  
  5. 3. Working in any space where food is prepared or packaged for sale or distribution to others;
  6.  
  7. 4. Working in or walking through common areas such as hallways, stairways, elevators, and parking facilities; or
  8.  
  9. 5. In any room or enclosed area when other people (except for members of the person's own household or residence) are present. 

Face coverings are not required if an employee is alone in a personal office but must be used when others are present.

 

Businesses must take reasonable measures to remind employees, customers, and the public of the requirement that face covering be used while inside of or waiting in line to enter the business, facility, or location.
 

Additionally, the Order discourages the general use of medical grade face masks, such as N-95 respirators and surgical masks.  Because medical grade face masks and other personal protective equipment (PPE) should be reserved for health care workers and first responders, the Monterey County Health Department suggests using homemade face coverings instead of PPE.

 

To help employees comply with this order, employers should consider sharing the CDC’s Guides to make homemade face coverings, which is available at https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/diy-cloth-face-coverings.html

 

Additionally, employers should consider sharing information available from the California Department of Public Health.  The California Department of Public Health has posted the following guidelines for cloth masks/face coverings:

  • Face coverings can be made from cloth, be factory-made or hand-sewn, or improvised using bandanas, scarves, T-shirts, sweatshirts or towels.
  • The face covering material should cover the nose and mouth. 
  • Ideally, face coverings should be washed after each use.  
  • Dirty masks should be placed in a dedicated laundry bag or bin.
  • Use detergent and hot water when washing cloth masks and dry them on a hot cycle.
  • Be sure your mask is comfortable; you don’t want to have to keep adjusting the mask because that means touching your face.
  • Wash your hands, or use hand sanitizer, before and after touching your face or face coverings.
  • If you must re-wear your cloth face covering before washing it, wash your hands immediately after putting it back on and avoid touching your face.
  • Jurisdictions around the Central Coast are unified in the recognition that face coverings are a very important tool in reducing the spread of the virus.
  • Guides to make homemade face coverings, are available at https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/diy-cloth-face-coverings.html

The Monterey County Health Department has Frequently Asked Questions available at https://www.co.monterey.ca.us/Home/ShowDocument?id=90138

 

This article is intended to address topics of general interest and should not be construed as legal advice.

© 2020 Noland, Hamerly, Etienne & Hoss