Episode 77: COVID-19: Masks, 6-Foot Rule

Welcome to the Workplace, a podcast by Cal Chamber. I'm Alan Zarenberg, Cal Chamber's president and CEO. And with me on the podcast today is Erica Frank, our general counsel and executive vice president to discuss keeping California open during the ongoing COVID 19 crisis. Today we are going to discuss the responsibilities employers have with respect to masks and physical distancing requirements in their workplaces. Erica, you hear from our members on the helpline all the time about concerns with doing business in the midst of COVID 19. Do the issues of masks and physical distancing come up frequently on the helpline and what are the requirements for the employers? What should they glean out of this call today?

Yes. Thanks, Ellen. You know, since the state started allowing businesses to open in the beginning of June, we've been working with employers in helping them craft their opening plans, instilling safety protocols. And one of the reoccurring issues is that maintaining that six feet of physical distancing. And then now since June 18, with the governor issuing guidance for masks, we're getting a lot of inquiries regarding the wearing of face cloth coverings or masks and maintenance of that six feet of social distancing. So it's definitely something that's on the forefront of our members minds. And Also just yesterday, July 1, the governor then issued additional guidance and unfortunately was closing some establishments in specific counties that were limited to only indoor activity. Part of the impetus is just people aren't wearing their masks. And so it's extremely important for employees and employers to adhere to the guidance.

So I know that on the governor's task force on this issue, and obviously there's a lot of concern about whether or not we should wear a mask and whether we shouldn't. And I know that the governor was influenced by a lot of employers who said, governor, you need to make it a mandatory requirement to wear a mask. We want to protect our employees and customers and we don't want to be the mask police. How are people supposed to respond now and make sure that they're complying with the two rules? You talked about masks and distancing for both their workers and their customers. Sure.

So the first place that employers can go to at Cal Chamber, we have a great coronavirus resource page. And on that resource page we have not only all of the information that's been transpiring over the last several months, but also this June 18th guidance for the use of face coverings that was issued by the California Department of Public Health. And that guidance does outline when a mask needs to be worn and when there are exceptions to the general rule. And there is a some very clear guidelines when employers and employees are engaged in work, whether at the workplace or performing work off site, when working in any space visited by members of the public, regardless of whether anyone from the public is present. So there's a long list of requirements that does include office settings, such as in the elevator when you're in an enclosed area with other people. So then the next question is, how do we enforce this guidance? Many employers have employee handbooks and if they don't, it's really a strong recommendation that Cal Chamber has always encouraged employers to have an employee handbook that really outlines the rules of the road or the rules of the workplace. Many employers have dress code policies and this mask requirement can be part of the dress code policy or it could simply be part of employers COVID 19 policy. You know, for all of the businesses that are opening and allowed to open under all of the guidance requirements or protocols, there is practicing social distancing requirements and requirements that are attempted to maintain good hygiene at the workplace and lessen the spread of COVID 19. Social distancing and wearing face masks have always been part of those protocols. Now we just have the governor really making it very clear that this is more of a requirement as opposed to a May or it's a good idea. So that's one place, Alan, is to start with your employee handbook. Put posters up in the workplace, floor decals you might see at your local Starbucks or at grocery stores. There's earmarks, 6ft decals or even masking tape where you have 6ft pre measured so people know where to stand. It's like being back in kindergarten or preschool, having your colored dot that you have to remain on. So those are two easier ways than actually having to have the mask or social distancing police, if you will go into the workplace and reminding everybody of what they need to do.

So it was kind of interesting that actually the New York Times the other day referenced an article about the confusion over whether or not masks are beneficial. And when, as they put it, the whiteboard was blank, the CDC months ago said, well, you don't need to wear one. And now we've seen a spike in cases, a lot of publicity about Texas, Florida, Arizona. But California has seen a spike in 19 counties is where the new orders have come in. And so the governor has made it a priority and I think now we see the difference. The CDC has made it a priority that everybody needs to wear a mask. I know the governor is going to embark on an education campaign. And so is this a good place for the employer to start? Therese, you said to post it, your handbook for the employer to do an education campaign to make sure their employees and all their customers know, remind them on a regular basis. This is what's important for our employee and customer safety.

Yes, absolutely. Look, let's face it. The science surrounding COVID 19 has been all over the map. This is unprecedented times for us. One of the key takeaways from all of this is we have to be flexible and be able to bend to whatever the circumstances bring us. And as employers, let the scientists let the doctors decide what is medically necessary or what's medically unnecessary. And especially when we have this issue with the masks where we have conflicting guidelines, we now have the governor of California saying, I'm going to make the decision for you and say we are collectively, as a state, going to wear the masks. Because studies show that wearing a mask is going to be helping prevent the spread far greater than if a mask isn't worn. So, yes, employers should embrace and take it upon themselves to educate their employees, train their employees, which is part of the guidelines that the governor set to reopen, you know, a month ago anyway.

So on top of that, I mean, we saw the governor has talked about, you know, enforcement. I think you're right. How do you make sure that, you know, you can have a mandate, but how do you make sure it's enforced? So the governor says he wants to educate people, but it sounds like he's engaging his regulatory agencies to communicate with businesses that they license to make sure that they comply with the governor's rules, right?

Yes, that is correct. So on July 1, when the governor issued the new rules of, as he said, lowering the dimmer switch right before the fourth of July weekend, where, of course, historically families and people have gathered together, we're seeing an uptick in COVID 19 positive tests. So, yes, he did talk about forming what he calls strike teams. And there are 10 agencies, most notably for our listeners, the Labor Commissioner's office, Cal osha, the abc, which oversees the alcohol beverage control, the barbering and cosmetology agencies, all of these different agencies that are part of the strike team, they all have licensing and enforcement requirements built into their agency powers, and they all can have the ability to find employers who aren't following specific health and safety or licensing requirements. So as it relates to COVID 19, Cal OSHA has adopted all of the guidelines that the governor had set forth in his pandemic resiliency roadmap. Including the mask requirement. So employers do need to pay close attention to this because if they are visited by Cal osha, while it's unclear what Calosha is actually going to do, what is clear is they do have enforcement authority.

And so let's be. Regardless of whether or not there's a strike team, I think your advice to employers are make sure everybody follows the rules because this is what's going to keep your employees and your customers from getting the virus.

Yes, absolutely. That is the best course of action. And quite honestly, right now that's all we have to keep the businesses open is practicing that physical distancing, wearing that face cloth covering or mask. However, you're going to adhere to the guidelines for covering your face, staying home. If you're not feeling well, don't try to self diagnose. You know, if you have a headache, stay home and figure out what's causing the headache. These are all washing your hands. I can't, gosh, I can't forget the hand washing. That's extremely important.

So these are all things together that it's a project, it's teamwork that employers and employees need to work together to achieve.

Notwithstanding the enforcement in the government, these are best practices and that's what you communicate through the helpline to employers and on our COVID 19 page to make sure that you follow the best practices because that's good for everybody.

Absolutely. And that's one thing that Cal Chamber can offer to the business community is really giving them the resources and providing all that information because it's rapid fire. Again, you know, there's information coming from all over the place. And one last thing that I want to mention because I think it's important, the governor's office is issuing guidelines, but giving a lot of discretion to the counties. Each county health department or health authority is creating their own own rules that businesses have to follow. So it's really important for businesses to go to their local health department website and see what orders the local health authorities are issuing for the county.

Well, that's great advice and to make sure that you stay on top of that. But we know regardless of what the, what the orders are in the county, whether or not you can have a restaurant with inside seating or how it's limited, the most important thing is to practice safety. Wear a mask and distance six feet for everybody who comes on your premises. Correct, Erica?

Yep, that's 100% correct.

Well, great. And we're here to help. Thanks for joining us on the workplace. Please comment, share and subscribe to Cal Chambers podcast by Visiting Cow Chamber. And thank you so much, Eric.

Thank you.