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Do employees need to wear masks on breaks or at lunch?

No. Employees are not required to wear masks when eating or drinking, but masks must be used as soon as employees are done with these activities.

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Does the use of a face shield meet the requirement?

No. This order does not allow the use of a face shield to replace a face covering, unless a mask would create a risk to the individual.

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Do employees need to wear masks when traveling to jobs or jobsites?

If individuals are sharing a vehicle with persons from another household, masks must be worn.

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Does the fogging of safety glasses exempt employees from having to wear masks?

No. Contractors should take the necessary steps to remediate fogging of glasses so they are not a safety hazard. This may include the use of anti-fogging glasses, anti-fogging spray or wipes, or [...]

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What if an employee “refuses” to wear a face covering?

Employers may enforce non-discriminatory rules through its normal process. Many employers rely on progressive discipline. Unionized employers may have a duty to bargain rules before imposing [...]

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What are my obligations as an employer to ensure my employees comply with the order?

While the obligations of the Governor’s order apply to individuals, an employer that does not take reasonable steps to require employees to comply with the order could risk civil claims based [...]

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What are my obligations as a General Contractor to ensure that employees of subcontractors on my jobs comply with the order?

The mask order specifically applies only to individuals and its terms do not appear to require enforcement by entities. General Contractors normally, however, maintain site-specific safety [...]

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What is the General Duty Clause and what are my obligations as an employer?

Under the General Duty Clause of Section 5 of the Occupational Safety and Health Act, there are two responsibilities for the employer (section 5(a)). The employer: shall furnish to each of his [...]

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When and how could OSHA become involved with this state mandate?

Contractors are well advised to do a risk assessment to determine what personal protective equipment (PPE) are required to keep employees safe. If you have an outbreak of COVID-19 cases on/from [...]

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Who will enforce the mandate? Will OSHA be enforcing it?

OSHA will not be enforcing it because it is a local/state requirement. Enforcement of the order is left to “state and local” officials. Some law enforcement agencies have indicated they will not [...]