The Los Angeles County Department of Public Health has issued a revised Health Order (“Order”) that makes important changes to Los Angeles County’s mask mandate, effective February 25, 2022. The major revisions are summarized below:

New Options Available to Establishments: Operators of “[a]ll indoor public settings, venues, gatherings, and public and private businesses” may choose to allow fully vaccinated persons ages 5 and older to choose to be exempt from the indoor masking requirement under one of the two options below:

    • Option 1: Allow both fully vaccinated customers/visitors and fully vaccinated onsite workers to unmask while indoors. 
      • Requirements: verify proof of full vaccination against COVID-19 or a recent negative COVID-19 test result prior to entry for all persons, age 5 and older.
        • Tests: must have been taken within 2 days if PCR test or 1 day if antigen test. Onsite workers not fully vaccinated may submit a negative COVID‑19 viral test prior to work onsite every 3 days in compliance with Cal-OSHA protocols.
        • Definition of Full Vaccination: The Order tracks the current CDC definition of “fully vaccinated,” meaning two weeks or more after a second dose in a two-dose series (e.g., Pfizer or Moderna) or two weeks after a single-dose vaccine (e.g., J&J).
      • Verification:
        • Tests: Operator must view (1) individual’s photo ID and (2) a printed document, email, or text message with results from a test provider or laboratory. (NOTE: at-home test results are only sufficient for employees, not the general public). See link for more details.
        • Vaccination: Operator must view (1) individual’s photo ID; and (2) vaccination card in print /electronic form or other evidence of vaccination.
      • NOTE: for any persons to be exempt from the indoor public setting masking requirement under this option, all persons who are not fully vaccinated or do not show proof of vaccination must (1) provide a negative COVID-19 viral test and (2) wear a well-fitting mask while indoors, except when actively eating or drinking.

    • Option 2: Allow fully vaccinated customers and visitors to unmask indoors while all onsite workers remain masked.
      • Requirements: verify proof of full vaccination against COVID-19 or a recent negative COVID-19 test result prior to entry for all persons, age 5 and older, and enforce the following requirements:
        • Only fully vaccinated customers and guests may be unmasked in the indoor setting;
        • Customers and guests that are not fully vaccinated must continue to wear a well-fitting mask while indoors except when actively eating or drinking; and
        • Onsite worksite staff, regardless of vaccination status, are required to remain masked while indoors.
  • Masks to Employees: establishments utilizing either of the above options must continue to “offer, at no cost to all employees, a well-fitting respirator (e.g., N95/KN95/KF94).”
  • Exclusions: proof of vaccination/test is not required for delivery workers or service workers briefly passing through the facility. Those workers must wear a well-fitting mask.

Given the fluid nature of the mask and vaccination requirements, employers are encouraged to monitor state and local regulations and consult with counsel regarding any questions.