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On August 11, 2021, Dallas County Judge Clay Jenkins issued an order requiring certain entities to develop health and safety policies and to require masks indoors.

In relevant part to employers, all commercial entities in Dallas County “providing goods or services directly to the public must develop a health and safety policy.” The policy must require, at a minimum, universal indoor masking for all employees and visitors to the commercial entity’s business premises or other facilities. Additionally, the policy may include other mitigating measures to control and reduce the transmission of COVID-19, such as temperature checks or health screenings. The policy must be posted in a “conspicuous location” to provide notice to employees and visitors. Commercial entities are required to implement the policy within three (3) calendar days of the effective date of the order. Failure to do so may result in a $1,000 fine per violation.

Denver

The City and County of Denver issued an Order on August 2, 2021, requiring personnel of the following entities, or types of entities, to be fully vaccinated by September 30, 2021:

  • the City and County of Denver;
  • care facilities;
  • hospitals;
  • clinical settings;
  • limited healthcare settings;
  • shelters for people experiencing homelessness, including day and overnight shelters;
  • correctional facilities, including jails, detention centers and community corrections sites and residences;
  • schools, including post-secondary and higher education;
  • childcare centers and services;
  • any entity providing home care to patients; and
  • any entity providing first responder services.

Seven Bay Area counties and the City of Berkeley issued Health Orders mandating mask use for indoor public spaces such as places of work. The Orders apply to both vaccinated and non-vaccinated individuals. However, the Orders provide exceptions for individuals working alone in a closed office space, individuals that are eating or drinking, and individuals specifically exempted by the California Department of Public Health guidance such as individuals with medical conditions that prevent them from wearing a mask. The indoor mask mandates are effective August 3, 2021 and will continue to be in effect until rescinded. If your company has business in any of these locations, please review each applicable order for detailed information.

Note that in the workplace, workers must also follow Cal/OSHA mask requirements. Please consult with legal counsel for questions related to the Health Orders or Cal/OSHA.

The links to the relevant Health Orders are included below:

On July 27, 2021, the U.S. Centers for Disease Control (“CDC”) updated its mask guidance in response to the Delta variant of COVID-19.  The CDC now recommends fully vaccinated individuals to wear a mask indoors in public if in an area of substantial or high transmission.  For individuals who are not fully vaccinated or…

Seven Bay Area Counties– Alameda, Contra Costa, Marin, San Francisco, San Mateo, Santa Clara, Sonoma—and the City of Berkley issued a press release on July 16, 2021 strongly recommending that everyone, regardless of their vaccination status, wear masks indoors in public places, including workplaces, to protect against the spread of the highly transmissible Delta variant…

As we updated just two weeks ago, Los Angeles County’s Department of Public Health was strongly recommending that everyone, regardless of their vaccination status, wear masks in indoor public places.  As of 11:59 pm on Saturday, July 17, 2021, the LA County Public Health Officer has ordered that everyone in Los Angeles County, regardless…

The Los Angeles County’s Department of Public Health issued a press release on June 28, 2021 strongly recommending that everyone, regardless of their vaccination status, wear masks indoors in public places, including workplaces, to protect against the spread of the highly transmissible Delta variant of COVID-19.  This change was prompted by the drastic increase in…

On June 11, 2021, the California Department of Public Health issued a State Public Health Officer Order and Governor Gavin Newsom issued two related Executive Orders rolling back COVID-19 restrictions.  More information on these orders and announcement can be found below.

  1. On June 11, 2021, the California Department of Health issued the State Public Health Officer Order of June 11, 2021, mandating limited and temporary health requirements as of June 15, 2021.  The order replaces the previous pandemic public health orders with limited requirements related to face coverings and mega events, as well as settings with children and youth, as follows:
    • Fully vaccinated individuals do not need to wear masks, except for in the following settings where masks are required for everyone:
      1. On public transit (including, but not limited to, airplanes, ships, ferries, trains, subways, buses, taxis, and ride-shares) and in transportation hubs (including, but not limited to, airport, bus terminal, marina, train station, seaport or other port, subway station, or any other area that provides transportation));
      2. Indoors in K-12 Schools, childcare, and other youth settings* (*This may change as updated K-12 school guidance is provided by the CDC);
      3. Healthcare settings (including, but not limited to, Long terms care facilities);
      4. State and local correctional facilities and detention centers; and
      5. Homeless shelters, emergency shelters and cooling centers.
    • Unvaccinated individuals are still required to wear masks and follow social distancing requirements in indoor public settings and businesses (including, but not limited to, retail, restaurants, theaters, family entertainment centers, meetings, state and local government offices serving the public).

OSHA issued the COVID-19 Healthcare Emergency Temporary Standard (ETS) on June 10, 2021. The full ETS can be found here: Subpart U — COVID-19 Emergency Temporary Standard (osha.gov).

The ETS applies to workplace settings where professional healthcare practitioners provide healthcare services or healthcare support services. The ETS primarily applies to hospital workplaces. Many other workplace settings where professional healthcare practitioners provide healthcare services or healthcare support services can be exempted from coverage of the ETS if they meet certain criteria, including having all employees fully vaccinated, screening all non‑employees for COVID-19 symptoms before entry, and prohibiting entry for persons with suspected or confirmed COVID-19 cases. If there is a healthcare setting embedded within a non‑healthcare setting, such as medical clinics within manufacturing facilities, the ETS may apply only to the embedded healthcare setting and not the remainder of the non-healthcare setting.

On May 13, 2021, the CDC once again updated its guidance (here and here), significantly relaxing its standards for fully vaccinated individuals. “Fully vaccinated individuals” means that two weeks or more have passed since the person received either the second dose of a two-dose COVID-19 vaccine or one dose of a single-dose vaccine. Immunocompromised people, even if fully vaccinated, should consult their healthcare providers about the applicability of this new guidance.

The updated guidance provides that fully vaccinated individuals can:

  • Resume activities they engaged in prior to the pandemic without wearing a mask or physically distancing, except where required by federal, state, local, tribal, or territorial laws, rules, and regulations, including local business and workplace guidance.
  • Refrain from testing following a known exposure unless they are residents or employees of a correctional or detention facility or a homeless shelter.

The CDC provided an updated infographic to help explain activities that unvaccinated and fully vaccinated people may engage in with corresponding risk levels.