On February 15, 2022, the California Department of Public Health’s (CDPH) universal indoor masking mandate will expire. Beginning February 16, 2022, the CDPH will require only unvaccinated individuals to mask in all indoor public settings, and will only require universal masking in certain higher risk settings.

.

However, California employers must still comply with Cal/OSHA’s masking requirements, which are codified in the COVID-19 Emergency Temporary Standards (ETS), and with local County or City ordinances, which may carry more stringent restrictions. Learn more about CDPH and Cal/OSHA masking requirements below.

.

Ongoing Masking Requirements from the CDPH

.

The CDPH continues to require all individuals, regardless of vaccination status, in the following settings to wear a mask:

• On public transit and in transportation hubs
• Indoors in K-12 schools and other specified childcare settings
• Emergency shelters and cooling and heating centers
• Healthcare settings
• State and local correctional facilities and detention centers
• Homeless shelters
• Long Term Care Settings and Adult and Senior Care Facilities

All unvaccinated individuals are also required to wear masks in all indoor public settings and businesses. The CDPH recommends, but does not require, vaccinated individuals wear masks in indoor settings.

.

In settings where only unvaccinated individuals are required to wear masks, businesses may choose to:

• Provide information to all patrons, guests and attendees regarding vaccination requirements and allow vaccinated individuals to self-attest that they are in compliance prior to entry;
• Implement vaccine verification to determine whether individuals are required to wear a mask; or
• Require all patrons to wear masks.

Revived Cal/OSHA ETS Masking Requirements

.

Under Cal/OSHA’s ETS, fully vaccinated employees are not required to wear a mask. Unvaccinated employees may remove their mask under certain limited circumstances, such as when they are alone in a room or while eating or drinking and maintaining physical distancing. Employers must provide unvaccinated employees with compliant face coverings, and ensure they are worn indoors.

.

Resources for California Employers

.

As masking guidance remains inconsistent throughout the State, employers should remain vigilant and continue to follow more stringent masking and vaccine verification guidance from local authorities, such as Los Angeles County, which has not yet lifted its universal indoor mask mandate. The updated, loosened guidance from Cal/OSHA and the CDPH also do not prohibit California employers and businesses from implementing or maintaining more protective masking rules.

.

View the CDPH’s Announcement lifting some masking requirements here.

.

Learn more about Cal/OSHA’s recently updated COVID-19 ETS here.

.

View the full text of Cal/OSHA’s Emergency Temporary Standards here.

.

If you have questions regarding this article, please contact Patrick Maloney or Lisa Von Eschen of the Maloney Firm’s Employment Law Department.

< See all News / Events