On June 15th, OSHA released new guidance for employers that brings them in line with the recent CDC guidance released on May 28th. This guidance allows vaccinated workers in all industries except the medical field to go back to work without wearing a mask, unless required by federal, state, local, tribal, or territorial laws, rules, and regulations.
For unvaccinated workers, OSHA still advises that masks be worn and social distancing be followed. In workplaces where all employees are fully vaccinated, most employers no longer need to take steps to protect workers from COVID-19 exposure. If there are unvaccinated employees in the workplace, steps do need to be taken to protect those employees. OSHA points to 11 mitigation measures that they advise employers to take:
Some people will still choose to wear masks in the workplace, maybe to protect someone close to them, or maybe because it makes them feel comfortable. Regardless of the reason, it is important to respect the choices that others make regarding their safety. This has been a trying time, and it is not always possible to know the circumstances that others are dealing with. Be kind and stay strong.
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California has required employers to “indemnify” employees for “necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties, or of his or her obedience to the directions of the employer” in substantially the same terms since 1937 under Labor Code § 2802.
