CDC Issues New Guidance on Masks - Pennsylvania Modifies its Rules

On Thursday, May 13, 2021, the CDC issued new guidance related to masks. In this regard, the CDC has now provided guidance that fully vaccinated people no longer need to wear a face masks or stay six (6) feet away from others in most settings, whether outdoors or indoors.

After the guidance was issued, the Pennsylvania Department of Health issued a modification of its prior mask Order which follows the guidance of the CDC. As such, fully vaccinated people may not be required to wear masks going forward. The change only applies to fully vaccinated people (those who have received the vaccination and two weeks have passed since the time of vaccination). The PA DOH has re-stated that the mask Order will not be rescinded in its entirety until 70% of qualified individuals have been vaccinated.

Based on this new guidance, employers may update policies and procedures which limit mask requirements only to non-vaccinated individuals. This raises the question of how do employers determine if an individual is vaccinated. Employers are permitted to inquire as to vaccination status and require proof of vaccination. If an employee does not provide proof, they can be considered non-vaccinated. Employers must adopt a policy which addresses any changes to policy and its current requirements.

For questions about this or any other labor and employment law topic, please do not hesitate to contact the attorneys at Hoffman & Hlavac. To stay updated on the key labor and employment developments that affect your workplace, subscribe to our blog and follow us on social media.