March 2022: Los Angeles County and City Ease Indoor Mask Mandates

15 Mar

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Update Applicable to:
All employers in both the city and county of Los Angeles, California

What happened?
On February 23, 2022, the Los Angeles County Department of Public Health (LACDPH) issued an order slightly loosening the rules for wearing COVID-19 masks in the county and on February 24, 2022, Los Angeles Mayor Garcetti issued the interim “Public Order under City of Los Angeles Emergency Authority” that mirrored the new Los Angeles County order.

What are the details?
Effective February 25, 2022, everyone who is two years of age or older, regardless of vaccination status, must wear a mask in the following settings:

  • on all public transit and transit hubs;
  • at all healthcare settings;
  • in correctional facilities;
  • in shelters and cooling centers; and
  • indoors at youth-serving facilities, such as schools, childcare centers, and day camps (except for individuals with certain medical conditions or disabilities and people instructed by their medical providers not to wear masks).

In addition, the orders include specific masking rules for sectors in which a higher risk of infection requires additional risk reduction measures. These sectors include the following:

  • Day camps
  • Schools (K-12) and school districts
  • Mega events (outdoor (10,000 or more attendees) and indoor (1,000 or more attendees))
  • Organized youth sports activities
  • Bars, breweries, wineries, and distilleries
  • Nightclubs and lounges
  • Restaurants

Businesses and establishments in the county and city of Los Angeles that wish to allow customers, visitors, and/or workers to unmask have two options available:

  1. To allow both fully vaccinated customers/visitors and fully vaccinated onsite workers to unmask while indoors if they verify proof of full vaccination or a recent negative test for everyone five years of age or older and all onsite workers prior to entering.
  2. To allow fully vaccinated customers and visitors to unmask while indoors, while all onsite workers, including contractors, remain masked, the entities must verify proof of either full vaccination or a recent negative test for all customers and visitors five years of age or older.  All onsite workers must remain masked while indoors under this option.

Employers utilizing option 2 above must offer, at no cost to employees, a well-fitting respirator (N95/KN95/KF94).  Employers must follow all regulations regarding providing masks to employees, including all requirements under the Cal/OSHA ETS.

Whether or not a business opts for one of the options above, individuals do not need to meet the vaccination/negative viral test verification requirements to enter the indoor portion of the facility as long as they wear a well-fitted mask for the following purposes:

  • as part of their employment to make a delivery or pick-up, provide a service or repair to the facility, or for an emergency or regulatory purpose;
  • to get to the outdoor portion of the facility;
  • to use an indoor restroom; or
  • to order, pick up, or pay for food or drink “to go.”

The county and city expect to revise their COVID-19 masking rules once the county falls to a moderate rate of COVID-19 transmission. Health officials anticipate that the county will reach a moderate transmission rate within the next few weeks.

For more information, please see the links below:

LACLDPH Order

LACLDPH Order FAQs

City of Los Angeles Public Order

Article 1Article 2

What do employers need to do?
Employers should review the links provided above and adjust their mask policies to stay in compliance with the new law.

Need help understanding how changes to employment laws will affect your business?

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This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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