California Implements Statewide Mask Requirements for All Indoor Public Settings

On December 13, 2021, the California Department of Public Health (CDPH) issued a revised guidance on face coverings titled Guidance for the Use of Face Covering. Although styled as a guidance, the document states that the CDPH “is requiring masks to be worn in all indoor public settings, irrespective of vaccine status, for the next four weeks (December 15, 2021 through January 15, 2022).” (Emphasis added.)  The CDPH explains that it is doing so in part because the Omicron variant seems to spread more easily than the original COVID-19 virus and the Delta variant and that the additional protection is warranted during the holiday period “when more travel occurs.”

The guidance requires that all individuals comply regardless of their vaccination status. The CDPH exempts the following individuals from the mask requirements:

• “Persons younger than two years old.”
• “Persons with a medical condition, mental health condition, or disability that prevents wearing a mask.”
• “Persons who are hearing impaired, or communicating with a person who is hearing impaired, where the ability to see the mouth is essential for communication.”
• “Persons for whom wearing a mask would create a risk to the person related to their work, as determined by local, state, or federal regulators or workplace safety guidelines.”

Ogletree Deakins will continue to monitor and report on developments with respect to California’s COVID-19 mandates and will post updates in the firm’s Coronavirus (COVID-19) Resource Center and on the California blog as additional information becomes available. Important information for employers is also available via the firm’s webinar and podcast programs.