What Colorado Employers Need To Know About New Face Covering Requirement

Fisher Phillips
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Fisher Phillips

Colorado Governor Jared Polis just issued a new executive order: “Ordering Workers in Critical Businesses and Critical Government Functions to Wear Non-Medical Face Coverings.” The order requires the Colorado Department of Public Health and Environment to issue an order requiring workers in Critical Business and Critical Government Functions to:

  • Wear medical or non-medical cloth face coverings that cover the nose and mouth while working, except where doing so would inhibit that individual’s health; and
  • To the extent possible, wear gloves when in contact with customers or goods if gloves are provided to workers by their employer.

The order does not prevent workers from wearing more protective face coverings. This Order follows orders from governors in states including New York, Pennsylvania, and Vermont requiring face coverings for workers or anyone in public.

What Does This Mean For Employers?

The Colorado order, however, does not require employers to provide face coverings for its employees, and Governor Polis has stated he is not requiring employers to provide them. However, providing face coverings to employees is recommended if you want to mandate the type of face covering an employee is wearing in the workplace. See our prior discussion of this issue.   

Currently, facemasks or surgical masks are difficult to purchase. Without expertise in making face coverings, you should recommend that your employees follow CDC guidance to create a face covering. Training employees to follow CDC guidelines for donning, doffing, wearing, and cleaning face masks is also recommended. 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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