State Makes Masks Mandatory in the Workplace, Including Retail Stores

Governor Lamont late Friday issued new Executive Order 7BB, making it mandatory that everyone wear a mask or cloth face-covering in any public place where he or she is unable to maintain a safe social distance of at least six feet.

The EO goes into effect on Monday, April 20th at 8 p.m. and also applies to any means of transit, including ride-sharing.

The EO also requires DECD to update its safe workplace and safe retail store rules setting forth additional requirements for those settings.

Thus, late Friday, DECD issued new workplace rules (here) and new retail store rules (here). Both appear to be effective immediately and run until at least May 20, 2020.  The rules require masks for all employees and customers.

Specifically, in the workplace:

• Each employee shall be required to wear a mask or other cloth material that covers his or her mouth and nose at all times while in the workplace.


• Employers shall issue such masks or cloth face coverings to their employees. In the event an employer is unable to provide masks or cloth face coverings to employees because of shortages or supply chain difficulties, employers must provide the materials and CDC tutorial about how to create a cloth face covering, or compensate employees for the reasonable and necessary costs employees expend on such materials to make their own masks or cloth face covering.


• Nothing in these rules shall require the use of a mask or cloth face covering by anyone for whom doing so would be contrary to his or her health or safety because of a medical condition.


• If a person declines to wear a mask or cloth face covering because of a medical condition as described above, such person shall not be required to produce medical documentation verifying the stated condition.

The safe workplace rules mandate that employers “require all customers to wear cloth face coverings while on premises.”

Notably, these rules apply to the workplace; employees who are working from home now need not wear them while in their house.

This is consistent with the safe retail rules which also following similar rules:

• Each employee shall be required to wear a mask or other cloth material that covers his or her mouth and nose at all times while a store is open to customers or as otherwise required under separate DECD workplace guidance.


• Employers shall issue such masks or cloth face coverings to their employees. In the event an employer is unable to provide masks or cloth face coverings to employees because of shortages or supply chain difficulties, employers must provide the materials and CDC tutorial about how to create a cloth face covering, or compensate employees for the reasonable and necessary costs employees expend on such materials to make their own masks or cloth face covering.


• Each retail facility shall require customers to wear a mask or cloth face covering while inside such retail facility, provided that no customer shall be required to wear a mask or cloth face covering if doing so would be contrary to his or her health or safety due to a medical condition, the customer is under two years of age, or is an older child if the parent, guardian or person responsible for the child is unable to place the mask safely on the child’s face.


• If a person declines to wear a mask or cloth face covering because of a medical condition as described above, such person shall not be required to produce medical documentation verifying the stated condition.

Essential employers that are still maintaining operations should immediately move to supply employees with masks or provide supplies to the employees to make them at home.

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