After much discussion and contemplation, Governor Walz announced a statewide mask mandate for indoor businesses and public indoor places. Executive Order 20-81 mandates that businesses must require all individuals entering their facility to wear face coverings, including workers, visitors, and customers. Importantly, the Executive Order applies to all critical and non-critical indoor businesses, regardless of whether their office or facility is accessible to the general public.
For most businesses, workers will now need to wear face coverings while performing work duties or moving through communal areas where they may encounter others, such as in hallways, lobbies, building entrances, restrooms, break rooms, etc. Workers who are performing work duties outside must also wear a face-covering if social distancing cannot be maintained. As with many of the mandates, exceptions do apply, but social distancing must be maintained at all times under these circumstances. Exceptions include:
- If an individual has a condition that compromises their ability to breathe or makes it unreasonable for the individual to put on or take off a face covering, that individual would not be required to wear one.
- If a worker’s job duties or work environment are of a nature that a face covering would create a job hazard for the worker or others (as determined by applicable regulations or workplace safety and health guidelines), that worker is not required to wear one.
There are also situations where a worker is allowed to temporarily remove a face covering. These situations include:
- When the worker is eating or drinking at least 6 feet away from others,
- When speaking during a presentation at least 6 feet away from others,
- When the worker is alone in an enclosed work area, including an office, a room, a vehicle, the cab of heavy equipment/machinery, or another enclosed workspace, or
- When a worker is alone in a cubicle with walls that are higher than the worker’s face level, provided that the worker is at least 6 feet away from all other individuals while in the cubicle.
Other specific exceptions may apply, depending on the nature of the job or the workplace, and FMJ’s HR & Employment group can help determine which exceptions apply to your business.
Another requirement for businesses to be aware of with the new Executive Order is that businesses must take steps to create and post physical notices of the new face-covering mandate in their workplace where workers and others who may enter the facility are able to see them. Additionally, if a business has a COVID-19 Preparedness Plan in place, that document must be updated to include face-covering requirements that are consistent with the new Executive Order. If your business does not have a Preparedness Plan in place, FMJ’s HR & Employment group can help you develop an appropriate plan for your workplace (click here for more information on what your Preparedness Plan must include).
We understand that there are a lot of requirements being imposed on businesses and employers amid COVID-19. This article provides a basic summary of Minnesota’s new mask mandate. We are available to assist businesses, both critical and non-critical, in appropriately implementing the new mask mandate and updating or creating Preparedness Plans.
If your business needs assistance, please contact Shannon McDonough at shannon.mcdonough@fmjlaw.com or Natolie Hochhausen at natolie.hochhausen@fmjlaw.com in FMJ’s HR & Employment practice group.
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