City of Montclair Public Health Guidance No. 06-01-2021 (Facemasks)

CALIFORNIA REOPENS EFFECTIVE TUESDAY, JUNE 15, 2021

On Friday, June 11, 2021, Governor Newsom took action to lift pandemic-related Executive Orders put in place since March 2020 and move California Beyond the Blueprint for a Safer Economy. Effective June 15, restrictions such as physical distancing, capacity limits and county tier systems will end throughout California.

The Governor’s Executive Orders were intended to ensure the state could quickly and efficiently respond to the impacts of the pandemic.

The Governor’s action includes (1) terminating the Stay-at-Home Order that was implemented early in the pandemic to protect Californians, and (2) retiring the Blueprint for a Safer Economy. However, several of the Executive Orders will not phase out until July or September. Furthermore, a subset of measures that facilitate the ongoing recovery – such as the provision allowing pharmacy technicians to administer vaccinations as the state continues to vaccinate millions of eligible Californians every week – will remain in place.

The California Department of Public Health (CDPH) also released a new state public health officer order that also goes into effect on June 15. The CDPH order replaces previous pandemic public health orders and retains limited requirements related to (1) face coverings, (2) mega events, and (3) settings with children and youth, pending an expected update later this month to the K-12 school guidance issued by the Centers for Disease Control and Prevention (CDC).

Each of the above actions support the full and safe reopening of California, while maintaining focused public health requirements that address risks posed by virus variants and the high levels of transmission that continue in some regions across the nation and in other countries.

A copy of the order terminating the Stay-at-Home Order and the Blueprint for a Safer Economy can be found here. A copy of the order rolling back additional pandemic order provisions can be found here.

The Governor’s actions were preceded by the CDPH when, on June 9, 2021, the state public health agency issued new “Guidance for the Use of Face Coverings” which will become effective June 15, 2021.

In anticipation of Governor Newsom’s directive to Open California, the CDPH’s new guidance regarding the use of facemasks takes into account the effect of vaccinations. Under the CDPH guidance, vaccinated individuals do not need to wear masks except in certain locations, and unvaccinated individuals only need to wear masks in certain indoor public settings and businesses.

However, the new CDPH guidance was inconsistent with proposed Emergency Temporary Standards (ETS) revisions the California Division of Occupational Safety and Health (Cal/OSHA) made to its Emergency Temporary Standards, which were reauthorized on June 3, 2021, and originally adopted in November 2020.

To consider bringing the revised ETS in compliance with the new CDPH face mask guidance, Cal/OSHA held an emergency meeting on June 9, 2021, where the Board voted unanimously to rescind the June 3, 2021,proposed ETS revisions in part because the regulations did not align with recently issued CDPH guidance providing that fully vaccinated individuals are not required to use face coverings in most settings. The proposed ETS revisions would have imposed more restrictive facemask requirements on “fully vaccinated” employees in their workplaces, allowing such individuals to go without the use of facemasks in only very limited circumstances.

• What does the Cal/OSHA rescission mean?

  Cal/OSHA, at least for now, determined that the new CDPH “Guidance for the Use of Masks” is just that—only guidance for the general public. The CDPH guidance is not a law like the Cal/OSHA regulations, including the ETS. The CDPH guidance is for the general public, while Cal/OSHA regulations only apply in the workplace. For now, the ETS passed in November 2020 is still in effect and employers and employees in California must comply with the November 2020 ETS or risk receiving citations from Cal/OSHA. The November 2020 ETS mandates that all employees, including fully vaccinated and unvaccinated, must continue to wear face coverings at work unless an employee satisfies one of the limited exceptions (listed below) to such requirement.

  • The following individuals are exempt from wearing masks at all times:

• • • Persons younger than two years old. Very young children must not wear a mask because of the risk of suffocation.

• • • Persons with a medical condition, mental health condition, or disability that prevents wearing a mask. This includes persons with a medical condition for whom wearing a mask could obstruct breathing or who are unconscious, incapacitated, or otherwise unable to remove a mask without assistance.

• • • 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.

• • On June 17, 2021, the Cal/OSHA Board is scheduled to meet again to consider amendments to, and adoption of, Cal/OSHA COVID-19 Regulations that would align Cal/OSHA with the general facemask guidance issued by the CDPH for fully vaccinated individuals. The proposed Cal/OSHA regulations excluded “fully vaccinated” employees from the facemask requirements where the employee was working outside and does not present any symptoms associated with COVID-19, or where the employee was indoors where all other persons are fully vaccinated and do not present any symptoms associated with COVID-19.
  • If changes to the ETS are approved, their effective date will be no sooner than June 28, 2021.

 

• What does the CDPH “Guidance for the Use of Masks” that go into effect on June 15, 2021, state?

1. 1. CDPH Guidance for individuals
      • • Facemasks are not required for fully vaccinated However, in the following settings masks shall be required for everyone, regardless of vaccination status:
      • • • • On public transit (examples: airplanes, ships, ferries, trains, subways, buses, taxis, and ride-shares) and in transportation hubs (examples: airport, bus terminal, marina, train station, seaport or other port, subway station, or any other area that provides transportation).
      • • • • Indoors in K-12 schools, childcare and other youth settings.
      • • • • This requirement may change as updated K-12 schools guidance is forthcoming, pending updates for K-12 operational guidance from the CDC.
      • • • • Healthcare settings (including long-term care facilities).
      • • • • State and local correctional facilities and detention centers.
      • • • • Homeless shelters, emergency shelters and cooling centers.

• 1. • • Facemasks are required for unvaccinated individuals in indoor public settings and businesses (examples: retail, restaurants, theaters, family entertainment centers, meetings, state and local government offices serving the public).
  2. CDPH Guidance for Business, Venue Operators, or Hosts

• • • In settings where masks are required only for unvaccinated individuals, businesses, venue operators or hosts may choose to implement the following:

• • • • Honor System. Provide information to all patrons, guests and attendees regarding vaccination requirements and allow vaccinated individuals to self-attest that they are in compliance prior to entry.

• • • • Vaccine Verification System. Implement a “vaccine verification system” to determine whether individuals are required to wear a mask.

• • • • • What is a “vaccine verification system”? Governor Newsom has indicated that California is developing an electronic system that businesses can use to check customers’ vaccination status. Participation in the system is not mandatory.

• • • • • Mask Mandate. Require all patrons to wear facemasks.

 

• What has the San Bernardino County Public Health Officer determined?

• • On Friday, June 11, 2021, the San Bernardino County Health Officer signed a health order designed to align the County with the CDPH guidance. The new order encourages licensed care facilities and other health care locations such as hospitals, skilled nursing facilities, clinics, urgent care centers, and rehabilitation facilities to conduct some form of wellness screening at the entrance to their facilities in accordance with CDPH guidance. The order replaces a May 8, 2020, County Health Order that specifically required these facilities to conduct temperature screenings for people entering their facilities and prohibited persons from entering if their temperature was 100 degrees or higher.

• • • The new County Health Order also makes it clear that for the general public facemask guidelines within San Bernardino County shall not be more restrictive than facemask orders set forth by the CDPH, which apply to all jurisdictions within the state.

 

• What is the new facemask guidance for businesses and the public in the City of Montclair?

• • For the general public: effective June 15, 2021, the City of Montclair will adhere to the new CDPH guidance for the use of facemasks as stated above under “CDPH Guidance for individuals“. Unvaccinated individuals shall continue to wear facemasks in all indoor settings and businesses in the City of Montclair. All emergency orders previously issued by the City of Montclair to the general public related to the wearing of facemasks are rescinded.

• • For employees at places of business: the City of Montclair will continue to adhere to the Cal/OSHA November 2020 ETS regulation. The November 2020 ETS mandates that all employees, including fully vaccinated and unvaccinated, must continue to wear face coverings at work, unless an employee satisfies one of the limited exceptions to such requirement, listed below:

• • • The following individuals are exempt from wearing masks at all times:
      • Persons younger than two years old. Very young children must not wear a mask because of the risk of suffocation.
      • Persons with a medical condition, mental health condition, or disability that prevents wearing a mask. This includes persons with a medical condition for whom wearing a mask could obstruct breathing or who are unconscious, incapacitated, or otherwise unable to remove a mask without assistance.
      • 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.

• • For business compliance: businesses operating in the City of Montclair shall, effective June 15, 2021, adhere to the new guidance for the use of facemask as sated above under “CDPH Guidance for Business, Venue Operators, or Hosts“

It is important to note that no person in California can be prevented from wearing a mask as a condition of participation in an activity or entry into a business.

The public is advised that rules related to moving California Beyond the Blueprint for a Safer Economy are subject to last minute change by various federal and state agencies.

For additional information, refer to Centers for Disease Control and Prevention (CDC) recommendations for Choosing Safer Activities, When You’ve Been Fully Vaccinated, and Frequently Asked Questions About COVID–19 Vaccination, and the CDPH guidance for face coverings.