California, New York Both Issue Indoor Mask Protocols

Both California and New York State (NYS) have issued indoor mask protocols in response to increases in coronavirus cases since Thanksgiving. The mandate NYS Governor Kathy Hochul announced on December 10th, 2021, is now in effect as of December 13. The NYS announcement came as the state addresses a winter surge that brought an increase in coronavirus cases. Correspondingly, California’s mandate goes into effect on December 15. Earlier, on December 6th, 2021, New York City (NYC) Mayor Bill de Blasio announced a vaccine mandate for private-sector workers in NYC.

Background of the Indoor Mask Protocols

Markedly, the determination is based on the states’ weekly seven-day case rate and rate of hospitalizations. According to Governor Hochul, the statewide seven-day average case rate has increased by 43% since Thanksgiving. Meanwhile, hospitalizations due to the coronavirus have increased by 29%. Although the percentage of fully vaccinated New Yorkers continues to increase, gaining 2% since Thanksgiving weekend, it hasn’t been enough to curb the virus’ spread. Therefore, the Governor announced this major action to address the winter surge and prevent business disruption statewide. Likewise, the California statewide seven-day average case rate has increased by 47% and hospitalizations have increased by 14% since Thanksgiving. Furthermore, both indoor mask protocols align with the Centers for Disease Control and Prevention’s (CDC) recommendations for communities with substantial and high transmission.

Details of the NYS Indoor Mask Protocol

Concern over upcoming holiday gatherings and a rise in COVID-19 cases and hospitalization statewide prompted the NYS indoor mask protocol. Accordingly, Acting Health Commissioner Dr. Mary T. Bassett issued a determination to support the Governor’s decision. In essence, the protocol requires both patrons and staff to wear masks in all indoor public places unless businesses or venues implement a vaccine requirement. The measure is effective until January 15th, 2022. Afterward, the state will re-evaluate the measure based on conditions at that time. Indoor public places are defined as any indoor space that is not a private residence and include publicly or privately-owned businesses, such as:

• Indoor entertainment venues
• Concert halls
• Indoor sports stadiums
• Recreational spaces
• Restaurants
• Office buildings
• Shopping centers
• Grocery stores and pharmacies
• Houses of worship
• Common areas in residential buildings

Finally, if a business or venue violates any provision of this measure, they may be subject to a fine. Specifically, the fine would carry a maximum of $1,000 for each violation. Local health departments will enforce these requirements. For additional information on the indoor mask protocol and other COVID-19 resources for businesses and venues, check the New York State Government’s Frequently Asked Questions section.

Details of the CA Indoor Mask Protocol

Meanwhile, California has updated guidance to add a statewide universal masking indoors requirement. This measure will also be effective until January 15th, 2021. Comparatively, the California Department of Public Health (CDPH) is requiring masks to be worn in all indoor public settings, irrespective of vaccine status. Finally, the following individuals are exempt from wearing masks under the California measure:

• Persons younger than two years old.
• Those with a medical condition, mental health condition, or disability that prevents wearing a mask.
• Individuals 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.

COVID-19 Resource Center

As New York and California institute their mask protocols in response to winter surges in coronavirus cases, other states may follow suit. Appropriately, the recurring nature of the pandemic may often necessitate reestablishing or refocusing on COVID-19 policies. Accordingly, Personnel Concepts created the COVID-19 Resource Center. This collection of resources includes posters, signs, and eLearning modules that cover topics like social distancing and emergency paid sick leave.