CDC Updates Guidance on Mask Wearing

The Centers for Disease Control and Prevention (CDC) issued guidance on Thursday, May 13, that recommends that fully vaccinated workers can stop wearing masks in most situations. The Occupational Safety and Health Administration (OSHA) has said that it will update its recommendations to reflect the CDC’s new guidance, and to refer to the CDC guidance for information on measures appropriate to protect fully vaccinated workers in the meantime.

A potential future complication is OSHA’s pending Covid-19 emergency temporary standard, which is still under review at the White House’s Office of Information and Regulatory Affairs. The review office is still holding stakeholder meetings on the pending rule through May 24, which will likely delay its ultimate publication in the federal register.

Currently, there is no federal regulation that requires employers to take steps to safeguard workers against airborne spread of pathogens. For COVID-19, OSHA now relies on the general duty clause of the Occupational Safety and Health Act, which requires employers to provide workplaces free of known, fatal hazards that can be mitigated.

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