Masks are now required for all essential business employees who deal with the public

A new addition to Gov. Andrew Cuomo’s executive order to combat the spread of COVID-19 now requires all essential businesses and any employees present in the workplace to be provided with and wear face masks when in direct contact with customers or members of the public.

The executive order’s amendment became effective at 8 p.m. on Wednesday, April 15.

Businesses must provide, at their expense, such face coverings for their employees and is enforceable by local governments or local law enforcement as if it were an order pursuant to section 12 or 12-b of the Public Health Law.

Specifically, according to the executive order: “Essential businesses, as well as state and local government agencies and authorities, must procure, fashion, or otherwise obtain face coverings and provide such coverings to employees who directly interact with the public during the course of their work at no-cost to the employee. Face coverings include, but are not limited to, cloth (e.g. homemade sewn, quick cut, bandana), surgical masks, N-95 respirators and face shields.”

The Department of Health further stated:

· Direct interaction with the public shall be determined by the employer, but, at a minimum, shall include any employee who is routinely within close contact (i.e. six feet or less) with members of the public, including but not limited to customers or clients.

· Employees are allowed to use their own face coverings, but shall not be mandated to do so by their employer. Further, this guidance shall not prevent employees from wearing more protective coverings (e.g. surgical masks, N-95 respirators, or face shields) if the individual is already in possession of such PPE, or if the employer otherwise requires employees to wear more protective PPE due to the nature of their work (e.g. health care).

· Employees are required to wear face coverings when in direct contact with members of the public, except where doing so would inhibit or otherwise impair the employee’s health. Employers are prohibited from requesting or requiring medical or other documentation from an employee who declines to wear a face covering due to a medical or other health condition that prevents such usage.

· Employees who are unable to wear face coverings and are susceptible to COVID-19 based on the “Matilda’s Law” criteria (i.e. individuals who are 70 years of age or older, individuals with compromised immune systems, and individuals with underlying illnesses) should consult with their employer to consider reasonable accommodations, including but not limited to different PPE, alternate work location, or alternate work assignment with fewer interactions with the public. Employers should work with their employees to see if they can be accommodated to ensure the employee can continue to deliver essential services in the safest manner possible.

· If an employer is unable to procure, fashion, or otherwise obtain face coverings for their employees, they may consult with their local office of emergency management to determine if extra supplies exist within the municipality for this purpose and, if so, they may submit a request for face coverings. Not being able to source face coverings does not relieve an employer’s obligation to provide such face coverings to their employees.

To learn more, visit the New York State Coronavirus (COVID-19) website at:

https://coronavirus.health.ny.gov/