What the Mask Mandates Look Like for Businesses Now

In early May, the CDC face covering guidance was updated to say that fully vaccinated individuals are no longer required to wear a mask indoors or outdoors, except in certain locations (health care settings, jails, homeless shelters, schools, and public transportation). Although 33 states have eliminated it, in Washington, there is no end date for the mask mandate.

Governor Inslee’s May 21 mask mandate update makes an exception for anyone who is vaccinated. As of May 28, approximately 52% of Washingtonians are vaccinated; the governor’s goal is a vaccination rate of more than 70% to fully reopen the state now. As the burden of enforcement for many statewide pandemic requirements has been placed on businesses, the question quickly turned to, “Who is responsible to enforce who is wearing a mask – and how do you verify it?”

Again, the burden is on businesses. Thankfully there is some respite as businesses may adopt an “honor system” where it is assumed that any customer not wearing a mask is vaccinated, provided there is signage announcing that only fully vaccinated patrons may remove their mask: Download the flyer here.

However, the rules are different when it comes to employees. During a webinar on May 25, Craig Blackwood, the Deputy Assistant Director of LNI, shared that an employer must verify vaccination status for any employee who is not masked or physically distanced. At that time, acceptable documentation was described as a CDC vaccination card, a photo of the card, documentation from a health care provider, a written attestation from the worker, or documentation from the state immunization information system. Guidance for wearing masks in the workplace can be found here. 

Blackwood also stated that LNI would not ask to verify vaccination records and instead audit the process in which a business verifies that an employee has been vaccinated. However, this too seems to have changed in less than a week, as there is now rumbling of state-mandated vaccine passports. To that end, experts question whether requiring vaccine passports will violate the federal Health Insurance Portability and Accountability Act (HIPAA) or Americans with Disabilities Act (ADA). Meanwhile, fines may be imposed if a business is found in violation of rules LNI has put in place for COVID vaccinations. 

Once again, employers are caught in a gray area of government messaging. As more information is available, the Chamber will share those updates at masonchamber.com/recovery.

*Update: since the original posting, some members have reached out about resources for those who disagree with the above. Below you’ll find some sites with more information if you are not in agreement:

Informed Consent Action Network (ICAN) – In order to obtain potential legal assistance, email ICAN at freedom@icandecide.org and provide a copy of the written notice from your school or employer stating that the COVID-19 vaccine is required. You can also see this letter ICAN is sending to all universities mandating vaccines.

Attorneys for the America’s Frontline Doctors – has put together fantastic letters you can share with your employer or school to show them how untenable a vaccine mandate is and the volume of liability they would have if they tried to.

Health Freedom Defense Fund – They aid families and individuals whose health rights have been infringed and they support legal challenges to unjust laws that undermine our health and freedoms. You can contact them and see a list of resources here. Their legal team can also send Cease-and-Desist letters on your behalf if needed.

State-by-State List of Vaccine Attorneys. If you need help for a more specific situation, you can check out this list of attorneys standing by to help.