On November 17, 2020, Dr. Rachel Levine, Secretary of Pennsylvania’s Department of Health issued an updated Order requiring universal face coverings (i.e. masks). The updated Order requires individuals, age two and older, to wear a face covering, except in the presence of household members, when:
1) Indoors or in an enclosed space where others are present;
2) Outdoors when unable to maintain at least six (6) feet distance from others;
3) Participating in indoor physical activity (i.e. in a gym or fitness center) where others are present;
4) Waiting in a public area for transportation or while in a taxi, private car service, or ride-share;
5) Obtaining services from a health care provider, whether for self, another person, or pet; and
6) When working in any space where food is prepared or packaged.
The updated Order also states that certain facilities, including hospitals, treatment facilities and correctional facilities may require individuals to wear face coverings at other times not listed above.
Additionally, the updated Order specifically states that a business or school entity must:
1) Require all people to wear a face covering and take reasonable steps to enforce the requirement;
2) Mitigate or eliminate employee, teacher, student, visitor and customer exposure to people who cannot wear or refuse to wear a face covering;
3) Post visible signs stating that face coverings are required;
4) Provide reasonable accommodations (i.e. face shield) to people, including employees, teachers, students, visitors and customers, who state that they have a medical or mental health condition or disability that makes it unreasonable for the person to wear a face covering.
Businesses and schools should not enforce face coverings when is it unsafe to do so, restrain or use force against anyone who refuses to comply, or violate other state or federal laws. The updated Order does not modify Dr. Levine’s July 15, 2020 Order Directing Mitigation Measures related to businesses, events and gatherings, and other facilities, except to require that venues enforce 6-foot distancing and face covering requirements.
Please contact our firm for additional information concerning how the updated Order may impact your school’s operations.
