State and Local Order Rule and Regulatory Impact
Q: Does the CDC’s new guidance for vaccinated people impact state and local orders or rules that may still require mask wearing and social distancing?
A: No. As noted, the CDC’s guidance is just that –
guidance – and the CDC does not have authority over state or local governing bodies that may impose stricter public health rules. For example, many municipalities, such as Chicago, have maintained that masks must be worn in restaurants and bars unless patrons are actively eating or drinking. Likewise, many municipalities still maintain capacity limits and masking requirements in buildings and public spaces, such as offices and manufacturing facilities. The same sort of restrictions are also applicable in many states by various Executive Orders issued by their governors – for example, Executive Order 192 in New Jersey requires businesses to require employees to wear masks in the workplace, with limited exceptions. Unless and until these state and local orders governing these issues are revised or rescinded, employers should maintain existing mask wearing and distancing policies where required by law.