Our lobbies are closed, and we are only operating our drive through windows. We are able to maintain six feet of social distancing at our teller stations; however, the tellers are not consistently six feet apart when they pull tubes from the drive through. Are the tellers required to wear masks due to the inability to remain six feet apart at all times?

Yes, we believe your tellers are required to wear face coverings or masks if they are unable to maintain six feet of social distancing.

The modified stay-at-home Executive Order entered on April 30, 2020, provides that effective May 1, 2020, “[a]ny individual who is over age two and able to medically tolerate a face-covering (a mask or cloth face-covering) shall be required to cover their nose and mouth with a face-covering when in a public place and unable to maintain a six-foot social distance. Face-coverings are required in public indoor spaces such as stores.” The Executive Order also states that retail stores “designated as Essential Businesses and Operations under this Order shall to the greatest extent possible: provide face coverings to all employees who are not able to maintain a minimum six-foot social distance at all times. . .”

The Executive Order does not define the term “retail store.” However, the IDFPR’s Division of Banking has confirmed that financial institutions should follow the same precautions as retail stores. The Executive Order also provides: “All businesses that have employees physically reporting to a work-site must post the guidance from the Illinois Department of Public Health (IDPH) and Office of the Illinois Attorney General regarding workplace safety during the COVID-19 emergency.” The IDPH guidance that must be posted states that employers should “provide face coverings to employees, especially when it is not possible to maintain at least 6 feet” of social distancing.

Consequently, we believe your tellers must wear — and your bank should provide them with — face coverings or masks, because they are unable to maintain six feet of social distancing when pulling tubes at your drive-throughs.

For resources related to our guidance, please see:

Illinois Executive Order 2020-32 (April 30, 2020) (pre-filing copy provided to media and the public) (April 30, 2020) (“This Executive Order is effective as of May 1, 2020: Section 1. Public Health Requirements for Individuals Leaving Home and for Businesses

1. Wearing a face covering in public places or when working. Any individual who is over age two and able to medically tolerate a face-covering (a mask or cloth face-covering) shall be required to cover their nose and mouth with a face-covering when in a public place and unable to maintain a six-foot social distance. Face-coverings are required in public indoor spaces such as stores.

2. Requirements for essential stores. Retail stores (including, but not limited to, stores that sell groceries and medicine, hardware stores, and greenhouses, garden centers, and nurseries) designated as Essential Businesses and Operations under this Order shall to the greatest extent possible: provide face coverings to all employees who are not able to maintain a minimum six-foot social distance at all times; . . .”)

Illinois Executive Order 2020-32 (April 30, 2020) (“For the purposes of this Executive Order, Essential Businesses and Operations means . . . the following: . . . [[b][/b]b]anks . . .”)

Illinois Executive Order 2020-32 (April 30, 2020) (“All businesses that have employees physically reporting to a work-site must post the guidance from the Illinois Department of Public Health (IDPH) and Office of the Illinois Attorney General regarding workplace safety during the COVID-19 emergency. The guidance will be posted on the IDPH webpage.”)

Illinois Department of Public Health, Workplace Health and Safety Guidance for Employees and Staff of Businesses (April 30, 2020) (“Pursuant to Executive Order 2020-32 (Stay at Home Order), your employer must comply, to the greatest extent feasible, with social distancing requirements. This means that your employer should: . . . Provide face coverings to employees, especially when it is not possible to maintain at least 6 feet of space between you and another person.”)