Regardless of liability issues, we believe that banks are required to provide face coverings to all employees who 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: “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.” 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,” but the IDFPR 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 bank is required to provide face coverings to all employees who are unable to maintain six feet of social distancing. Whether you allow employees to wear their own face coverings instead of the provided masks is an internal policy decision to be made your bank. Additionally, you may wish to review the CDC’s guidance on cloth face coverings.
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) (“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.”)