Ana B. Ibarra
Employers in California won’t be able to follow In-N-Out’s precedent of banning workers from wearing masks at work for at least another year and a half.
The state’s COVID-19 workplace rule, which protects the right of workers to decide for themselves whether to wear face coverings, is in place until at least February 2025, with the possibility of extension.
These regulations prevented the iconic Irvine-based burger chain from enforcing them. new policy It operates about 70% of its restaurants in the state, which prohibits employees from wearing masks.
Instead, the in-and-out mask ban applies to restaurant employees in Arizona, Colorado, Nevada, Texas and Utah.that 116 bases in total in those states.
“We want to emphasize the importance of customer service,” the company said in a memo. And the ability to show employees smiles and other facial features. ”
Employees are allowed to wear masks if they show a medical certificate that “clearly states the reason for exemption.”
Release In-N-Out another masking policy For employees in California and Oregon, it’s up to each worker to choose whether or not to wear a mask. This approach complies with California and Oregon standards for continued employee protection.
In some ways, the split is a reminder of California’s more cautious response to the COVID-19 pandemic.Democratic states were the first to issue orders to their residents evacuate to the spot And shut down non-essential activities. Throughout the pandemic, state health officials have updated guidelines and regulations to adapt to evolving infection patterns.
In-N-Out followed these rules during the pandemic, but the company Local indoor vaccination mandates are being challenged By refusing to verify the client’s vaccination record, Temporary closure of San Francisco restaurants Also in Pleasant Hill, Contra Costa County, according to reports.
California’s agency responsible for occupational safety, Cal/OSHA, updated its COVID-19 requirements earlier this year. Among them: “Employers must allow employees to wear face coverings if they voluntarily choose to do so, unless they pose a safety hazard.”
Employers in California can require masks
Employers in California could go a step further and require workers to wear masks, as long as they have the flexibility to accommodate people who cannot wear masks due to medical reasons or disabilities.
The state said pandemic-related restrictions on employers are gradually being eased, but employers still need to take some steps to protect workers. Cal/OSHA’s COVID-19 Prevention Rule.
These include:
- Notify employees of COVID-19 cases at work.
- Provide face coverings and free testing to employees during workplace outbreaks (defined as at least 3 cases in 7 days).
- Improve indoor ventilation and air filtration to prevent infections.
Labor groups in California will continue to advocate public health rules to protect fast food workers.
Ingrid Vilorio, a Jack in the Box employee at Castro Valley and an SEIU member, said fast-food workers often lack basic protections during the pandemic.
“That’s why workers like me went on strike and testified at a California Occupational Safety and Health Administration (OSHA) meeting about the need for emergency safety standards to keep our colleagues, customers and families safe. she said.
“Maintaining the right to wear a mask is more about the freedom and authority to make decisions that protect workplace safety,” Bilorio added.
Why Fast Food Workers Want Masks
Cal/OSHA enforces regulations on complaints and post-accident inspections, the agency said in an email. We also carry out regular inspections.
Alicia Riley, an assistant professor of sociology at the University of California, Santa Cruz who has conducted health equity research during the pandemic, said she felt the In-N-Out memo to employees was narrow-minded.
“A lot has been assumed as to why someone would want to wear a mask. I haven’t,” Riley said. “They may not be at increased risk of serious illness, but they may be living with someone who is seriously ill.”
early this month, California Supreme Court sided with employers A Bay Area woman sued her husband’s employer after he contracted the novel coronavirus while at work and took it home with him, becoming critically ill. The court ruled that she could not claim workers’ compensation.
Riley said the in-and-out mask ban highlights the workplace inequalities that the pandemic has exposed. For example, a cook was one of his 25 occupations with the most excess deaths in 2020. According to Riley’s research,.
new outbreak of novel coronavirus
Although the number of COVID-19 cases and hospitalizations is down from three years ago, the recent outbreak shows that risks remain.
Just last week, the Los Angeles County Public Health Department Reported an increase in the number of people infected with COVID-19 and virus concentrations in wastewater after the 4th of July weekend. The ministry said new outbreaks have also been identified in nursing homes, where residents are very susceptible to illness. The ministry said it had opened 23 outbreak investigations in two weeks.
With the virus still around, public health experts say workplace rules like allowing employees to wear masks if they choose make sense.
UCLA professor of epidemiology Sheila Shafir said: “From a broader public health perspective, measures that help minimize the impact on others and reduce the transmission of any disease certainly need to be maintained. You should be interested in doing it,” he said.
“Being able to maintain the workforce and minimize the risk of outbreaks occurring within the facility, these are in the best interests of both businesses and the public,” Shafir said.
Supported by the California Health Care Foundation (CHCF). People will get the care they need, when they need it, at an affordable price.visit www.chcf.org you can know more.
Ana B. Ibarara covers health policy and the COVID-19 pandemic at CalMatters.Please send her an email to ana@calmatters.org.