Department of Health Releases Rules on Face Covering Executive Order

Yesterday, Governor Andrew Cuomo released an executive order mandating all essential employees interacting with the public wear face coverings beginning tomorrow night, April 15, at 8 p.m.

Today, the NYS Department of Health provided more details of the requirements regarding these face coverings:
  • Face coverings include, but are not limited to, cloth (e.g. homemade sewn, quick cut, bandana), surgical masks, N-95 respirators, and face shields. Please visit the Centers for Disease Control and Prevention’s “Coronavirus Disease 2019 (COVID-19)” website for information on cloth face covers and other types of personal protective equipment (PPE), as well as instructions on use and cleaning.
  • Employees are allowed to use their own face coverings but shall not be mandated to do so by their employer.
  • Employees are required to wear face coverings when in direct contact with members of the public, except where doing so would inhibit or otherwise impair the employee’s health.
  • If an employer is unable to procure, fashion, or otherwise obtain face coverings for their employees, they may consult with their local office of emergency management to determine if extra supplies exist within the municipality for this purpose and, if so, they may submit a request for face coverings.

We are still awaiting information on what the penalties associated with non-compliance of this order will be. You can read the full guidance here .