Workers' Compensation: CDC issues mandate on wearing of face masks while on conveyances and at transportation hubs

Many of the nation’s employers and employees will be impacted by a recent mask mandate promulgated by The Centers for Disease Control and Prevention. This national Order will establish a uniform science and medical evidence strategy to prevent the transmission of SARS-CoV2 (coronavirus) and the emerging spread of variants of the disease.

The Centers for Disease Control and Prevention (CDC) issued an Order [PDF – 11 pages] on January 29, 2021, requiring the wearing of masks by travelers to prevent the spread of the virus that causes COVID-19. Conveyance operators must also require all persons on board to wear masks when boarding, disembarking, and for the duration of travel. Operators of transportation hubs must require all persons to wear a mask when entering or on the premises of a transportation hub.

This Order must be followed by all passengers on public conveyances (e.g., airplanes, ships, ferries, trains, subways, buses, taxis, ride-shares) traveling into, within, or out of the United States as well as conveyance operators (e.g., crew, drivers, conductors, and other workers involved in the operation of conveyances) and operators of transportation hubs ( e.g., airports, bus or ferry terminals, train or subway stations, seaports, ports of entry) or any other area that provides transportation in the United States.

People must wear masks that cover both the mouth and nose when awaiting, boarding, traveling on, or disembarking public conveyances. People must also wear masks when entering or on the premises of a transportation hub in the United States.

This Order [PDF – 11 pages] will be effective on February 1, 2021, at 11:59 pm (EST).

The following are attributes of masks needed to fulfill the requirements of the Order. CDC will update this guidance as needed.

A properly worn mask completely covers the nose and mouth.
Cloth masks should be made with two or more layers of a breathable fabric that is tightly woven (i.e., fabrics that do not let light pass through when held up to a light source).
Mask should be secured to the head with ties, ear loops, or elastic bands that go behind the head. If gaiters are worn, they should have two layers of fabric or be folded to make two layers.
Mask should fit snugly but comfortably against the side of the face.
Mask should be a solid piece of material without slits, exhalation valves, or punctures.

The following attributes are additionally acceptable as long as masks meet the requirements above.

Masks can be either manufactured or homemade.
Masks can be reusable or disposable.
Masks can have inner filter pockets.
Clear masks or cloth masks with a clear plastic panel may be used to facilitate communication with people who are hearing impaired or others who need to see a speaker’s mouth to understand speech.
Medical masks and N-95 respirators fulfill the requirements of the Order.

The following do not fulfill the requirements of the Order.

Masks worn in a way that does not cover both the mouth and nose
Face shields or goggles (face shields or goggles may be worn to supplement a mask that meets the above required attributes)
Scarves, ski masks, balaclavas, or bandannas
Shirt or sweater collars (e.g., turtleneck collars) pulled up over the mouth and nose.
Masks made from loosely woven fabric or that are knitted, i.e., fabrics that let light pass-through
Masks made from materials that are hard to breathe through (such as vinyl, plastic, or leather)
Masks containing slits, exhalation valves, or punctures
Masks that do not fit properly (large gaps, too loose or too tight)