On Wednesday, July 15, the Tulsa City Council passed an ordinance (a law) requiring the wearing of face coverings (masks) to address COVID-19. If you have a business or employees in the City of Tulsa, you need to know what this means.

When does this go into effect and for how long?

The law goes into effect today, July 16, 2020.

You must comply until (i) November 30, (ii) the health crisis is over, or (iii) the City Council amends, extends, or repeals the ordinance.

As an employer, what must I do?

There are two (2) situations where persons must wear face coverings. They are:

First, if you are located where employees interact with the public in the normal course of business in either a Place of Public Accommodation or an Educational Institution (see below for what those are):

Place of Public Accommodation. This means all places offering items, goods or services for purchase or rent, including without limitation retail businesses, personal services and spas, entertainment venues, food service facilities, restaurants and bars, hotels, motels and travel related services, professional offices and services, banks and financial services, repair facilities, motor vehicle dealerships.

Educational Institution. This means any building or facility used for academic or athletic purposes on public school campuses, and any private school or preschool. This does not include the playing surface of any athletic facility during organized activities and practices.

Second, if you are in a “Public Setting” (a public place where persons congregate, which is not a place of public accommodation, including but not limited to offices, workplaces, houses of worship and ancillary facilities, child care facilities, hospitals and health facilities, gymnasiums and physical fitness facilities, adult and youth sports facilities, communal outdoor spaces such as sidewalks, trails, and parks, and food trucks and other outdoor retails entities) where you cannot maintain 6 feet of distance between persons who are not part of the same household.

The ordinance is very broad. With regard to businesses, it is written to cover places of business and the majority of areas within your business.

Are there any exemptions?

Of course. While it is safe to begin with the assumption that your business and persons in it (both your employees as well as customers/patrons) are covered, there are 8 exemptions to these requirements. They are:

1. a person who falls under the guidance from the United States Centers for Disease Control and Prevention (CDC) as to those who should not wear face coverings due to a medical or mental health condition or developmental disability;

2. children under 18 years of age;

3. restaurant patrons while they are eating or drinking;

4. persons exercising in communal outdoor spaces or persons walking or exercising with other persons in the same household in communal outdoor spaces – as long as 6 feet of distance is maintained between persons who are not part of the same household;

5. settings where it is not practical or feasible to wear a face covering such as dental services or medical treatments or while swimming;

6. occupants in a personal vehicle, personal office, or similarly private space while other persons outside of the person’s household are not present;

7. private homes; and

8. offices and workplaces (that are not public service areas where employees interact with the public in the normal course of business) as long as 6 feet of distance is consistently maintained between employees and other occupants during the hours of operation.

With regard to Exemption 1, questions will surely come up about the limits on what you can and cannot ask your employees. Currently, CDC Guidance says that face coverings should not be worn by the following groups: children younger than 2; anyone who has trouble breathing; or anyone who is unconscious, incapacitated, or otherwise unable to remove the cloth face covering without assistance. If you have an employee who states they cannot wear a face covering, you can request medical documentation verifying the employee has a condition which would qualify under one of these groups. This medical documentation is confidential medical information and should be handled and filed as a confidential medical record.

What are “face coverings”?

A “face covering” is broadly defined to include cloth face masks, towels, scarves, bandanas (as recommended by the CDC or Oklahoma State Department of Health), an N95 or KN95 mask, or other mask appropriate for a health care setting, or a surgical mask. The face covering must fully cover a person’s nose and mouth. The ordinance refers to both the CDC and the Oklahoma State Department of Health for guidance as necessary.

What do you do now?

A single site of employment may have areas which will require face coverings and areas that do not. For example, reception areas will likely require face coverings because that is the area where the public comes into a workplace. However, a private back office might not require a mask. Employers will need to review the law and determine what it must do to comply with the law and, further, what it should do to minimize the risk of transmission at its workplace.

What if my business is not inside Tulsa city limits?

This ordinance applies only within the City of Tulsa. However, you should check for any applicable ordinances, proclamations, etc., which may apply to your location.

By Kristen L. Brightmire, kbrightmire@dsda.com