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In a sign that the COVID-19 pandemic’s impact is waning and vaccines are having an impact on the spread of the virus, on May 13, 2021, the Centers for Disease Control and Prevention (CDC) announced that fully vaccinated people may resume their pre-COVID-19 pandemic activities without wearing a mask, except where required by, among other things, federal or state law and local business and workplace guidance and rules.

Though welcome news for many, the CDC’s announcement left employers wondering whether they still needed to, or should, require fully vaccinated employees to wear face coverings consistent with the Occupational Safety and Health Administration’s (OSHA) Jan. 29, 2021, COVID-19 non-mandatory guidance, titled “Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace.”

On May 17, OSHA answered the question: “No.” On its website, the workplace safety agency instructed employers to follow the CDC’s recent mask guidance for employees who are fully vaccinated. OSHA’s announcement, however, does not apply to activities in the health care industry (see CDC announcement for some additional exceptions). OSHA plans to update its non-mandatory COVID-19 safety and health guidance based on the CDC’s new mask guidance.

Although OSHA has given employers the “green light” to permit fully vaccinated employees to stop wearing face coverings in the workplace, employers must still adhere to state and local mask mandates. To date, not all states and localities have withdrawn their mask mandates; some states, like California, Virginia, Michigan, and Oregon, have workplace safety regulations related to COVID-19 that specifically require employees to wear face coverings in the workplace without regard to whether an employee is fully vaccinated. As such, employers should review state and local mandates and regulations when considering whether to roll back their employee face covering requirement.

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Photo of Michael Taylor ‡ Michael Taylor ‡

Michael Taylor is Chair of the Greenberg Traurig OSHA Practice group. Michael focuses his nationwide practice exclusively on representing employers regarding workplace safety and health matters. Over the last two decades, Michael has represented hundreds of employers during federal and state workplace safety…

Michael Taylor is Chair of the Greenberg Traurig OSHA Practice group. Michael focuses his nationwide practice exclusively on representing employers regarding workplace safety and health matters. Over the last two decades, Michael has represented hundreds of employers during federal and state workplace safety and health litigation, many of which involved a significant injury, fatality, fire, explosion, or catastrophic release of a highly hazardous substance in the workplace. Michael also provides federal and state workplace safety and health compliance counseling, inspection counseling, whistleblower representation, and due diligence reviews for clients. Michael also represents employers regarding Chemical Safety Board investigations in response to a significant fire, explosion, or catastrophic release of a highly hazardous substance in the workplace. Michael has significant experience in the oil, gas, electric utility, grain, construction, and chemical manufacturing industries.

Michael previously served as General Counsel to the federal Occupational Safety and Health Review Commission, the agency in charge of adjudicating workplace safety and health disputes between federal OSHA and the regulated community.

Michael is the Founder and Host of the Greenberg Traurig Workplace Safety Review Podcast, where he interviews influential environmental, health, and safety professionals across the country regarding timely and important topics in the environmental, health and safety world. Recent guests have included Douglas Parker, Assistant Secretary of Labor for Occupational Safety and Health in the Biden Administration; Deborah Harris, Chief of the U.S. Department of Justice Environmental Crimes Section; John Howard, Director of NIOSH and Administrator of the World Trade Center Health Program in the U.S. Department of Health and Human Service; Nadine Mancini, General Counsel of the federal Occupational Safety and Health Review Commission; and Richard Fairfax, former Deputy Assistant Secretary of Labor for federal OSHA.

In 2020, Michael was recognized as a “Labor & Employment Star” in the Benchmark Litigation Labor & Employment rankings, and, in 2013, EHS Today named Michael as one of the Top 50 People Who Most Influenced Environmental, Health, and Safety.

 Admitted in the District of Columbia. Not admitted in Virginia. Practice in Virginia limited to federal OSHA and proceedings before federal agencies.

Photo of Michael G. Murphy Michael G. Murphy

Michael Murphy is a board certified construction lawyer who focuses his practice on defects, design claims, delay, disruption and acceleration claims, lien foreclosures, and arbitration on behalf of owners, developers, contractors and subcontractors. He reviews and draft construction contacts. He advises clients in…

Michael Murphy is a board certified construction lawyer who focuses his practice on defects, design claims, delay, disruption and acceleration claims, lien foreclosures, and arbitration on behalf of owners, developers, contractors and subcontractors. He reviews and draft construction contacts. He advises clients in the construction industry on OSHA compliance issues, workplace accident and fatality investigations, and contest of citations through trial. He also practices in the area of commercial litigation.

Photo of Adam Roseman Adam Roseman

Adam Roseman focuses his practice on federal and state labor and employment investigations, counseling and litigation arising under Title VII, the Fair Labor Standards Act, whistleblower retaliation under Sarbanes-Oxley and Dodd-Frank, the Occupational Safety and Health Act, and restrictive covenants. Adam also has

Adam Roseman focuses his practice on federal and state labor and employment investigations, counseling and litigation arising under Title VII, the Fair Labor Standards Act, whistleblower retaliation under Sarbanes-Oxley and Dodd-Frank, the Occupational Safety and Health Act, and restrictive covenants. Adam also has experience on white collar matters, representing clients during internal investigations and in civil and criminal government enforcement actions including the defense of qui tam/False Claims Act complaints.