My Employees Have Been Jabbed Twice, Now What?
I have been getting a lot of questions about the CDC’s stance on mask use after being fully vaccinated, and whether or not employers should continue to require employees who have been fully vaccinated to wear masks. The short answer is: It depends. Below is an excerpt from FAQs published by the CDC last Tuesday the 13th that will shed some light on this issue.
Do I need to wear a mask and avoid close contact with others if I have gotten 2 doses of the vaccine?
It depends. For now, fully vaccinated people can gather indoors without physical distancing or wearing masks with:
Other people who are fully vaccinated
Unvaccinated people from one other household, unless any of those people or anyone they live with has an increased risk for severe illness from COVID-19.
Until more is known, fully vaccinated people should continue to wear masks and stay 6 feet apart from other people in other settings, like when they are in public or visiting with unvaccinated people from multiple households.
This should get you to the CDC’s COVID-19 FAQ page. https://www.cdc.gov/coronavirus/2019-ncov/vaccines/faq.html
Keep in mind LSA-R.S. 9:2800.25 when deciding if you are going to continue to require your employees to wear masks. You haven’t memorized LSA-R.S. 9:2800.25? Here are the relevant parts:
No natural or juridical person, state or local government, or political subdivision thereof shall be liable for any civil damages for injury or death resulting from or related to actual or alleged exposure to COVID-19 in the course of or through the performance or provision of the person's, government's, or political subdivision's business operations unless the person, government, or political subdivision failed to substantially comply with the applicable COVID-19 procedures established by the federal, state, or local agency which governs the business operations and the injury or death was caused by the person's, government's, or political subdivision's gross negligence or wanton or reckless misconduct. If two or more sources of procedures are applicable to the business operations at the time of the actual or alleged exposure, the person, government, or political subdivision shall substantially comply with any one applicable set of procedures.
An employee whose contraction of COVID-19 is determined to be compensable under the Louisiana Workers' Compensation Law shall have no remedy based in tort for such exposure against his employer, joint employer, borrowed employer, statutory employer, any other person or entity listed in R.S. 23:1032(A)(1)(b), and any other person or entity potentially liable pursuant to the Louisiana Workers' Compensation Law unless the exposure was intentional as provided by R.S. 23:1032(B).
This is a link to the Act. https://legis.la.gov/Legis/Law.aspx?d=1187405
We strongly encourage you to check the CDC web site daily and to follow its latest guidance and recommendations.