Did Cal/OSHA make the right call on masks?
Californias workplace safety board decided recently that workers would still need to wear masks if everyone in a room is not vaccinated. Some industry representatives have said the decision by the states Occupational Safety and Health Standards Board would be a burden and ignore progress against the virus. It was also suggested the mandate could slow economic recovery (One concern is the cost of providing masks to workers). There are concerns the move may create two classes of workers, the vaccinated and unvaccinated. However, influential organizations like the California Nurses Association have warned against lifting mask requirements too soon. Despite the June 15 reopening of California, Cal/OSHA described the decision as a way to keep workers safe while still allowing all industries to reopen without restrictions. Advertisement  But in an emergency meeting on Wednesday, the board suggested they will move to allow fully vaccinated employees to stop wearing masks while on the job, putting proposed health rules in agreement with recommendations issued by federal and state health officials. The boards next meeting is June 17, two days after the state reopens. Jamie Moraga, IntelliSolutions  NO: We want the health and safety of all employees, but Cal/OSHA should provide recommendations for employers to follow regarding masks not mandates. Like the vaccine passport discussion, there are ethical, legal and social implications to consider, and these mandates can create the law of unintended consequences. This includes medical privacy issues, discrimination and employee morale issues (for example resentment by vaccinated employees if they must wear masks indoors due to unvaccinated colleagues). This decision is divisive and should be revisited. David Ely, San Diego State University  NO: Faced with the recent CDC-issued guidance for vaccinated individuals, the states plans to reopen the economy, and a mandate to foster workplace safety, no rule was likely to receive board support. But the decision to immediately convene a subcommittee to revisit the new standards suggests they are just a stopgap measure. Given its differences with recent CDC guidelines and the N95 mask component, businesses will find the revised standards confusing to understand and enforce. Ray Major, SANDAG  Advertisement  NO: The new mask mandates are inconsistent. A worker in an office must wear a mask, but if they go to the deli in the same building, they dont have to wear a mask, but the deli employee does. If the deli worker visits the employees office, they dont need a mask, but the employee does. The burden will now be placed on employers to ensure compliance. Vaccinated people should not be required to wear masks. Period. Reginald Jones, Jacobs Center for Neighborhood Innovation  YES: The Cal/OSHA position is on point. More at issue is dealing with what employees are and are not vaccinated and which ones intend to get vaccinated. Federal and state authorities have clarified you may ask employees if they are vaccinated. Employers need to have workplace policy uniformly implemented to avoid discriminatory practice. One county in the state (San Mateo) is requiring employers to conduct surveys on all employees. A good measure to ensure worker safety. Lynn Reaser, Point Loma Nazarene University  Advertisement  NO: Cal/OSHA regulations run counter to Californias full reopening plans for June 15 and CDC guidelines. Requiring full masking if one employee is not vaccinated raises more costs than benefits. It presents firms with burdensome documentation and policing duties and could violate employees privacy concerns. Instead, companies could make special arrangements requested by workers unvaccinated due to health or other legal reasons. Requiring masks for all could hamper productivity and morale with minimal benefits. Kelly Cunningham, San Diego Institute for Economic Research  NO: The U.S. recently reported hitting the lowest number of new COVID cases since March 2020. With testing now conducted five times more than before, the news is even better. Herd immunity has been reached with a significant proportion of the population immune to infection because of previous exposure or vaccination. Those susceptible are much less likely to come in contact with infected individuals and obviously can continue to wear masks and take other precautions as desired. Phil Blair, Manpower  Advertisement  NO: And I am glad to hear they are reconsidering their guidelines. Their current guidelines are too constrictive for a state that has one of the highest vaccination rates in the country. We clearly need to protect ourselves and our workers but not to the extreme that is currently recommended. It is time to allow workers to get back to work and allow our economy to thrive. Gary London, London Moeder Advisors  NO: They got it completely wrong. The persons who comply, and received the vaccination, should be allowed to freely come to work unmasked. The person who didnt comply should be given a list of places to receive the vaccine, and not be allowed to come to work until he/she has been inoculated. At this point I cannot find a rational reason not to be vaccinated, barring medical conditions or a similar vulnerability. But I cannot see an economic argument on this issue, either way. Alan Gin, University of San Diego  Advertisement  YES: While the state has made great progress against COVID-19, the disease has not been completely eradicated. Masks will help prevent the spread of the disease to those and from those who are not vaccinated. If businesses are worried about the cost of providing masks or that masks would negatively affect business, then they should provide either negative or positive incentives for workers to get vaccinated. Unvaccinated workers may feel a stigma, but they are creating a potential negative externality for their coworkers and customers. Bob Rauch, R.A. Rauch & Associates  NO: Any workplace regulation on mask mandates, distancing or vaccination status will be difficult to enforce. It is up to the public and employers as to how to make employees and customers comfortable. Cal/OSHA made the wrong choice by creating a confusing set of mandates that run counter to our nations CDC and are utterly senseless. Austin Neudecker, Weave Growth  Advertisement  YES: Although we are in decent shape epidemiologically, not enough people accepted the vaccine to achieve herd immunity. We are still seeing new cases and variants that spread faster. Having social incentives for people to get vaccinated makes sense. With near 600,000 deaths in a year (more than any war/disaster/disease besides Spanish Flu), misinformation and politicization drastically prolonged and deepened the crisis. Get vaccinated, and if not, you owe your fellow humans to continue wearing masks. James Hamilton, UC San Diego  YES: Relaxing the current rule in cases when everyone has been vaccinated certainly makes sense. I also agree with requiring masks when some workers are not vaccinated because I see a compelling state interest in making sure everyone feels safe in their work environment. However, I disagree with requiring employers to provide N95 quality masks for employees who ask for them. I see that as the workers responsibility, not the firms if someone wants that level of protection. Chris Van Gorder, Scripps Health  Advertisement  YES: While the number of hospitalized COVID-19 patients has declined significantly, we still have approximately 100 hospitalized COVID patients in San Diego. And we are still having COVID patients die every week. For employees to be able to return to work safely, mask-wearing will be key. Masks have been the best protection against COVID and they should be continued in the workplace for the time being, for the sake of the employees, as well as their communities. Norm Miller, University of San Diego  NO: The problem with all large-scale policies, including eviction moratoriums or vaccine adoption scrutiny, is that they may be appropriate for some entities, but there will always be cases where hardships are imposed, where people can game the system or simply lie. Pragmatic enforcement is always an issue that is not free. I love the idea of modest peer pressure, but would prefer positive incentives without the penalties on everyone. If those who are vaccinated no longer need to mask up, leave it at that. Email me at phillip.molnar@sduniontribune.com. Advertisement  Follow me on Twitter: @PhillipMolnar