By Kate Goodrich, Brad Nitschke, & Gary Fowler
El Paso city officials issued a revised local emergency directive on June 18, 2020, mandating that all businesses in the city of El Paso must develop and implement a health and safety policy that requires wearing a face mask to help combat the spread of COVID-19. Covered businesses include any for-profit, non-profit, or educational entities, regardless of the nature of the service or function they perform and regardless of corporate or entity structure. All offices and departments of the City of El Paso are also covered.
The following key elements were included in the new directive:
- All businesses must require employees, including volunteers, to have a face covering when either in an area or performing an activity where six feet of separation from others is not feasible;
- All businesses must require visitors, to include customers, contractors and vendors, to wear face coverings while on the business’s premises;
- All businesses must post their health and safety policy in a conspicuous location that would provide sufficient notice to employees, volunteers and visitors; and
- The health and safety policy required may include additional measures designed to control the spread of Coronavirus, including temperature checks and health screenings.
In addition, gyms and exercise establishments must require all individuals inside of the business establishment to wear a face covering at all times except for when an individual is actively engaging in exercise. Further, all non-residents in nursing homes, state-supported living centers, assisted living facilities and long-term care facilities must wear a fabric face covering under the terms of the order.
The new requirements will take effect on June 22, 2020, and businesses that fail to comply may be fined up to $500 for each violation.
Jackson Walker’s COVID-19 Task Force stands ready to assist any commercial entity with development of the Health and Safety Policy required by El Paso’s order and has developed a model notice based on the minimum requirements of the order. For further information about how this order may affect your business, to discuss developing a comprehensive health and safety plan, or for other Coronavirus-related assistance, please contact Brad Nitschke, Gary Fowler, or any member of Jackson Walker’s Labor & Employment group.
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Please note: This article and any resources presented on the JW Coronavirus Insights & Resources site are for informational purposes only, do not constitute legal or medical advice, and are not a substitute for legal advice from qualified counsel. The laws of other states and nations may be entirely different from what is described. Your use of these materials does not create an attorney-client relationship between you and Jackson Walker. The facts and results of each case will vary, and no particular result can be guaranteed.
