Texas Lifts Mask Mandate. Now What?

On March 2, 2021, Governor Greg Abbott issued Executive Order GA-34, which lifts Texas’ mask mandate and COVID-19 operating limits for certain businesses, effective Wednesday, March 10, 2021. Notably, the order does not preclude businesses from requiring employees or customers to follow COVID-19 mitigation measures, including wearing a mask. [1] 

While the mask mandate will be lifted in Texas next week, before no longer requiring masks, Texas employers should consider the broader implications of doing so, including; potential liability from employees and customers, the impact of OSHA and CDC guidelines which still recommend masks, and other COVID-19 mitigation measures. Employers also need to ensure compliance with OSHA’s General Duty Clause which requires employers to provide employees a workplace free from recognized hazards that can cause harm or death. We also anticipate OSHA will issue a new emergency rule related to COVID-19 protections soon given President Biden’s January 21 executive order calling for such by March 15, 2021. The Biden Administration announced that it will aggressively enforce compliance with OSHA’s workplace safety standards, especially related to COVID-19 mitigation, lending further credence to the importance of employers considering and, if appropriate, implementing (or sustaining) OSHA’s recommendations. Given all of this, please consult with your Client Experience Manager regarding the risks and benefits of any change of policy on masks.

This article is for informational purposes only and should not be considered legal advice. Please consult with your legal counsel regarding any specific situation, particularly given that this is a rapidly developing area of the law.

Written by Christie Newkirk and Chelsea Glover from Carrington, Coleman, Sloman & Blumenthal, L.L.P.

[1] The order also provides that for counties in “areas with high hospitalizations,” meaning any Trauma Service Area where the percentage of COVID-19 hospitalized patients exceeds 15% for seven consecutive days, the county judge may implement COVID-19 mitigation strategies; however, no penalty may be imposed for failing to wear a mask or violating an order issued in response to COVID-19 and no business may be required to operate at less than 50% of total occupancy.