Did you like Executive Order 12 which set forth a new mask rule in Connecticut? Well, I hope you didn’t get used to it because it changed again on Thursday.

Executive Order 12A tweaks the prior rule.

It provides that the Department of Public Health shall issue a rule setting forth a comprehensive list of facilities, venues and other locations where masks and face coverings are required.

The Department of Public Health later set forward a rule (as opposed to the guidance I noted yesterday) stating in no uncertain terms that everyone must wear masks in certain situations including inside public or private school buildings, inside transportation hubs or using transportation services (planes, trains and taxis, etc.) or other specified situations.

The new rule adds a new enforcement mechanism that anyone who doesn’t wear a mask in accordance with the DPH rule shall be fined $100.  In the case of an employee, the new rule states that an employer rather than the employee is liable for the fine for any employee’s failure to wear a required mask as set forth in the DPH rule.  This fine does not appear applicable to situations where an unvaccinated person doesn’t wear a mask in a public place.

How this rule will ultimately be enforced remains to be seen.  And to be clear, none of the orders or rules suggest that masks must be worn outdoors.

One other side note: The Governor also released Executive Order 12B which extends several of the emergency orders until June 30 or July 20, 2021.  A full list of such extensions is available here.  

Regardless of the changes, employers should again consider maintaining masks or face coverings in indoor work settings, particularly for unvaccinated workers, as the guidance here continues to be fluid.