Pub. 5 Issue 4

15 as retailers, hotels and restaurants, have taken their policy a step further to of- fer masks to visitors when they enter. For hotel guests who will be staying for extended periods, have guests sign an acknowledgment of the policy with an agreement to adhere to it. Be specific about consequences — tell guests that they will be asked to put a mask on if they are discovered without one and asked to leave the property if they refuse to comply. S tep Three: Train Your Staff Your staff will be more likely to effec- tively enforce your requirement for masks if they understand why you have the requirement. Train your employees on all health and safety measures you are implementing, including the face mask requirement, and the reasons why you are implementing these measures. You should emphasize that these measures are for their protection as well as the protection of others that they interact with. Educate your employees about your state or local government requirements, so they understand what is required and what is not. Additionally, because both OSHA and the CDC have included masks in their respective recommendations and guidance, requiring masks for both employees and visitors could help avoid an OSHA General Duty Citation or similar challenge by local health and safety authorities. It is also crucial to trainyour visitor and cus- tomer-facing employees on how to politely request them to wear amask. For example, consider something like, “Our policy is to require all visitors to wear a mask. May I provide one to you?” If the guest refuses, communicate a clear procedure to your em- ployees for howto address this unfortunate situation (Step Five provides suggestions). S tep Four: Reasonably Accom- modate Visitors If They Have a Medical Condition Visitors may refuse to wear a mask by claiming they have an underlying health condition that prevents them from doing so. Although an individual may have a  FIVE-STEP ACTION PLAN — continued from page 14 condition that makes it difficult to wear a mask (e.g., a pulmonary condition), it is highly unlikely the person is carrying a doctor’s note to that effect. Further, some state public health orders prohibit you from requiring medical documentation when this type of exemption is claimed. For these reasons, it is best not to require documentation from a visitor to support their request. Even though you may have a policy or are subject to a state-ordered obligation to require facemasks, you may also have an obligation to accommodate the indi- vidual if doing so is possible. Instead of engaging in discussion with the customer or guest about whether they are exempt from your rule, consider whether you can offer an accommodation that would allow them to either access your business or your products/services. Some examples could include curbside service, online shopping for products, or by letting them know they can enter your business at another time. You could also look into other alternatives that would not inhibit breathing, such as requiring your guests to wear a full, clear face shield. However, it is important to recognize that accommodation recommendations are based on highly fact-specific analyses that need to take into account the medical condition of the guest, the type of busi- ness you are conducting, and any specific state or local laws that present additional requirements (or punish offending busi- nesses with stiff monetary penalties). You will want to coordinate with legal counsel for clarity regarding general or specific situations that may arise at your place of business. What if a visitor doesn't say they have a medical issue but instead presents a card or literature indicating that masks are unsafe? Social or political objections do not allow customers to refuse to wear masks. However, rather than engage in confrontations, it is best to remind a visi- tor of your rule and offer alternatives for how to access your business.