Pub. 8 2019-2020 Issue 4

18 San Diego Dealer A s an increasing number of businesses begin to require face coverings in their facilities—whether as a result of a local legal mandate or in the interest of public safety — there has been a corresponding increase in the number of well-publicized reports of customers and guests reacting in a belligerent, hostile or even violent manner after being asked to comply withmask rules. What should your business do to minimize the chances of such an incident occurring in your workplace, and what should you do if an anti-mask guest disrupts your business? Here is a five-step plan to address this unfortunate part of our new reality. Step One: Understand That You Are Permitted to Require Employees and Visitors to Wear Cloth Face Coverings or Masks Whilemany jurisdictions already require that businesses have their employ- ees and any members of the public who enter their facilities wear masks, youmay be wonderingwhether you can requiremasks if your jurisdiction does not have such a mandate in place. The answer is simple. As a private business, you can decide whether you allow customers or visitors onto your property if they are not wearing a mask. This is similar to the “no shirt, no shoes, no service” policy that you commonly see at businesses. The Centers for Disease Control and Prevention (CDC) and World Health Organization (WHO) recommend the use of face masks or cloth face coverings as part of a comprehensive plan to help slow the spread of COVID-19. Face masks should be worn when employees or visitors will interact with other people. They are not the only method, but they are one of the strategies recommended by experts to slow the spread of COVI D-19. HOW SHOULD YOUR BUSINESS HANDLE ANTI-MASK GUESTS? A 5-STEP ACTION PLAN CDC guidance provides several exemptions indicating who should not wearmasks: “Cloth face coverings should not be placed on young children younger than two years of age, anyone who has trouble breathing, or is unconscious, incapacitated or otherwise unable to remove the cover without assistance.” And although you may have a policy or be subject to a state or local obligation to require facemasks, you may also have an obligation to accommodate the individual if doing so is possible. Taking a few precautions, as outlined below, will allow you to refuse entry to customers without masks. Step Two: Be Proactive With Your Mask Policy Providing notice to customers, visitors, and guests of your mask require- ment prior to their arrival at your business can help reduce confusion and prevent an uncomfortable situation. Personal service providers (such as spas and salons) and hospitality businesses (such as hotels and restaurants) should provide notice of your policy when confirming reservations. A simple message to visitors and guests is best, not only confirming the reservation but highlighting your efforts to keep themand your staff safe by sharing your social distancing and mask requirements. Posting notices on your public-facing website, apps, and social media platforms to notify visitors of your policy is recommended; you can also use emails or texts as additional communication tools. You should post conspicuous signs in prominent places at your entrances. The notices should include a statement that you have the right to refuse entry or service to anyone not complying with the requirement, particularly where required by local law. Many jurisdictions, in fact, already require such signage. Consider having a staff member stationed at the entrance to remind guests of your requirement. Many businesses, such as retailers, hotels and restaurants, have taken their policy a step further to offer 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. Step Three: Train Your Staff Your staff will be more likely to effectively 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 and local government require- ments, so they understand what is required and what is not. Additionally,