As we have reported previously, on April 10, 2023 President Biden signed legislation ending the COVID-19 National Emergency. However, the rollback of COVID-19 requirements was already underway in many state and municipal legislatures, with some requirements having previously been repealed or with others scheduled to (or already having) sunset. With this transition, employers are now taking inventory on which COVID-19 requirements remain in effect and what considerations to keep in mind looking ahead.
The State of COVID-19 Workplace Requirements
Masking
Most states have lifted indoor masking requirements, though certain requirements may remain in effect in certain settings, such as health care facilities. However, some states do maintain masking requirements under certain conditions. For example, Washington state requires that employers ensure workers wear appropriate, fit-tested, and NIOSH-approved respirators, if they are required to provide care or work near someone known or suspected to have COVID-19, or if they are otherwise required to do so under their state required COVID-19 “hazard assessment.” Employers who are no longer required to maintain masking requirements for employees can evaluate whether they want to maintain such policies going forward or eliminate or modify such policies (such as by shifting to “masking preferred” or “masking optional” standards).
Testing
Most jurisdictions that previously required unvaccinated individuals to submit to weekly testing...
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