New York’s Mask Mandate Ends Wednesday for Fully Vaccinated People - What Dealers Need to Know

A short while ago, Gov. Andrew Cuomo announced that, starting this Wednesday, May 19, 2021, vaccinated people will no longer need to wear masks in nearly every setting, including automotive dealerships. The only exceptions include those riding public transit, those in schools, and in some communal settings. 

The Governor also said that unvaccinated people should continue to wear a mask. Private venues and employers, including of course, car dealerships may continue to require masks if they choose to do so. 

What should dealers do now?
Knowing that all your employees will want to ditch masks in the workplace means that dealers will need to determine whether to drop their own facemask policies in the workplace.  As an employer, dealers must provide a workplace that is safe and free from recognized hazards (COVID-19 is a known hazard).

Dealers may wish to inform all employees that those who are fully vaccinated are free to work without a mask.  It is still recommended; however, social distancing be observed when dealing with unvaccinated co-workers (who should of course continue to wear masks).  

Can you ask if employees are vaccinated?
Yes, BUT.  The EEOC says it is permissible to ask for a simple “yes” or “no” when inquiring about whether an employee has been vaccinated.  If you ask additional questions, such as whether the employee had any side effects, you may learn about an employee’s need for reasonable accommodations relating to a disability.  If you ask why an employee has not been vaccinated, you may obtain medical information.  

Dealers can avoid triggering additional obligations by simply requiring a yes or no response to the question about whether an employee has been vaccinated.

What about OSHA?
OSHA has announced that it will, pending further review, go along with the CDC Guidance.  In other words, OSHA will, like the CDC, permit fully vaccinated individuals to go without a mask in the workplace. 

As announced previously by GNYADA, the state’s indoor capacity restrictions for dealerships will also end Wednesday. 

GNYADA continues to monitor the state’s COVID-related announcements as they pertain to dealers and will update you as soon as any other changes occur.