Excerpted from Lexology by Littler Mendelson PC

Between June 17 and June 19, 2020, four counties in Texas issued orders mandating that businesses develop and implement a “Health and Safety Policy” that requires all employees or visitors to wear face coverings in areas or while performing activities where six feet of separation between co-workers or the public is not feasible. The Health and Safety Policy must also include the implementation of other mitigating measures designed to control or reduce the transmission of COVID-19 such as temperature checks or health screenings. Businesses are required to post their Health and Safety Policy in a conspicuous location sufficient to provide notice to employees and visitors of all health and safety requirements.

These county orders are being issued because, according to the issuing authorities, the transmission of COVID-19 has not dissipated in Texas and remains a significant health and safety threat resulting in increased infection rates, hospitalizations, ICU patients, and ventilator usage. Trade groups and other organizations are pressing Texas Governor Greg Abbott to issue a statewide mask order to avoid having a patchwork of local or county orders. So far, the Governor has not done so, nor indicated that he intends to do so.
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