| 1 | | - | Amended IN Assembly March 10, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 596Introduced by Assembly Member McKinnorFebruary 13, 2025An act to add Section 6403.7 to the Labor Code, relating to occupational safety.LEGISLATIVE COUNSEL'S DIGESTAB 596, as amended, McKinnor. Occupational safety: face coverings.Existing law established and requires the Division of Occupational Safety and Health within the Department of Industrial Relations to enforce all occupational safety and health standards, as specified. Existing law establishes the Occupational Safety and Health Standards Board within the department to promulgate and enforce occupational safety and health standards for the state. A violation of these standards and regulations under specific circumstances is a crime.Until February 3, 2025, existing regulations promulgated by the board, in all areas of employment except as specified, prohibit an employer from preventing any employee from wearing a face covering, including a respirator, as specified, unless it would create a safety hazard. Existing regulations define various terms for purposes of this prohibition.This bill would codify the regulations adopted by the board to prohibit an employer from preventing any employee from wearing a face covering, including a respirator, unless it would create a safety hazard, and would apply the bills provisions to all places of employment, except as specified, including work locations with one employee who does not have contact with other persons. hazard. Consistent with the above-referenced regulations, the bill would define terms for purposes of these provisions.Because a violation of the above-described prohibition constitutes a crime, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 6403.7 is added to the Labor Code, immediately following Section 6403.5, to read:6403.7. (a) For purposes of this section, the following definitions apply:(1) Face covering means a surgical mask, a medical procedure mask, a respirator worn voluntarily, or a tightly woven fabric or nonwoven material of at least two layers that completely covers the nose and mouth and is secured to the head with ties, ear loops, or elastic bands that go behind the head. If gaiters are worn, they shall have two layers of fabric or be folded to make two layers. A face covering is a solid piece of material without slits, visible holes, or punctures that fits snugly over the nose, mouth, and chin with no large gaps on the outside of the face.(A) Face covering includes clear face coverings or cloth face coverings with a clear plastic panel that otherwise meet this definition and which may be used to facilitate communication with people who are deaf or hard of hearing or others who need to see a speakers mouth or facial expressions to understand speech or sign language respectively.(B) Face covering does not include a scarf, ski mask, balaclava, bandana, turtleneck, collar, or single layer of fabric.(2) Respirator means a respiratory protection device approved by the National Institute for Occupational Safety and Health to protect the wearer from particulate matter, including, but not limited to, an N95 filtering facepiece respirator.(b) (1)An employer shall not prevent any employee from wearing a face covering, including a respirator, unless it would create a safety hazard.(2)This subdivision shall apply to all places of employment, except for the following:(A)Work locations with one employee who does not have contact with other persons.(B)Employees working from home.(C)Employees with occupational exposure as defined by Section 5199 of Title 8 of the California Code of Regulations, when covered by that section.(D)Employees teleworking from a location of the employees choice, which is not under the control of the employer.(c) This section shall not limit more protective or stringent local health department orders or guidance.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
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| 1 | + | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 596Introduced by Assembly Member McKinnorFebruary 13, 2025 An act to add Section 6403.7 to the Labor Code, relating to occupational safety.LEGISLATIVE COUNSEL'S DIGESTAB 596, as introduced, McKinnor. Occupational safety: face coverings.Existing law established and requires the Division of Occupational Safety and Health within the Department of Industrial Relations to enforce all occupational safety and health standards, as specified. Existing law establishes the Occupational Safety and Health Standards Board within the department to promulgate and enforce occupational safety and health standards for the state. A violation of these standards and regulations under specific circumstances is a crime.Until February 3, 2025, existing regulations promulgated by the board, in all areas of employment except as specified, prohibit an employer from preventing any employee from wearing a face covering, including a respirator, as specified, unless it would create a safety hazard. Existing regulations define various terms for purposes of this prohibition.This bill would codify the regulations adopted by the board to prohibit an employer from preventing any employee from wearing a face covering, including a respirator, unless it would create a safety hazard, and would apply the bills provisions to all places of employment, except as specified, including work locations with one employee who does not have contact with other persons. Consistent with the above-referenced regulations, the bill would define terms for purposes of these provisions.Because a violation of the above-described prohibition constitutes a crime, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 6403.7 is added to the Labor Code, immediately following Section 6403.5, to read:6403.7. (a) For purposes of this section, the following definitions apply:(1) Face covering means a surgical mask, a medical procedure mask, a respirator worn voluntarily, or a tightly woven fabric or nonwoven material of at least two layers that completely covers the nose and mouth and is secured to the head with ties, ear loops, or elastic bands that go behind the head. If gaiters are worn, they shall have two layers of fabric or be folded to make two layers. A face covering is a solid piece of material without slits, visible holes, or punctures that fits snugly over the nose, mouth, and chin with no large gaps on the outside of the face.(A) Face covering includes clear face coverings or cloth face coverings with a clear plastic panel that otherwise meet this definition and which may be used to facilitate communication with people who are deaf or hard of hearing or others who need to see a speakers mouth or facial expressions to understand speech or sign language respectively.(B) Face covering does not include a scarf, ski mask, balaclava, bandana, turtleneck, collar, or single layer of fabric.(2) Respirator means a respiratory protection device approved by the National Institute for Occupational Safety and Health to protect the wearer from particulate matter, including, but not limited to, an N95 filtering facepiece respirator.(b) (1) An employer shall not prevent any employee from wearing a face covering, including a respirator, unless it would create a safety hazard.(2) This subdivision shall apply to all places of employment, except for the following:(A) Work locations with one employee who does not have contact with other persons.(B) Employees working from home.(C) Employees with occupational exposure as defined by Section 5199 of Title 8 of the California Code of Regulations, when covered by that section.(D) Employees teleworking from a location of the employees choice, which is not under the control of the employer.(c) This section shall not limit more protective or stringent local health department orders or guidance.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
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| 3 | | - | Amended IN Assembly March 10, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 596Introduced by Assembly Member McKinnorFebruary 13, 2025An act to add Section 6403.7 to the Labor Code, relating to occupational safety.LEGISLATIVE COUNSEL'S DIGESTAB 596, as amended, McKinnor. Occupational safety: face coverings.Existing law established and requires the Division of Occupational Safety and Health within the Department of Industrial Relations to enforce all occupational safety and health standards, as specified. Existing law establishes the Occupational Safety and Health Standards Board within the department to promulgate and enforce occupational safety and health standards for the state. A violation of these standards and regulations under specific circumstances is a crime.Until February 3, 2025, existing regulations promulgated by the board, in all areas of employment except as specified, prohibit an employer from preventing any employee from wearing a face covering, including a respirator, as specified, unless it would create a safety hazard. Existing regulations define various terms for purposes of this prohibition.This bill would codify the regulations adopted by the board to prohibit an employer from preventing any employee from wearing a face covering, including a respirator, unless it would create a safety hazard, and would apply the bills provisions to all places of employment, except as specified, including work locations with one employee who does not have contact with other persons. hazard. Consistent with the above-referenced regulations, the bill would define terms for purposes of these provisions.Because a violation of the above-described prohibition constitutes a crime, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES |
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| 3 | + | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 596Introduced by Assembly Member McKinnorFebruary 13, 2025 An act to add Section 6403.7 to the Labor Code, relating to occupational safety.LEGISLATIVE COUNSEL'S DIGESTAB 596, as introduced, McKinnor. Occupational safety: face coverings.Existing law established and requires the Division of Occupational Safety and Health within the Department of Industrial Relations to enforce all occupational safety and health standards, as specified. Existing law establishes the Occupational Safety and Health Standards Board within the department to promulgate and enforce occupational safety and health standards for the state. A violation of these standards and regulations under specific circumstances is a crime.Until February 3, 2025, existing regulations promulgated by the board, in all areas of employment except as specified, prohibit an employer from preventing any employee from wearing a face covering, including a respirator, as specified, unless it would create a safety hazard. Existing regulations define various terms for purposes of this prohibition.This bill would codify the regulations adopted by the board to prohibit an employer from preventing any employee from wearing a face covering, including a respirator, unless it would create a safety hazard, and would apply the bills provisions to all places of employment, except as specified, including work locations with one employee who does not have contact with other persons. Consistent with the above-referenced regulations, the bill would define terms for purposes of these provisions.Because a violation of the above-described prohibition constitutes a crime, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES |
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| 35 | 35 | | |
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| 36 | 36 | | Because a violation of the above-described prohibition constitutes a crime, this bill would impose a state-mandated local program. |
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| 37 | 37 | | |
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| 38 | 38 | | The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. |
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| 39 | 39 | | |
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| 40 | 40 | | This bill would provide that no reimbursement is required by this act for a specified reason. |
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| 41 | 41 | | |
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| 42 | 42 | | ## Digest Key |
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| 43 | 43 | | |
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| 44 | 44 | | ## Bill Text |
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| 45 | 45 | | |
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| 46 | 46 | | The people of the State of California do enact as follows:SECTION 1. Section 6403.7 is added to the Labor Code, immediately following Section 6403.5, to read:6403.7. (a) For purposes of this section, the following definitions apply:(1) Face covering means a surgical mask, a medical procedure mask, a respirator worn voluntarily, or a tightly woven fabric or nonwoven material of at least two layers that completely covers the nose and mouth and is secured to the head with ties, ear loops, or elastic bands that go behind the head. If gaiters are worn, they shall have two layers of fabric or be folded to make two layers. A face covering is a solid piece of material without slits, visible holes, or punctures that fits snugly over the nose, mouth, and chin with no large gaps on the outside of the face.(A) Face covering includes clear face coverings or cloth face coverings with a clear plastic panel that otherwise meet this definition and which may be used to facilitate communication with people who are deaf or hard of hearing or others who need to see a speakers mouth or facial expressions to understand speech or sign language respectively.(B) Face covering does not include a scarf, ski mask, balaclava, bandana, turtleneck, collar, or single layer of fabric.(2) Respirator means a respiratory protection device approved by the National Institute for Occupational Safety and Health to protect the wearer from particulate matter, including, but not limited to, an N95 filtering facepiece respirator.(b) (1) An employer shall not prevent any employee from wearing a face covering, including a respirator, unless it would create a safety hazard.(2) This subdivision shall apply to all places of employment, except for the following:(A) Work locations with one employee who does not have contact with other persons.(B) Employees working from home.(C) Employees with occupational exposure as defined by Section 5199 of Title 8 of the California Code of Regulations, when covered by that section.(D) Employees teleworking from a location of the employees choice, which is not under the control of the employer.(c) This section shall not limit more protective or stringent local health department orders or guidance.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
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| 47 | 47 | | |
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| 48 | 48 | | The people of the State of California do enact as follows: |
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| 49 | 49 | | |
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| 50 | 50 | | ## The people of the State of California do enact as follows: |
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| 51 | 51 | | |
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| 52 | 52 | | SECTION 1. Section 6403.7 is added to the Labor Code, immediately following Section 6403.5, to read:6403.7. (a) For purposes of this section, the following definitions apply:(1) Face covering means a surgical mask, a medical procedure mask, a respirator worn voluntarily, or a tightly woven fabric or nonwoven material of at least two layers that completely covers the nose and mouth and is secured to the head with ties, ear loops, or elastic bands that go behind the head. If gaiters are worn, they shall have two layers of fabric or be folded to make two layers. A face covering is a solid piece of material without slits, visible holes, or punctures that fits snugly over the nose, mouth, and chin with no large gaps on the outside of the face.(A) Face covering includes clear face coverings or cloth face coverings with a clear plastic panel that otherwise meet this definition and which may be used to facilitate communication with people who are deaf or hard of hearing or others who need to see a speakers mouth or facial expressions to understand speech or sign language respectively.(B) Face covering does not include a scarf, ski mask, balaclava, bandana, turtleneck, collar, or single layer of fabric.(2) Respirator means a respiratory protection device approved by the National Institute for Occupational Safety and Health to protect the wearer from particulate matter, including, but not limited to, an N95 filtering facepiece respirator.(b) (1) An employer shall not prevent any employee from wearing a face covering, including a respirator, unless it would create a safety hazard.(2) This subdivision shall apply to all places of employment, except for the following:(A) Work locations with one employee who does not have contact with other persons.(B) Employees working from home.(C) Employees with occupational exposure as defined by Section 5199 of Title 8 of the California Code of Regulations, when covered by that section.(D) Employees teleworking from a location of the employees choice, which is not under the control of the employer.(c) This section shall not limit more protective or stringent local health department orders or guidance. |
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| 53 | 53 | | |
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| 54 | 54 | | SECTION 1. Section 6403.7 is added to the Labor Code, immediately following Section 6403.5, to read: |
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| 55 | 55 | | |
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| 56 | 56 | | ### SECTION 1. |
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| 57 | 57 | | |
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| 58 | 58 | | 6403.7. (a) For purposes of this section, the following definitions apply:(1) Face covering means a surgical mask, a medical procedure mask, a respirator worn voluntarily, or a tightly woven fabric or nonwoven material of at least two layers that completely covers the nose and mouth and is secured to the head with ties, ear loops, or elastic bands that go behind the head. If gaiters are worn, they shall have two layers of fabric or be folded to make two layers. A face covering is a solid piece of material without slits, visible holes, or punctures that fits snugly over the nose, mouth, and chin with no large gaps on the outside of the face.(A) Face covering includes clear face coverings or cloth face coverings with a clear plastic panel that otherwise meet this definition and which may be used to facilitate communication with people who are deaf or hard of hearing or others who need to see a speakers mouth or facial expressions to understand speech or sign language respectively.(B) Face covering does not include a scarf, ski mask, balaclava, bandana, turtleneck, collar, or single layer of fabric.(2) Respirator means a respiratory protection device approved by the National Institute for Occupational Safety and Health to protect the wearer from particulate matter, including, but not limited to, an N95 filtering facepiece respirator.(b) (1) An employer shall not prevent any employee from wearing a face covering, including a respirator, unless it would create a safety hazard.(2) This subdivision shall apply to all places of employment, except for the following:(A) Work locations with one employee who does not have contact with other persons.(B) Employees working from home.(C) Employees with occupational exposure as defined by Section 5199 of Title 8 of the California Code of Regulations, when covered by that section.(D) Employees teleworking from a location of the employees choice, which is not under the control of the employer.(c) This section shall not limit more protective or stringent local health department orders or guidance. |
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| 59 | 59 | | |
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| 60 | 60 | | 6403.7. (a) For purposes of this section, the following definitions apply:(1) Face covering means a surgical mask, a medical procedure mask, a respirator worn voluntarily, or a tightly woven fabric or nonwoven material of at least two layers that completely covers the nose and mouth and is secured to the head with ties, ear loops, or elastic bands that go behind the head. If gaiters are worn, they shall have two layers of fabric or be folded to make two layers. A face covering is a solid piece of material without slits, visible holes, or punctures that fits snugly over the nose, mouth, and chin with no large gaps on the outside of the face.(A) Face covering includes clear face coverings or cloth face coverings with a clear plastic panel that otherwise meet this definition and which may be used to facilitate communication with people who are deaf or hard of hearing or others who need to see a speakers mouth or facial expressions to understand speech or sign language respectively.(B) Face covering does not include a scarf, ski mask, balaclava, bandana, turtleneck, collar, or single layer of fabric.(2) Respirator means a respiratory protection device approved by the National Institute for Occupational Safety and Health to protect the wearer from particulate matter, including, but not limited to, an N95 filtering facepiece respirator.(b) (1) An employer shall not prevent any employee from wearing a face covering, including a respirator, unless it would create a safety hazard.(2) This subdivision shall apply to all places of employment, except for the following:(A) Work locations with one employee who does not have contact with other persons.(B) Employees working from home.(C) Employees with occupational exposure as defined by Section 5199 of Title 8 of the California Code of Regulations, when covered by that section.(D) Employees teleworking from a location of the employees choice, which is not under the control of the employer.(c) This section shall not limit more protective or stringent local health department orders or guidance. |
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| 61 | 61 | | |
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| 62 | 62 | | 6403.7. (a) For purposes of this section, the following definitions apply:(1) Face covering means a surgical mask, a medical procedure mask, a respirator worn voluntarily, or a tightly woven fabric or nonwoven material of at least two layers that completely covers the nose and mouth and is secured to the head with ties, ear loops, or elastic bands that go behind the head. If gaiters are worn, they shall have two layers of fabric or be folded to make two layers. A face covering is a solid piece of material without slits, visible holes, or punctures that fits snugly over the nose, mouth, and chin with no large gaps on the outside of the face.(A) Face covering includes clear face coverings or cloth face coverings with a clear plastic panel that otherwise meet this definition and which may be used to facilitate communication with people who are deaf or hard of hearing or others who need to see a speakers mouth or facial expressions to understand speech or sign language respectively.(B) Face covering does not include a scarf, ski mask, balaclava, bandana, turtleneck, collar, or single layer of fabric.(2) Respirator means a respiratory protection device approved by the National Institute for Occupational Safety and Health to protect the wearer from particulate matter, including, but not limited to, an N95 filtering facepiece respirator.(b) (1) An employer shall not prevent any employee from wearing a face covering, including a respirator, unless it would create a safety hazard.(2) This subdivision shall apply to all places of employment, except for the following:(A) Work locations with one employee who does not have contact with other persons.(B) Employees working from home.(C) Employees with occupational exposure as defined by Section 5199 of Title 8 of the California Code of Regulations, when covered by that section.(D) Employees teleworking from a location of the employees choice, which is not under the control of the employer.(c) This section shall not limit more protective or stringent local health department orders or guidance. |
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| 63 | 63 | | |
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| 64 | 64 | | |
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| 65 | 65 | | |
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| 66 | 66 | | 6403.7. (a) For purposes of this section, the following definitions apply: |
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| 67 | 67 | | |
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| 68 | 68 | | (1) Face covering means a surgical mask, a medical procedure mask, a respirator worn voluntarily, or a tightly woven fabric or nonwoven material of at least two layers that completely covers the nose and mouth and is secured to the head with ties, ear loops, or elastic bands that go behind the head. If gaiters are worn, they shall have two layers of fabric or be folded to make two layers. A face covering is a solid piece of material without slits, visible holes, or punctures that fits snugly over the nose, mouth, and chin with no large gaps on the outside of the face. |
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| 69 | 69 | | |
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| 70 | 70 | | (A) Face covering includes clear face coverings or cloth face coverings with a clear plastic panel that otherwise meet this definition and which may be used to facilitate communication with people who are deaf or hard of hearing or others who need to see a speakers mouth or facial expressions to understand speech or sign language respectively. |
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| 71 | 71 | | |
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| 72 | 72 | | (B) Face covering does not include a scarf, ski mask, balaclava, bandana, turtleneck, collar, or single layer of fabric. |
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| 73 | 73 | | |
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| 74 | 74 | | (2) Respirator means a respiratory protection device approved by the National Institute for Occupational Safety and Health to protect the wearer from particulate matter, including, but not limited to, an N95 filtering facepiece respirator. |
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| 75 | 75 | | |
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| 76 | 76 | | (b) (1) An employer shall not prevent any employee from wearing a face covering, including a respirator, unless it would create a safety hazard. |
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| 77 | 77 | | |
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| 78 | 78 | | (2) This subdivision shall apply to all places of employment, except for the following: |
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| 79 | 79 | | |
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