Late on Friday, July 17, 2020, in response to the ongoing COVID-19 pandemic and recent surge in local infections and related hospitalizations, the City Council for Oklahoma City passed an emergency ordinance mandating the use of face coverings in indoor public spaces. Effective immediately, the ordinance remains in place through 12:00 a.m. on September 8 (based on expressed concerns about an additional surge associated with gatherings over the Labor Day holiday weekend).

What is a Face Covering?

The ordinance defines the required face covering as “a uniform piece of material that securely covers a person’s nose and mouth and remains affixed in one place without the use of one’s hands” or a face shield.

Face coverings may be of the disposable or non-disposable variety. The public is encouraged to wear face coverings that (a) fit snugly but comfortably against the side of the face, (b) are secured, and (c) allow for breathing without restrictions.

Where are Face Coverings Required?

All persons must wear face coverings when entering and while inside any indoor place open to the public within the limits of Oklahoma City. Face coverings are not required in outdoor areas.

If your business is not inside Oklahoma City limits, the emergency ordinance does not apply to you. Of course, be mindful of any similar ordinances or proclamations which may apply to your location.

Are there Any Exceptions?

Yes. While Oklahoma City employers should assume that their indoor locations and employees are covered, there are 10 stated exceptions to the face covering requirement. Face coverings are not required:

1. of children under 11 years of age (unless required by a school or daycare that they wear a face covering);
2. of those working in a professional office who do not have any face-to-face interactions with the public;
3. of restaurant patrons while they are eating or drinking;
4. when it is not practical or feasible to wear a face covering (such as when receiving dental services or certain medical treatments);
5. when individuals are engaged in competitive sporting activities (whether professional, amateur, or merely for recreational purposes);
6. when persons are engaged in cardio exercise, though they should still make a reasonable effort to practice social distancing from others not in their household;
7. inside any federal, state, or county government building or other facility;
8. inside any public or private school building or other facility (unless required by the school to wear a face covering);
9. of those attending any indoor religious service or ceremony, as long as all persons who do not live in the same household are social distancing from one another (at least six feet apart); and
10. of individuals with a developmental disability, including those who are deaf or hard of hearing.

Many of the above exceptions would not apply to the majority of employers. A reminder that the mandate only applies to indoor spaces open to the public. While private homes would not typically be included, they could if, for example, a hair salon or bookkeeping business was run out of part of the home.

Are there Penalties for Not Wearing a Face Covering?

Yes. Oklahoma City has put criminal penalties in place. For the first infraction, officers and inspectors will offer the individual a face covering or the option of leaving the indoor space. No citation will be issued if the person complies with either one of those options. If the individual refuses, however, a citable violation will occur. The penalty for conviction of a first or second offense shall not exceed a fine of $9 (per offense). A third or subsequent violation will require a mandatory court appearance and, if convicted, a monetary penalty not exceeding $100 (inclusive of costs and state-mandated fees).

BUT, there is a defense to any violation if the individual produces a document from their physician verifying that wearing a face covering could cause their impairment or would constitute a hazard to that individual. If such documentation is provided, no violation will have occurred.

What Should Oklahoma City Employers Do?

The duration (for now) is relatively short, but the mandate exists. Oklahoma City employers must ensure that their employees comply in all applicable areas. If you do not have a face covering policy in place, you need one. If you already have one, you need to review it to ensure it complies with this new ordinance.

Remember that when dealing with employees and medical issues (including those that prevent or exempt them from wearing a face covering), employers should treat all such information as confidential medical information and protect it accordingly. Additionally, employers may be required to consider requests for reasonable accommodations under the Americans with Disabilities Act.

If you want to read more, Oklahoma City has some FAQs here. Plus, the City has posted a shared drive where you can download various signs to post at your place of business to advise employees and patrons that the “OKC ordinance requires everyone to wear a mask.”

By Rebecca D. Bullard, rbullard@dsda.com