Denise Merna Dadika, Member of the Firm in the Employment, Labor & Workforce Management practice, in the firm’s Newark office, was quoted in Part B News, in “Great Unmasking? Some Practices Ease on Masks, but Experts Urge Caution,” by Roy Edroso. (Read the full version – subscription required.)
Following is an excerpt:
After two-plus years of COVID, mask compliance appears to be weakening, even in medical practices. Experts suggest you keep an eye on regulations and weigh the specifics of your setting and patient preferences to determine your best options. …
Who’s in charge here?
While the CDC guidance doesn’t have the force of law or regulation, it is often used a baseline for other agencies. Denise Merna Dadika, an attorney with Epstein Becker Green in Newark, N.J., points out that there are other government instruments that apply to medical practice mask usage, and some refer to CDC guidance.
For example, the Occupational Health and Safety Administration (OSHA) “has the authority to take action against employers for having an unsafe workplace, an authority the CDC does not have,” Dadika says. “This is under the general duty clause in the [Occupational] Safety and Health] Act, which says all employers have to provide a work environment free from recognized hazards that cause or are likely to cause death or serious physical harm.” …
Dadika recommends that health care providers continue to follow OSHA standards — and also check their state laws, which may be at least as strict.
“The scope and application of the state laws vary,” Dadika says. “Employers should carefully review any applicable laws before relaxing mask requirements.”
