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.”

Jump to Page

Privacy Preference Center

When you visit any website, it may store or retrieve information on your browser, mostly in the form of cookies. This information might be about you, your preferences or your device and is mostly used to make the site work as you expect it to. The information does not usually directly identify you, but it can give you a more personalized web experience. Because we respect your right to privacy, you can choose not to allow some types of cookies. Click on the different category headings to find out more and change our default settings. However, blocking some types of cookies may impact your experience of the site and the services we are able to offer.

Strictly Necessary Cookies

These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.

Performance Cookies

These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.