NV OSHA Issues Updated Guidance On Face Coverings

Yesterday, Nevada’s Occupational Safety and Health Administration (NV OSHA) issued a revised Guidance addressing the Governor’s face covering mandate, Directive 24. The new Guidance repeats the Guidance issued by NV OSHA on June 26 but now addresses face shields.

NV OSHA’s revised Guidance clearly states that it does not recognize face shields “as an alternative to or as an effective ‘face covering.’ The face covering must effectively control the breathing zone and restrain any expelled or exhaled water droplets within the covering.” NV OSHA states that members of the public who require a medical exemption to the face covering mandate may use a face shield as an alternative, but its Guidance does not permit face shields for employees.

We appreciate NV OSHA’s clarification on this important point. As we discussed in June, employers should engage in the interactive process with any employee who cannot wear a face covering due to a medical condition or disability. Given NV OSHA’s current position, face shields should not be considered a reasonable accommodation for employees in Nevada.

As always, KZA attorneys are available to help with your ADA accommodation issues or other questions about this new Guidance.

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