Executive Order Mandates Supplying Protective Masks

Governor Cuomo’s Executive Order 202.16 is available here.  The key provision for business, is the requirement that “face coverings” be worn by employees working at essential businesses who have direct contact with customers or the general public, effective Wednesday, April 15 at 8 pm.

For all essential businesses or entities, any employees who are present in the workplace shall be provided and shall wear face coverings when in direct contact with customers or members of the public. Businesses must provide, at their expense, such face coverings for their employees. This provision may be enforced by local governments or local law enforcement as if it were an order pursuant to section 12 or 12-b of the Public Health Law.  This requirement shall be effective Wednesday, April 15 at 8 p.m.

The Administration has told us that implementation guidance will be issued by the Department of Health later today, but it is unclear how specific such guidance will be.  We provided a number of questions and issues that we recommended be addressed in any updated Executive Order and/or guidance.  We will provide further information as it becomes available.  

Feel free to contact Frank Kerbein (518-527-0656) with any questions or comments.