There is an obligation to cover your nose and mouth in work establishments, albeit at the employer’s discretion | PRO HR April 2021

2021.04.08

According to the newest regulation on introducing certain restrictions, orders and bans in connection with the epidemic in a room in a work establishment in which there is more than 1 person, it is an order to cover your nose and mouth with a mask, except when eating a meal.

This order is not applicable solely in strictly defined cases, i.e. to a person who cannot cover his or her nose or mouth on account of the following:

  •  total developmental disorders, mental disorders and moderate, significant or extensive intellectual disability,
  •  difficulties in independently covering or uncovering his or her nose or mouth,
  •  advanced neurological afflictions, or of the respiratory or circulatory system involving respiratory or circulatory failure.

Even though formations such as the police charged with maintaining order can demand that a person produce a pertinent certificate documenting such disorders, difficulties or afflictions impeding that person from covering his or her nose or mouth, the legislator did not contemplate that employers would have this same capacity. Accordingly, employers must in this respect limit themselves to relying on an employee’s declaration, where its contents should precisely correspond to the foregoing exceptions. 

In turn, this regulation does give employers the option of creating their own regulations pertaining to a person’s obligation of covering his or her nose and mouth. This means that employers can treat the above rules more lightly or more stringently, e.g. in case an employee cannot use a mask, an employee may be required to put on a face shield.
 

Find more in the PRO HR April 2021.