FMI Memorandum on Requiring Masks In-Store

Many state and local face covering orders differ in how they approach enforcement, exceptions, etc. causing some confusion.  Although it is important to understand the jurisdiction applicable to your store, we also wanted to prepare a resource to help remind members of how these interact with Federal Americans with Disabilities Act (ADA) requirements.  As such, we have worked with Ogletree Deakins to prepare the linked memorandum as a reference for you.  Please let us know if you have questions, or if there are aspects of the mask issue you would like us to examine further.

Guidance for Grocers: Face Coverings and the ADA

External Resource: AARP Guide to State Face Mask Mandates

Guidance on Face Shields

Both OSHA and the CDC recommend that all workers wear a cloth face mask for source control.  To best protect public health, and to follow the scientific advice, we recommend following this guidance.  Understandably, both CDC and OSHA have noted exceptions to the cloth face covering recommendation - such as the use of face shields in certain instances. However, it is important to understand that these exceptions are not desirable for source control, and consequently, should not be widely used and used only in the rare circumstance of medical necessity or specific hazardous situations.  Even though face shields “can help” it is noted that they might not be beneficial for source control, and thus widespread adoption of face shields as a cloth face covering alternative may be counter to CDC recommendations

Face Mask Public Awareness Campaigns

Several states and/or state associations are running PSA campaigns to encourage safe shopping and the wearing of face coverings. See below for more information: