Wearing a facemask at workplaces

Confronted with the resurgence of Covid-19 cases, the government has published a health protocol, applicable as of September 1st, 2020, which systematizes the permanent wearing of a facemask in enclosed and shared workspaces (open spaces, meeting rooms, corridors, changing rooms...).

Here are the answers to frequently raised questions by this obligation.

Are there any exemptions to the obligation to wear a facemask?

An employee who works alone in an office is exempted from wearing a facemask, except when at least two people meet there. In addition, in workshops, employees are not obliged to wear a facemask if the following four conditions are met: the workshop is well ventilated, the number of people therein is limited, employees wear visors, and the greatest possible social distancing is respected. For outdoor work, wearing a facemask is required where people form a gathering, or it is impossible to keep a distance of one meter between people.

Do I have to inform my employees?

You must write a memo detailing the rules related to wearing a facemask and the accommodations and/or exemptions applicable within the premises of your company. This memo must be posted and brought to the attention of employees and forwarded to the social and economic committee within the company.

Can I sanction an employee who refuses to wear a facemask?

You can sanction an employee who refuses to wear a facemask for no legitimate reason (medical reason, for example). However, this disciplinary measure must be proportionate to the violation committed (first time or reoffending, for example).

Are there any adjustments to the permanent wearing of a facemask?

When permanent wearing of a facemask is mandatory, your employees may be allowed to remove it temporarily during the day. This authorization is subject to the restrictions to be stated in the company’s protocol. They may change according to the intensity of the virus’s circulation in your department (division of local government). You are in a low circulation area if the incidence rate is less or equal to 10 per 100,000 inhabitants, a moderate circulation area if the incidence rate is between 11 to 50 per 100,000 inhabitants or an active circulation area if the incidence rate is above 50 per 100,000 inhabitants.

Who supplies the facemasks?

It is your responsibility, as an employer, to provide your employees with “mainstream model” facemasks, washable or disposable, in sufficient quantities.