As of August 5, 2021, the following counties are designated as having a Substantial COVID Transmission Rate:

• Philadelphia County
• Delaware County
• Montgomery County

As explained in the previous blog, the CDC recommends that fully vaccinated individuals wear a mask indoors in areas that have a substantial or high transmission rate. Prudent employers should monitor the COVID Transmission Rate in the counties where they do business. In addition to the CDC guidance, businesses must also monitor and abide by any county-level COVID guidance.

• Philadelphia County. Philadelphia County is not mandating indoor masks; however, the City is, “strongly recommending that everyone wear a mask while indoors in places where you do not know that everyone is vaccinated.” Philly Employers have a choice when it comes to in-person work:
  • Follow the CDC Guidance: Businesses can follow the CDC Guidance (explained above) and require masks of all employees and patrons.
  • Follow the Philly Guidance: Businesses can require all employees to wear a mask unless it has documentation that all of their employees are fully-vaccinated. Strict adherence to this guidance requires that employers obtain proof of vaccination. Remember, employers can request proof of vaccination from employees.
• Montgomery County. On July 29, 2021, the county released a mask guidance that is aligned with the CDC standard https://www.offitkurman.com/blog/2021/07/28/cdc-issues-updated-guidance-for-fully-vaccinated-individuals/. Employers doing business in Montgomery County must abide by this Guidance.
• Delaware County. As of the date of this blog, there are no local mask guidance for Delaware County. It is worth noting that while Pennsylvania does not have a mask mandate, the Commonwealth recommends that Pennsylvanians follow the CDC Guidance.

As we know, regardless of local guidance, businesses are required to provide a workplace “free from recognized hazards.” OSHA identifies COVID as a hazard.

Businesses must continue to monitor CDC Guidance, state guidance and local (municipality level) guidance as it relates to COVID safety measures. The aforementioned bodies of guidance make up the employers’ standard of care when it comes to employee safety.