Accessibility is absolutely a concern. Many people are making masks with clear inserts to assist with this issue – and all public services staff should be trained to offer written communication to hearing impaired patrons if face shields
are not an option, and/or distancing makes other methods of communication impractical. Whiteboards & markers are easily sanitized for this purpose.
Clare
Clare D. Membiela, MLS, J.D.
Library Law Consultant
Library of Michigan
517-335-8132
The research and resources above are for informational purposes only and not for the purpose of providing legal advice. You should contact your
attorney to obtain advice with respect to any particular issue or problem.
You have the power to shape your future, and the future of all children, by counting everyone in your home in the
2020 Census.
From: lois-sez <lois-sez@lois-sez.com>
Sent: Wednesday, June 17, 2020 5:14 PM
To: Jaema Berman <jberman@tln.lib.mi.us>; Membiela, Clare (MDE) <MembielaC@michigan.gov>
Cc: michlib-l@mail.mcls.org
Subject: Re: [Michlib-l] Face masks vs Face Shields
CAUTION: This is an External email. Please send suspicious emails to
abuse@michigan.gov
This is not intended as a legal opinion, but you also might want to consider A.D.A. requirements. Face masks make speech reading impossible and further muffle sound. My severely
hard of hearing daughter is having a horrible time with people wearing face masks. Hearing-impaired speech understanding is impacted.
|
Lois Sprengnether Keel and blog at
http://www.StorytellingResearchLois.com |
From: "Membiela, Clare (MDE) via Michlib-l" <michlib-l@mcls.org>
Sent: Wednesday, June 17, 2020 4:18 PM
To: "Jaema Berman" <jberman@tln.lib.mi.us>
Cc: "michlib-l@mail.mcls.org" <michlib-l@mail.mcls.org>
Subject: Re: [Michlib-l] Face masks vs Face Shields
Hi Jaema:
Here is the information I have with respect to face shields vs face masks:
So EO 2020-110 section 4(b)(2) EO 2020-115, section 6(b) and EO 2020-114 section 1(f), & (g) all require “face coverings” over “nose and mouth.” EO 2020-110 & EO 2020-115 (for the UP & Upper Mitten) specify “such
as a homemade mask, scarf, bandana, or handkerchief.“
The rules of statutory construction (useful for interpretation of law interpretation) would suggest that if the EOs went to lengths to suggest this, it is these types of masks which are intended by the language.
Therefore, it is likely that EO 2020-110 & EO 2020-115 intend cloth or surgical facemasks.
However, EO 2020-114 does not make any additional commentary on the type of face coverings in section 1(f), but section 1(g) indicates that employees should :
“Require face coverings to be worn when employees cannot consistently maintain six feet of separation from other individuals in the workplace, and
consider face shields when employees cannot consistently maintain three feet of separation from other individuals in the workplace.”
The use of “and” would seem to indicate that face shields should be considered to be
added to masks if the employees cannot remain more than 3’ apart.
Further investigation would lead employers to the MiOSHA guidelines, or the CDC face covering guidelines, both of which discuss cloth or surgical masks.
CDC
https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/diy-cloth-face-coverings.html
MiOSHA -
https://www.michigan.gov/documents/leo/leo_miosha_c19_workplace_guidelines_employer_690397_7.pdf (see slide 18) (the MiOSHA document also refers to the CDC link, above)
Face shields are not discussed in context as a replacement or substitute for the cloth or surgical masks, although they would be “face coverings.”
It is possible that the absence of face shields is likely because of the scarcity of them at the start of the pandemic, and the emphasis on keeping medical-grade PPE available for healthcare personnel and/or those professions at high-risk
(libraries would be ranked as medium risk see MiOSHA/OSHA exposure determination explanation
https://www.michigan.gov/documents/leo/leo_miosha_c19_workplace_guidelines_employer_690397_7.pdf- slide 10).
However, as supplies become more available, and as non-surgical options for face shields become available, they are arguably a viable alternative to cloth or paper masks.( see Journal of the American Medical Association(JAMA) opinion piece
https://jamanetwork.com/journals/jama/fullarticle/2765525?resultClick=1)
So, what does this mean as far as face shields satisfying the requirement for face coverings under the EOs?
So this is complicated.
EO 2020-110 (or EO 2020-115 for regions 6 & 8) mandate face coverings (presumably cloth or paper, given the language) for everyone in all enclosed public spaces. Therefore, arguably, library staff should be adhering to that law in public
spaces.
However. MiOSHA & OSHA require employers to analyze employee work activities and determine the best PPE to protect the employee. This would make it possible for employees to wear face shields, if their employer determines it is the best
choice.
Given the current language, it would seem that face shields
could be an allowable alternative under the requirements of EO 2020-114, and perhaps EO 2020-110 & EO 2020-115 ( shields are “face coverings.”) If you have staff that are medically unable to wear cloth masks, the face shields could also be a substitute/accommodation
as long as the shields extend past the chin and horizontally to the ears.
Additionally, it is possible that staff behind plexiglass barriers could wear face shields in lieu of cloth/paper masks- which would also assist with communication since their mouths would be visible, and the plexiglass barrier presents
an additional layer of protection (as long as staff are not too close to each other behind the barrier).
However, if your concern is whether face shields vs face masks could open the library to liability if a staff person is wearing a shield (given the concerns over transmission from a wearer to another under a face shield) vs a mask (a cloth/paper
mask protects only those around the wearer – the protection to the wearer is limited), it should be noted that both options protect one person vs another (the wearer
or those around them). With regards to liability, it should be noted that there are discussions within OSHA and legal circles that if the employer is following requirements and guidelines in good faith, the liability will likely decrease even if someone
should contract the virus. HOWEVER, this is a question libraries should discuss with their attorneys.
In the end, it is unlikely, given the current climate of enforcement, that any library will be faulted for shields in lieu of masks, and given that both have weaknesses that lessen the protections for those involved (either the wearer
or those around them), but both are reportedly pretty effective if worn in addition to maintaining 6’ for distance, it would seem that the liability risk for both is similar. The important thing is that employers provide the best protection for the work being
done and the protection that will be worn properly.
HOWEVER:
Before making a final determination, libraries should:
- Consult their local health department for advice in this area, and to check if there are any local orders or directives in place that could affect their choice.
- Consult their staff for input. No PPE is useful if it isn’t worn, or worn correctly. It would be possible for libraries to offer both options to staff (assuming either are appropriate
PE for the work task)
- Consult their attorneys on questions of liability – every library’s situation is a bit different.
- Libraries could also contact the MiOSHA hotline at
855-SAFEC19 (855-723-3219) to consult MiOSHA on the requirements.
I hope this is helpful!
Sincerely,
Clare
Clare D. Membiela, MLS, J.D.
Library Law Consultant
Library of Michigan
517-335-8132
The research and resources above are for informational purposes only and not for the purpose of providing legal advice. You should contact your
attorney to obtain advice with respect to any particular issue or problem.
You have the power to shape your future, and the future of all children, by counting everyone in your home in the
2020 Census.
From: Michlib-l <michlib-l-bounces@mcls.org>
On Behalf Of Jaema Berman via Michlib-l
Sent: Wednesday, June 17, 2020 3:16 PM
To: michlib-l <michlib-l@mcls.org>
Subject: [Michlib-l] Face masks vs Face Shields
CAUTION: This is an External email. Please send suspicious emails to
abuse@michigan.gov
Dear Colleagues,
Are face masks and face shields equal? Legally, can we accept staff using one or the other?
Sincerely,
Jaema
Jaema Berman
Library Director
Addison Twp. Public Library
1400 Rochester Rd.
Leonard, MI 48367
(248) 628-7180
www.addisontwp.michlibrary.org
“A library outranks any other one thing a community can do to benefit its people. It is a never failing spring in the desert.”
? Andrew Carnegie