CDC Tightens Guidance For Masks On Planes, Public Transit

By Linda Chiem
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Law360 (October 19, 2020, 9:41 PM EDT) -- The U.S. Centers for Disease Control and Prevention on Monday strongly recommended that passengers and workers wear face masks on airplanes, trains, subways, buses and other modes of transportation in newly released guidance intended to curb the spread of COVID-19.

More than seven months into the coronavirus pandemic, the CDC issued interim guidance framed as a "strong recommendation" for wearing face masks while traveling on commercial or public transportation or through hubs like airports, rail stations and seaports.

The CDC's guidance isn't an outright federal mask mandate, which various health officials, transportation industry groups, labor unions and Democratic lawmakers have staunchly lobbied for, but which the Trump administration has refused to issue.

However, the guidance will bolster efforts by airlines, public transit and other transportation operators to enforce what have largely been voluntary corporate policies or state and local mandates requiring that face masks be worn.

The CDC said Monday its mask guidance should be followed by all passengers, workers or crew members on airplanes, ships, ferries, trains, subways, buses, taxis and ride-share vehicles and while at transportation locations such as airports, bus or ferry terminals, train stations and seaports.

"Broad and routine utilization of masks on our transportation systems will protect Americans and provide confidence that we can once again travel more safely even during this pandemic," the CDC said. "Therefore, CDC is providing this guidance to further support state and local health authorities, transportation partners, and conveyance operators who have implemented requirements for masks to support passenger and crew safety, maintain safe and operational transportation systems, mitigate further introduction and spread of COVID-19, and help safely reopen America's economy."

The CDC said people should wear masks when traveling into, within, or out of the United States on the various forms of transportation. And operators transporting people should refuse boarding to anyone not wearing a mask and require all people on board, whether passengers or employees, to wear masks for the duration of travel except in certain circumstances, the CDC said.

Some of those circumstances can include during brief periods while eating, drinking or taking medication; if the person is unconscious, incapacitated, unable to be awakened, or otherwise unable to remove the mask without assistance; and when it's necessary to temporarily remove the mask to verify a person's identity such as during Transportation Security Administration screening or when asked to do so by the ticket or gate agent or any law enforcement official, the CDC said.

Additionally, the CDC emphasized that children under the age of 2 should not wear masks.

Other people are also exempt from the CDC recommendation. They include a person with written instructions from a licensed medical provider to not wear a mask; a person with a disability, mental health condition, or sensory sensitivity that prevents that person from wearing a mask; a person who is hearing impaired, or communicating with someone who is hearing impaired, when the ability to see the mouth is essential for communication; a person for whom wearing a mask would create a risk to workplace health, safety, or job duty as determined by the relevant workplace safety guidelines or federal regulations; or a person operating or essential to operating a conveyance for whom wearing a mask would interfere with that person's ability to safely operate the conveyance.

The airlines, public transit and transportation labor unions have staunchly pushed for more hard-line rules concerning face coverings to reduce COVID-19 transmission and smooth out a patchwork of requirements and guidelines adopted by state and local governments, and businesses themselves.

Airlines for America, the industry trade organization representing the leading U.S. airlines, announced in late June that member carriers including Alaska Airlines, American Airlines, Delta Air Lines, Hawaiian Airlines, JetBlue Airways, Southwest Airlines and United Airlines would voluntarily require passengers to complete a simple health acknowledgment during the check-in process and wear face coverings at the airport, on the jet bridge and on board the aircraft.

House Democrats over the summer floated legislation requiring all passengers to wear face masks on flights and in airports in an effort to minimize transmission of COVID-19.

Instead of a mask mandate, the U.S. departments of Homeland Security, Transportation, and Health and Human Services issued joint guidance on July 2 laying out broad health safeguards for airline passengers, crews and other airport workers to minimize the spread of COVID-19, largely leaving it up to the airlines themselves to implement and enforce their own face mask requirements for their customers.

--Editing by Janice Carter Brown.

For a reprint of this article, please contact reprints@law360.com.

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