Public health and government officials across the country have implemented several measures to help minimize further transmission of COVID-19. One of these measures is to require individuals to wear face coverings while in public buildings and spaces, especially when proper social distancing is not possible.

While the State of Indiana has not implemented a statewide mandate for all Indiana residents to wear face coverings as part of Governor Holcomb’s Roadmap to Safely Reopen Indiana, four Indiana counties—Elkhart, Lagrange, Marion, and St. Joseph Counties—have done so.

Most recently, the Marion County Public Health Department issued Public Health Order 20-2020. The order is effective July 9, 2020 and requires individuals within Marion County to wear face coverings over their nose and mouth (1) while in an indoor place other than their own home, and (2) when outdoors in a situation where proper social distancing of at least six feet is not possible. 

The face covering requirement does not apply to several categories of individuals, such as children who are two-years-old or younger, individuals who cannot do so due to a health or medical concern, individuals who are seated at a restaurant, bar, or other establishment that serves food and/or drink, and individuals for whom wearing a face covering would present a risk to their safety while at work. The order makes clear, however, that all employees, visitors, and other individuals (except those who fall into one of the specific exceptions) must wear face coverings at all times while indoors at the workplace unless the individual is alone in a room at the workplace (such as in a personal office) or if wearing a face covering would present a workplace safety hazard. Businesses must ensure not only that their employees comply with this requirement, but also that all patrons and visitors of the business comply with the order.   

The order also reiterates the importance of continuing to adhere to additional safety precautions, including social distancing and practicing proper hygiene and sanitation. In addition, the order requires all businesses to adhere to CDC and OSHA guidelines, including those that are specific to the particular industry within which the business operates.

Businesses with facilities and office locations within Marion County should carefully read the order and implement policies and practices within the workplace to ensure that all employees, patrons, customers, and visitors comply with the requirements.

Other counties within Indiana, including Elkhart, Lagrange, and St. Joseph Counties, have also implemented similar face covering mandates. Monroe County has not issued an order requiring residents to wear face coverings, but it is requiring businesses to post signage requesting that patrons and visitors do so. The requirements of each are described in detail below.

Elkhart County

The Elkhart County Health Department issued its Face Covering Mandate, Public Health Order No. 01-2020, which requires residents to wear face coverings over their nose and mouth in the following areas:

1. Indoor areas open to the public, including public transportation.
2. Outdoor public areas where a distance of six feet from other individuals outside their household cannot be maintained.
3. Private indoor or outdoor areas where a distance of six feet from other individuals outside their household cannot be maintained.

The mandate exempts certain individuals from the face covering requirement; for example, children under the age of two, individuals who are unable to do so as a result of certain medical conditions, individuals whose religious beliefs prevent them from wearing a face covering, and patrons at a restaurant or bar while they are dining.

The mandate also requires businesses and employers to take certain steps to ensure compliance. First, all employers are required to amend their COVID-19 continued operations plans to require all employees and visitors to wear face coverings. Second, all businesses and employers must post the English and Spanish version of the poster (available at http://www.elkhartcountyhealth.org) at each entrance to the business. And third, all business and employers must continue to comply with Governor Holcomb’s orders.

Elkhart County’s face covering mandate became effective on June 30, 2020.

Lagrange County

The Lagrange County Health Department issued a press release on June 15, 2020 requiring residents, effective immediately, to wear face coverings over their nose and mouth in the same areas identified above with respect to the Elkhart County Mandate:

1. Indoor areas open to the public, including public transportation and van transports.
2. Outdoor public areas where a distance of six feet from other individuals outside their household cannot be maintained.
3. Private indoor or outdoor areas where a distance of six feet from other individuals outside their household cannot be maintained.

The press release did not include any additional requirements for businesses and employers, such as posting or notice requirements.

St. Joseph County

The St. Joseph County Department of Health recently extended its face covering mandate through September 7, 2020 (Public Health Orders 1-2020 and 2-2020). 

The mandate requires residents to wear face coverings over their nose and mouth when entering an enclosed public space or enclosed place of business, unless the individual has a medical exception indicating that a face covering is ill-advised for health reasons or the face covering would prevent the individual from delivering or receiving goods or services. The mandate also requires that the face covering be worn at all times when proper social distancing of at least six feet cannot be maintained.

Similar to the Lagrange County mandate, St. Joseph County did not place any additional requirements on businesses and employers.

Monroe County

Monroe County issued a Public Health Order requiring businesses post an 8×10-inch sign at their main entrances requesting that patrons and visitors wear face coverings while inside the business. The signage must be posted by July 8, 2020. In addition, the order “strongly recommends” the use of facial coverings when in public and unable to socially distance. 

If you own or operate a business within Elkhart, Lagrange, Marion, Monroe, and St. Joseph Counties, it is important that you implement these requirements and that you stay up-to-date on further developments from public officials in your communities. It is also likely that other Indiana counties will implement their own measures and mandates based on the number of COVID-19 cases and transmission rate in each respective county. 

If you have any questions about the mandates described above or about any further requirements specific to a particular location, please contact a member of Taft’s Evolving Workplace Task Force.

Please visit our COVID-19 Toolkit for all of Taft’s updates on the coronavirus.