On Friday July 24, 2020, Vermont Governor Scott signed Addendum 2 to Amended and Restated Executive Order 01-20, with the objective of strengthening Vermont’s mask and facial coverings policy. Back in late April of this year, the State had strongly encouraged Vermonters to use facial coverings when in the presence of others. Now, that recommendation will become a requirement.

Beginning August 1, 2020, masks or facial coverings will be required in Vermont public places, whether in indoor or outdoor settings, any time it is not possible to maintain a physical distance of at least six feet from others who are not part of each Vermonter’s household.

The requirement is not applicable for:

• Anyone engaged in strenuous exercise or activity;
• Children under the age of two;
• Anyone who has a medical or developmental condition that is worsened using a face covering; and
• Anyone who has trouble breathing.

Importantly, this Addendum states that those who decline to wear a mask or facial covering because of a medical or developmental issue, are not required to show evidence or documentation of such condition. Despite this, businesses can deny entry or service to people who do not to wear a mask or facial covering. In order to provide timely explanation to customers or clients, businesses and other entities may post a signage or implement other measures to notify their customers or clients of the new mask requirement and policy regarding denial of entry of those who decline to wear one. Back in May, the Vermont Agency of Commerce and Community Development published a poster that can be used to notify the public of a mask requirement and can be found here.

The Vermont Department of Health has posted frequently asked questions related to this new face mask requirement. The DOH further expands that masks or face coverings are not required for anyone who is unable to remove the face mask without assistance or for outdoor workers who are doing strenuous work that causes heavy breathing when it is hot outside. When not doing strenuous work, these workers should wear a mask or facial covering. In addition, it stipulates that people who have trouble breathing can wear a light-weight bandanna or cloth covering or a face shield. According to the Department, if the work environment or individual’s health does not allow an individual to wear a cloth face mask, wearing a face shield is better than having no barrier at all.

The full text of Addendum 2 to Amended and Restated Executive Order 01-20 can be found here.

In addition, the frequently asked questions related to face mask usage published by the Vermont Department of Health can be found here.