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Labor committee advances bill protecting workers' right to wear face coverings
Summary
AB 596 would codify a worker's right to wear a face covering at work unless it creates a direct safety hazard. The measure passed to Appropriations following support from labor and health organizations and narrowly framed opposition from business groups seeking feasible exemptions for specific job tasks.
An Assemblymember identified in committee as the bill author presented AB 596 on March 19, describing the measure as a step to preserve workers' ability to wear masks or respirators at work unless doing so would create a direct safety hazard.
"AB 596 will codify this protection into law, ensuring that no employer may prohibit an employee from wearing a mask or a respirator unless it creates a direct safety hazard," the author said. The author framed the bill as preserving an existing right that had been part of Cal/OSHA COVID-19 workplace guidance and said the measure imposes no new costs on employers.
Labor and health organizations — including the Orange County Employees Association, California Federation of Labor Unions, California Nurses Association, and California School Employees Association — testified in support. Tim Steed of the Orange County Employees Association said that members want the option to wear masks for many reasons including protecting an immunocompromised household member or reducing wildfire smoke exposure. "Any one of those reasons are reason enough for a worker to wanna wear a mask at work without employer interference," Steed said.
Opponents included the California Chamber of Commerce, which said it "respectfully and very narrowly" opposed the bill and asked for a narrow feasibility exemption where masks make specific job duties impracticable. Robert Moochrie told the committee that prior Cal/OSHA rules had narrow exceptions for moments when a mask would make a specific task infeasible, and asked the author to work with business groups to add similar language.
Committee members acknowledged those concerns and the author said she would continue to work with stakeholders to refine the bill. The committee voted to pass AB 596 to the Appropriations Committee.
