On July 16, 2020, Colorado Governor Jared Polis issued an Executive Order requiring masks to be worn in all public indoor spaces, with limited exceptions. Executive Order D 2020 138 went into effect at midnight on July 16 and remains in effect for 30 days unless extended. It mandates that individuals wear masks “when entering or moving within any Public Indoor Space.” Many employers had questions about the scope and reach of this requirement and in particular how it applies in office environments with conference rooms and cubicles.
In a letter to Colorado’s business leaders dated July 22, 2020, Governor Polis appeared to address these questions. He first confirmed that one of the reasons he issued the statewide mask order was to mitigate the spread of COVID-19 in office settings where the risk of transmission may be heightened because you cannot open the windows or there may be older air circulation systems.

In his letter, Governor Polis referred specifically to a FAQ document published on the Colorado Department of Public Health and Environment (CDPHE) website for further clarification on when masks should be worn in the office. According to the FAQ:

  1. You must wear a mask in common areas like hallways, elevators, or breakrooms.
  2. You must wear your mask when sitting in a cubicle, even if the cubicles are physically distanced.
  3. Plexiglass barriers may not be used as a substitute for masks.
  4. If there is only one person in a room with the door closed, you may remove your mask.  If someone enters the room, you must put your mask on.

CDPHE justifies the application of the statewide mask order in office environments because Colorado has recently experienced outbreaks in indoor, office-based settings. Colorado employers are continuing to be encouraged to prioritize work from home.

Contact us

If you have further questions or require more information regarding this update, please contact, Barb Grandjean, Chris Ottele, Ashley Jordaan, Sonia Anderson, Stacey Bowman or your Husch Blackwell attorney.

Comprehensive CARES Act and COVID-19 guidance

Husch Blackwell’s CARES Act resource team helps clients identify available assistance using industry-specific updates on changing agency rulemakings. Our COVID-19 response team provides clients with an online legal Toolkit to address challenges presented by the coronavirus outbreak, including rapidly changing orders on a state-by-state basis. Contact these legal teams or your Husch Blackwell attorney to plan a way through and beyond the pandemic.

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Photo of Priscilla Murray Priscilla Murray

Healthcare, life sciences and higher education attorneys depend on Priscilla’s 20 plus years of client development and marketing experience to build relationships with existing clients and prospects. She works closely with leadership to develop and support the strategic plans of the Strategic Business…

Healthcare, life sciences and higher education attorneys depend on Priscilla’s 20 plus years of client development and marketing experience to build relationships with existing clients and prospects. She works closely with leadership to develop and support the strategic plans of the Strategic Business Unit to implement nationwide business development goals for practice service groups and initiatives. Priscilla is GrowthPlay coaching and coach-in-residence certified.

Photo of Stacey Bowman Stacey Bowman

Stacey defends companies and healthcare facilities in litigation involving a wide variety of claims, including discrimination and related employment claims, claims of sham or unfair professional review actions, and restrictive covenant disputes.

Photo of Barbara Grandjean Barbara Grandjean

Barb represents employers and employees inside and outside the courtroom. She frequently consults with employers regarding workplace issues, such as hiring, discipline and terminations, privacy and social media matters, medical and non-medical leave matters, reductions in force, executive employment, wage and hour matters…

Barb represents employers and employees inside and outside the courtroom. She frequently consults with employers regarding workplace issues, such as hiring, discipline and terminations, privacy and social media matters, medical and non-medical leave matters, reductions in force, executive employment, wage and hour matters, and employment handbooks, policies and training

Photo of Chris Ottele Chris Ottele

With extensive experience in the food and brewing industries, Chris helps employers to solve the full range of employment issues and disputes. Chris practices in all areas of employment law, but has particular experience on trade secrets, noncompetes, wage and hour, and wrongful

With extensive experience in the food and brewing industries, Chris helps employers to solve the full range of employment issues and disputes. Chris practices in all areas of employment law, but has particular experience on trade secrets, noncompetes, wage and hour, and wrongful termination.