Bill BL2020-285 (as amended)
An ordinance requiring employees of essential businesses interfacing with the public to wear appropriate face coverings.
WHEREAS, the Amended and Restated Order No. 3 of the Metropolitan Director of Health dated April 1, 2020, the “Safer at Home Order” (hereinafter, the “Order”), requires all businesses not performing essential services to close their business facilities in order to help reduce the spread of COVID-19, but does allow certain enumerated essential businesses to continue operating; and
WHEREAS, Section 6 of the Order provides that essential services shall continue to adhere to Center for Disease Control (CDC) guidance on social distancing and hand hygiene, but the Order does not address face coverings; and
WHEREAS, the CDC guidance dated April 3, 2020, recommends wearing cloth face coverings in public settings where other social distancing measures are difficult to maintain (e.g., grocery stores and pharmacies); and
WHEREAS, in the interest of public health, safety, and welfare, it is appropriate that cloth face coverings be required for all businesses providing essential services to the public and at all construction sites for so long as the Order is in effect.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. All employees of businesses allowed to operate under an order of the Metropolitan Director of Health shall wear a cloth face covering whenever such employees have face-to-face contact with the public, except when wearing a mask would be contrary to the health or safety of the employees due to a medical condition. Further, cloth face coverings shall be worn by all workers at construction sites when more than one worker is present. However, an employee is not required to wear a cloth mask at any time when they are required to wear another type of mask under Occupational Safety and Health Administration (OSHA) guidelines or comparable regulations. Cloth face coverings required by this ordinance shall comply with guidance from the Centers for Disease Control and Protection, including the following:
• fit snugly but comfortably against the side of the face
• be secured with ties or ear loops
• include multiple layers of fabric
• allow for breathing without restriction
• be able to be laundered and machine dried without damage or change to shape
This requirement shall remain in effect for as long as the Director of Health determines it to be appropriate to reduce the spread of COVID-19. If the Director of Health determines the requirements of this ordinance are no longer appropriate, he shall notify the Metropolitan Council in writing, at which time the provisions of this ordinance shall cease to be in effect.
Section 2. The Metropolitan Department of Health shall be empowered to enforce this ordinance. For violations of the ordinance, enforcement action is to be taken against the business ownership or management, and not the individual employees. For violations of the ordinance at a construction site, enforcement action is to be taken only against the employee's direct employer, whether construction company or subcontractor.
Section 3. This Ordinance may be extended or otherwise amended by a resolution adopted by the Metropolitan Council.
Section 4. This ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.
Joy Styles, Kyonzté Toombs, Sharon Hurt, Mary Carolyn Roberts, Zulfat Suara, Emily Benedict, Tanaka Vercher, Nancy VanReece, Russ Bradford, Jennifer Gamble, Ginny Welsch
IntroducedApril 21, 2020
Passed First ReadingApril 21, 2020
Referred toHealth, Hospitals, and Social Services Committee
Deferred to May 19, 2020May 5, 2020
AmendedMay 19, 2020
Deferred to June 2, 2020May 19, 2020
Passed Second ReadingJune 2, 2020
Deferred to July 7, 2020June 16, 2020
Amended and Passed Third ReadingJuly 7, 2020
ApprovedJuly 8, 2020
Requests for ADA accommodation should be directed to the Metropolitan Clerk at 615-862-6770.
Last Modified: 07/10/2020 2:38 PM