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Posted on: November 21, 2020

COVID-19 Mask Mandate & Business Compliance

Complaint Process for Websites

State and County Health Orders require: (1) each employee and contractor to wear a face mask while at work (subject to limited exceptions specified in the Orders and Utah Administrative Code R614-1-5.F); (2) each patron that enters the premises of the business to wear a face mask; (3) at least 6 feet of physical distance between separate household groups or separate parties within a restaurant/bar; and (4) posting of conspicuous signage at each entrance to the business that lists COVID-19 symptoms, asks employees and customers experiencing COVID-19 symptoms to stay home and provides notice of face mask and physical distancing requirements [NOTE: Posting signs which can invite violation of the Health Orders are not permitted (i.e. “No Mask, No Ask” or similar)].

Failure to follow any of the above could result in the closure of the business, a $10,000 penalty assessed against the business, denial or revocation of a business license, or the filing of criminal charges against the business’ managers and employees.

NOTE: A private business CAN legally refuse service to anyone who poses a health concern to the business or the customers, or creates a hostile environment. This includes enforcing a mask mandate during a global pandemic where infection spreads via airborne particles. 

To ensure compliance, on November 9, 2020, the Utah Labor Commission passed an emergency administrative rule effective for 120 days (unless amended/extended) that permits a citizen to file a complaint with the State against non-compliant businesses. The Labor Commission’s authority is limited to investigation and penalization of employee mask compliance (not patron). 

If a citizen witnesses violations of the State and County Health Orders, the County encourages the citizen to first file a complaint with the Labor Commission at: https://secure.laborcommission.utah.gov/uosh_complaint.html.

The citizen may also file a complaint with the County here.

NOTE: Through 12/31/2020, the County is deferring to the Utah Labor Commission’s complaint process. However, should the Labor Commission process fail to effectively and efficiently increase compliance with local businesses, the County will revisit enforcement procedures, including civil and criminal penalties for both the entity AND employees.

Additional information can be found on the SEUHD website or coronavirus.utah.gov.

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