Tucson, Arizona 2021-08-04 22:51:50 –
Tucson, Arizona (KGUN) — The ban on mandatory masks creates a real dilemma for employers. They run the risk of having to choose between breaking Arizona law or federal law.
The boss has a duty to keep the workers safe.Ask your employer People intertwined with OSHA.. But what do you do when you think a mask is part of protecting your workers, but the state says you can’t request a mask?
In the tug of war around the mask, the employer is caught in the middle.
School district leaders balance between parents, students, and teachers who feel that the rules of the mask protect them, and parents, students, and teachers who feel that the mask imposes freedom and is somehow harmful. Must be taken.
Employment Law Attorney Ivelisse Bonilla State law prohibiting Mask’s obligations says it clashes with long-standing federal law that says bosses must maintain a safe workplace.
“I think there are some arguments in the district that its (state) law is unconstitutional. For example, federal law mandates the protection of employees, and state law supersedes federal law. Will be. “
There is a statement in state law that it takes precedence over other laws, Constitutional Supremacy Clause Federal law is said to take precedence over state law.
Matt Heinz, Pima County Supervisor, is a doctor and former state legislator. He argues that other sections of state law give the county health director full power to demand protection such as mask mandates.
However, Governor Ducey’s office says the law on Mask’s obligations is clear and the governor expects it to be followed.
There is other debate as to whether masks really improve safety. From a legal point of view, Bonilla says that the CDC remains the best authority for employers and recommends masks indoors.
Bonilla said that if the school district does not require a mask and someone captures and sue the COVID, state law prohibiting the obligation to mask may provide some liability protection.
“If the governor and the state legislature enact legislature, I find it difficult for anyone to oppose the district in the argument that you are not protecting me.”
But in the end, she hopes that conflicting laws will lead to a proceeding seeking the court to resolve the debate.
Employers caught in mask mandate tug of war Source link Employers caught in mask mandate tug of war