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North Dakota - Mandatory Face Coverings and Business Obligations

On November 13, 2020, the North Dakota Department of Health’s State Health Officer signed Order #2020-08 mandating face coverings in:

  • Indoor businesses and indoor public settings; and
  • Outdoor business and public settings when it is not possible to maintain physical distancing.

The face covering mandate applies to all workers, patrons, customers, visitors, or guests but exempts the following:

  • Individuals with a medical condition, mental health condition, or disability that makes it unreasonable for them to maintain a face covering.
  • Individuals at their workplace when wearing a face covering would create a job hazard, as determined by local, state or federal regulators or workplace safety and health standards and guidelines.

Businesses must post one or more signs that are visible to all persons – including workers, customers, and visitors – instructing them to wear face coverings.

Businesses must also:

  • Require that all persons, including their workers, customers, and visitors, wear face coverings.
  • When possible, provide accommodations to persons, including their workers and customers, who state they have a medical condition, mental health condition, or disability that makes it unreasonable for them to maintain a face covering, such as permitting use of an alternate form of face covering (for instance, a face shield) or providing service options that do not require a customer to enter the business.
  • Not require customers to provide proof of a medical condition mental health condition, or disability, or require customers to explain the nature of their conditions or disability.
  • Follow the requirements of other applicable laws with respect to whether a business may require a worker to provide documentation of a medical condition, mental health condition, or disability related to their inability to wear a face covering and what the business may ask regarding the condition or disability.
  • Not enforce this requirement when it is unsafe to do so. The order does not authorize businesses to restrain, assault, or physically remove workers or customers who refuse to comply.
  • Not violate other laws, including anti-discrimination laws.

The order is effective November 14, 2020 through December 14, 2020.