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Please refer to the decision of the Commissioner of Health on December 10, 2021 on indoor sheltering under 10 NYCRR 2.60.
What are the new requirements?
On December 10, 2021, Governor Kathy Hochul announced that unless companies or places implement vaccination requirements, all indoor public places must wear masks. This major action in response to the winter surge was taken at a time when the number of COVID-19 cases and hospitalizations increased across the state, and was in line with CDC's recommendations for large and high-spread communities. The State Health Commissioner issued a decision to consolidate this requirement.
Does this mean that the vaccine does not work?
No! The State Department has published leading national studies in the CDC's MMWR and the New England Journal of Medicine, which demonstrate the effectiveness of the COVID-19 vaccine—especially in preventing serious diseases. The department continues to urge eligible New Yorkers of all ages to get vaccinated as soon as possible and step up vaccinations.
So why should the country implement the new requirements?
When more time is spent indoors shopping, gatherings and visiting holiday-themed destinations, the new measures bring more mitigation measures. Since Thanksgiving, the statewide 7-day average case rate has increased by 43%, and the number of hospitalizations has increased by 29%. Although the proportion of New Yorkers who are fully vaccinated continues to increase—from the Thanksgiving weekend to the present, it has increased by 2%—but the rate of increase is not enough to completely contain the spread of the virus, especially in communities with low vaccination coverage. .
When will the new requirements take effect?
The new requirements will take effect from Monday, December 13, 2021 to 12:01 a.m. on January 15, 2022, at which time New York State will reassess the next steps.
Does the new requirement (adopted by the Commissioner's decision on December 10) replace the previous requirement for indoor sheltering (by the Commissioner's decision on August 27)?
Yes. This decision supersedes the August 27, 2021 decision, which requires masks to be worn in certain environments (such as healthcare environments, schools, correctional facilities, and when in public transportation or transportation hubs). These settings are still included in the current masking decision.
You can read the State Health Commissioner's decision letter of December 10, 2021.
How is "indoor public places" defined, and what types of enterprises and places are covered by this requirement?
Indoor public spaces are defined as the indoor spaces of any non-private residence. This means that businesses and places that New Yorkers usually frequent are either publicly owned or owned by private corporate entities. This includes indoor entertainment venues, concert halls, indoor stadiums, leisure spaces, restaurants, office buildings, shopping malls, grocery stores, pharmacies, churches, and public areas of residential buildings.
Does this policy apply to office premises?
Yes, this requirement applies to all non-private residences, including office space. If the office does not require the vaccination certificate as a condition of entry, everyone must wear a mask at all times, regardless of whether they are vaccinated or not, unless they are eating, drinking, or alone in a closed room.
What about companies covered by the NY HERO Act?
Employers must continue to comply with the New York State Health and Fundamental Rights Act (NY HERO ACT), which protects private sector employees from outbreaks of airborne infectious diseases by requiring employers to ensure that employees wear appropriate masks in accordance with the guidance of the Department of Health. In order to comply with the New York Heroes Act, the Commissioner’s decision constitutes the Ministry of Health’s guidance on face masks, which means that employers must ensure that their employees comply with mask requirements or require vaccination certificates as a condition for entering the business.
If eating and drinking are part of my business or venue facilities, and I have a mask requirement, what should I do when guests eat and drink?
Customers of your organization can only take off their masks when actively eating or drinking. At this time, it is strongly recommended to take appropriate social distancing measures, proper air ventilation and filtration methods. You should wear a mask in all other situations except diet.
What if I eat and drink in a restaurant or bar?
If a company or site does not require proof of full vaccination, all employees and customers must always wear masks, regardless of the vaccination status, unless eating or drinking is required.
How about private events held in public indoor spaces, such as weddings held in restaurants or venues?
Does not include private residences. However, for private events held indoors in companies or venues—for example, weddings held in privately owned restaurants or venues—corporate entities/venues must require masks or provide vaccination certificates as entry conditions.
What are the specific requirements?
Anyone who has passed his second birthday and can tolerate a face mask medically, regardless of the vaccination situation, must wear an appropriate mask in any indoor place. However, companies and sites can choose to implement vaccination requirements and require a vaccination certificate as a condition for entering the company or site. Regardless of which requirement you choose, it must apply to everyone within the capabilities of the company/location, including employees, customers, visitors, and guests. Companies and sites cannot make "combined" requirements. Please see the details of each required option below:
Commercial/site proof of vaccination requirements
Companies and establishments that implement vaccination certification requirements must ensure that anyone 12 years of age or older is vaccinated before entering the room. Businesses/locations can accept Excelsior Pass, Excelsior Pass Plus, SMART health cards issued outside of New York State, full vaccination through the NYC COVID Safe app, CDC vaccination cards or other official immunization records.
According to the CDC's definition, complete vaccination is defined as 14 days after the individual's last vaccination in their initial vaccine series (14 days after the second injection of two doses of Pfizer BioNTech or Moderna vaccine; 14 days after one injection) Janssen/Johnson vaccine). New York State also accepts vaccines approved by the WHO for these purposes. Parents and guardians can retrieve and store Excelsior Pass and/or Excelsior Pass Plus for children or minors under legal custody.
Vaccines for children aged 5-11 years will be available from November 2021. Therefore, in order to enter the enterprise or place that implements the vaccination requirement certification, children aged 5-11 only need to show proof that they have received at least one dose of COVID-19 vaccination.
The vaccine will be provided to children aged 16-17 from April 2021, and the vaccine will be provided to children aged 12-15 from May 2021. At the time of determination, 63% of the 12-17 year-old age group in NSW had been fully vaccinated. York State.
Companies and places that implement mask requirements must ensure that all customers are over 2 years old and can tolerate face masks medically, and wear masks at all times indoors and outside of eating and drinking.
Can companies or places "mix and match"? For example, can companies or establishments allow fully vaccinated customers not to wear masks in the same indoor facility, but non-vaccinated or partially vaccinated customers to wear masks? When everyone in the facility is fully vaccinated, customers are allowed to not wear a mask, but what about requiring everyone in the facility to wear a mask when unvaccinated or partially vaccinated people enter?
Can not. Companies or sites must choose whether to implement full vaccine requirements or mask requirements, which apply to customers and employees, and then must be fully complied with throughout the facility every day.
Under the guidance of the Federal Centers for Disease Control and Prevention, individuals who have not been vaccinated, including those who have received medical exemptions, continue to be responsible for wearing masks. In addition, according to CDC guidelines, New York State’s requirements for masks for pre-kindergarten through 12th grade schools, public transportation, homeless shelters, correctional facilities, nursing homes, medical care, childcare, group homes, and other sensitive environments continue to be effective .
New York State and the State Department of Health continue to strongly recommend wearing masks as an additional layer of protection in all public indoor environments, even when they are not needed. Children aged 2-5 who are still not eligible for vaccination must wear suitable masks.
I run a food service business (for example, a restaurant or bar) and currently have outdoor, enclosed or semi-enclosed spaces. For these spaces, do I need to follow the same requirements as the indoor public spaces of my institution?
Food service companies operating in two or more outdoor, enclosed or semi-enclosed spaces must implement the same requirements in their indoor and outdoor, enclosed or semi-enclosed spaces. This means that indoor and outdoor, enclosed or semi-enclosed spaces, there are proof of vaccination requirements or mask requirements for the whole process.
Outdoor dining spaces with temporary or fixed coverings (for example, awnings or roofs) and at least two open side ventilation do not need to follow the same requirements as restaurant indoor spaces. It is strongly recommended that customers wear a mask unless the customer is actively eating or drinking, but it is not required. It is also strongly recommended to take appropriate social distancing measures.
The food service business I run (such as a restaurant or bar) has open, non-enclosed spaces (for example, no roof, covering two or fewer sides). Are there requirements for these spaces?
In this case, it is strongly recommended that the customer wear a mask unless the customer is actively eating or drinking, but it is not necessary. It is also strongly recommended to take appropriate social distancing measures.
If eating and drinking are part of my business or venue facilities, and I have a mask requirement, what should I do when guests eat and drink?
Customers of your organization can only take off their masks when actively eating or drinking. At this time, it is strongly recommended to take appropriate social distancing measures, proper air ventilation and filtration methods. You should wear a mask in all other situations except diet.
What if I eat and drink in a restaurant or bar?
If a company or site does not require proof of full vaccination, all employees and customers must always wear masks, regardless of the vaccination status, unless eating or drinking is required.
How about private events held in public indoor spaces, such as weddings held in restaurants or venues?
Does not include private residences. However, for private events held indoors in companies or venues—for example, weddings held in privately owned restaurants or venues—corporate entities/venues must require masks or provide vaccination certificates as entry conditions.
How does the new policy apply to salons and other personal care companies that provide services that require customers to remove their masks (such as facial care, beard trimming, upper lip waxing)?
Given the nature of these services, salons and other personal care companies are strongly encouraged to implement New York State’s vaccination certification requirements. However, companies that have not implemented such requirements may allow customers to temporarily remove their masks when receiving such services, provided that the guests wear masks before and after receiving such services and at all other times in the facility. Employees performing these services must wear masks at all times.
Individuals who receive services that do not require removal of their masks (such as haircuts) must always wear masks unless the company implements proof of vaccination requirements.
I run TV or film production in New York State. If my entire crew has not been fully vaccinated before December 13, does everyone have to wear a mask during live broadcast or filming?
New York State’s new requirements apply to all indoor public places in all areas of New York State. The New York State Governor’s Office of Film and Television Development, in consultation with the New York State Department of Health, formulated the following guidelines for television and film production and broadcasting in response to the Commissioner’s decision:
Effective from Monday, December 13, 2021 to Sunday, December 26, 2021, TV and film productions that do not implement vaccination requirements for everyone must ensure that their operations comply with the following regulations:
My area has already imposed COVID-19 requirements on businesses and establishments? What requirements do I have to follow now-New York State or local?
New York State’s new requirements apply to all indoor public places in all areas of New York State. Companies/sites that need to comply with local masking certificates or vaccination requirements must continue to comply with such policies, while also complying with the commissioner’s decision. This means that all customers and employees in the organization must be fully vaccinated or wear masks.
I operate a business or premises in New York City and have participated in the "Keys of New York City" program. What do New York State’s new requirements mean for my business or premises?
New York State’s new requirements apply to all indoor public places in all areas of New York State, including businesses and places in New York City. This means that all customers and employees in the organization must be fully vaccinated or wear masks.
The "Key to New York City" program currently requires companies and establishments to ensure that at least one dose of the COVID-19 vaccine is provided for entry. Since New York State’s current minimum requirement is full vaccination, if a New York City company or site wants to accept some vaccinated customers, the company or site must require all customers and employees to wear masks in the site.
Until December 27, when the "Critical New York City" program requirements were updated to require individuals to be fully vaccinated (rather than just providing proof of a dose of vaccine), New York City businesses and locations can:
How will these requirements be implemented?
We expect New Yorkers to understand the importance of complying with this requirement as we enter this holiday season when cases are expected to surge. Enforcement will be carried out by the local health department, and the maximum civil fine is $1,000.
Who can receive fines, businesses or establishments, or individuals who violate the requirements?
According to regulations, an individual or business/site entity that violates the decision can be fined up to $1,000 for each violation. The local health department can enforce these requirements.
What is considered to be fully vaccinated?
According to the CDC's definition of complete vaccination, full vaccination is defined as 14 days after an individual is given the last vaccination in their initial vaccine series. This means that a person is 14 days after the second injection of two doses of Pfizer-BioNTech or Moderna COVID-19 vaccine, or 14 days after one injection of Janssen/Johnson & Johnson COVID-19 vaccine.
What about individuals outside the United States who have been fully vaccinated with a COVID-19 vaccine that has not been approved or authorized by the FDA?
According to CDC guidelines, New York State also accepts vaccines approved by the WHO for these purposes.
What about booster and/or extra doses?
Although it is strongly recommended that all eligible New Yorkers use booster and/or additional doses of COVID-19, it is currently not required when entering businesses with proof of vaccination requirements. This is consistent with the CDC's definition of complete vaccination. For more information on boosters and additional doses, please visit ny.gov/boosters.
New York State has created resources to support New York businesses and venues in communicating new requirements to their customers. According to the options selected by the company or site, the following materials can be displayed in your company or site: full vaccination certificate or mask requirements.
December 13, 2021: This poster can be printed and displayed by companies that require masks.
December 13, 2021: Companies that require a vaccination certificate can print and display this poster.