The Peru Gazette

Pursuant to 10 NYCRR 2.61, I hereby issue the following determination, which includes findings of necessity, to support the face masking/covering requirements set forth below:

Findings of necessity:

The Centers for Disease Control and Prevention (CDC) has identified a concerning national trend of increasing circulation of the Delta COVID-19 variant, which is approximately twice as transmissible as the SARS-CoV-2 strain. Since early July, cases have risen 10-fold, and 95 percent of sequenced recent positives in New York State were the Delta variant.

Certain settings and areas (e.g., healthcare, schools, and public places located in CDC-identified areas of substantial or high community transmission) pose increased challenges and urgency for controlling the spread of this disease because of the vulnerable populations served, the disproportionate percentage of individuals (e.g., children) who are not yet eligible for the COVID-19 vaccination, and/or the substantial to high levels of community transmission.

The above findings demonstrate the necessity for the implementation of layered prevention strategies,which includes face-coverings/masks. COVID-19 spreads through respiratory droplets, and several studies have shown that appropriate face coverings/masks reduce the spray of droplets when worn correctly, fully covering one’s nose and mouth. Additionally, as noted by the CDC, multiple real-world studies have shown a substantial decrease in SARS-CoV-2 transmission, including:

• Mask use during an outbreak aboard the USS Theodore Roosevelt, a close, congregate environment, was associated with 70% decrease in risk of infection.
• A study from Thailand documented that those who reported mask use during high-risk exposures experienced a more than 70% reduced risk of acquiring the disease compared to those who did not report such mask use during high-risk exposures.
• A study in China demonstrated that mask use by both the index patient and family contacts before symptom onset reduced secondary transmission within households by 79%. Further, as also reported by the CDC, research supports that there are no significant health effects or changes in oxygen or carbon dioxide levels from mask wear. Accordingly, based on the foregoing findings of necessity, I hereby issue the following masking requirements: Face Covering/Masking Requirements11 NothinginthisdeterminationshallbeinterpretedasinconsistentwiththeAmericanswithDisabilitiesAct(ADA), workplace safety guidelines, or applicable federal regulations.

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1. Healthcare settings:
   1. Personnel: After careful review and consideration of CDC recommendations for face masks in healthcare settings regulated by the Department, I hereby adopt such recommendations, imposing them as requirements, where applicable. Accordingly, all personnel, regardless of vaccination status, in a healthcare setting (i.e., facilities or entities regulated under Articles 28, 36 and 40 of the Public Health Law) shall wear an appropriate face mask in accordance with applicable CDC exceptions, until this determination is modified or rescinded.
   2. Visitors to Healthcare Facilities: After careful review and consideration of CDC recommendations, all visitors over age two and able to medically tolerate a face-covering/mask shall be required to wear a face-covering/mask in health care facilities, regardless of vaccination status, subject to applicable CDC exceptions, and until this determination is modified or rescinded.
2. Adult care facilities (ACFs) regulated by the Department:
   1. Personnel: After careful review and consideration of the core principles for infection control to protect the health and safety of both fully vaccinated and unvaccinated residents, all ACF personnel, regardless of vaccination status, shall wear an appropriate face mask if providing direct medical care and at a minimum, a cloth face covering by other staff in such settings, in accordance with any applicable CDC exceptions, until this determination is modified or rescinded.
   2. Visitors: After careful review and consideration of CDC recommendations, unvaccinated visitors, who are over age two and able to medically tolerate a face-covering/mask shall be required to wear a face-covering/mask in such setting, subject to CDC exceptions, and until this determination is modified or rescinded.
3. P-12 school settings:

a. After careful review and consideration of CDC recommendations for face coverings/masks in

school settings, I hereby adopt such recommendations, imposing them as requirements, where applicable, until this determination is modified or rescinded2. Accordingly, universal masking of teachers, staff, students, and visitors to P-12 schools over age two and able to medically tolerate a face-covering/mask and regardless of vaccination status, is required until this determination is modified or rescinded. SuchrequirementissubjecttoapplicableCDC-recommended exceptions.

4. Correctional facilities and detention centers:
   1. Incarcerated/Detained Persons and Staff: After careful review and consideration of CDC recommendations for face coverings/masks, all incarcerated/detained Persons and staff shall wear an appropriate face-covering/mask when social distancing cannot be maintained, and in accordance with applicable CDC exceptions (e.g., eating and sleeping),until this determination is modified or rescinded.
   2. Visitors: After careful review and consideration of CDC recommendations for face coverings/masks in correctional facilities and detention centers, all visitors over age two and able to medically tolerate a face-covering/mask shall wear an appropriate face-covering/mask in accordance with applicable CDC exceptions until this determination is modified or rescinded. Correctional facilities and detention centers may impose their own policies for private visitation.
5. Homeless Shelters (including overnight emergency shelters, day shelters, and meal service providers):

a. After careful review and consideration of CDC recommendations, all clients, visitors, staff, and volunteers over age two and able to medically tolerate a face covering/mask shall wear an appropriate face mask/covering regardless of vaccination status when social distancing cannot be

2 GuidancefromAmericanAcademyofPediatricswasalsoreviewedwhenmakingfacecovering/masking determinationsin school settings, which is consistent with the above referenced CDC recommendations.

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maintained and in accordance with applicable CDC exceptions (e.g., eating and sleeping), until this determination is modified or rescinded.

6. Public Transportation Conveyances and at Transportation Hubs
a. After careful review and consideration of CDC recommendations for face coverings/masks on

public transportation conveyances and at transportation hubs, all persons, over age two and able to medically tolerate a face-covering/mask, regardless of vaccination status, shall wear an appropriate face-covering/mask while in indoor areas of conveyances or while indoors at transportation hubs, in accordance with applicable CDC exceptions, until this determination is modified or rescinded.

Updates to the above referenced CDC recommendations will not necessarily require issuance of a revised or modified determination. However,suchCDCrecommendationswillbecontinuouslymonitored by the Department, and updated determinations issued, as appropriate.