When do you have to wear a mask? What can you do if a customer is not wearing a mask? This articles explains what the current NSW Government requirements are concerning customers and face masks.
When do customers legally have to wear a mask?
The NSW Government requirements concerning the recent COVID-19 outbreak state that individuals must wear a mask when they are visiting any non-residential premises. Furthermore, any person that is at a non-residential premises in NSW is required to wear a face mask. A non-residential premises can include any shop, shopping mall, grocery store or indoor public area not classed as a residential dwelling. Thus, all customers must wear masks. Furthermore, in NSW (Greater Sydney Area) individuals and customers must wear masks when attending the following locations:
- When using public transport
- All indoor entertainment areas (cinemas, etc.)
- Shopping malls and grocery stores
- Bank branches and post offices
- Beauticians
- Gaming areas and betting agencies
- Major recreation facilities
- Inside any airport and on commercial domestic flights
- Non-residential indoor areas – including when travelling in a vehicle with a person you do not live with, or indoor areas on common property (e.g. common areas in apartment buildings)
- Any outside public area in the following local government areas: Blacktown, Campbelltown, Canterbury, Bankstown, Cumberland, Fairfield, Georges River, Liverpool and Parramatta.
As a result, these sorts of businesses are feeling the pressure to ensure their stores and customers are COVID-safe, leading to questions of legal liability when a customer does not wear a mask. It’s important to note that not wearing a mask in one the above settings attracts a $200 fine. You can call crime stoppers on 1800 333 000 or the NSW Police to report a member of the public who is not wearing a mask.
Exceptions to wearing a mask
There are a few notable lawful reasons for not wearing a mask. For example:
- Any child under 12 is exempt from, but encouraged to wear a mask.
- Children under the age of 2 should not wear mask (it can be a choking hazard).
- If you have a physical or mental health illness that makes wearing a mask difficult you are not required to wear a mask.
You may remove a mask if:
- You are talking to someone that is hard of hearing
- If you are eating or drinking
- If you are asked to remove your mask for identification
Click here for more information from the NSW government on mask requirements.
What should you (as a business) do about mask requirements?
Customers
Businesses should take reasonable steps to ensure customers are wearing a mask. However, the individual not wearing a mask will be fined directly.
Following the advice from NSW Health, businesses should have adequate signage around their premises advising customers on the mandatory mask requirements. Customers should be informed that entrance into the venue means compliance with this regulation. This could be through the sign or an employee ensuring all customers are wearing masks and sanitising. It could also include having face masks available for customers at the entrance to your store/venue.
Despite not being directly liable for the customer not wearing a mask, it is important to still enforce the regulations. For example, if customers aren’t wearing a mask because they simply forgot, politely remind them to put one on. If you have extras in the store, providing the customer with a mask would also be helpful.
Employees in hospitality venues
If you are a business in any of these hospitality settings (indoor or outdoor), all employees must be wearing masks. It is important for this reason to ensure all employees are aware of the legal requirements, provided with masks, and are wearing them at all times throughout their shifts.
For more clarification, contact one of our lawyers here.
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What to do if a customer is refusing to wear a mask
1. No mask = no entry
As a private business, you can refuse entry to a customer refusing to wear a mask. For many businesses, occupational health and safety responsibilities during COVID-19 have often meant the regulation of mandatory masks. As private businesses, they can mandate this. Just as a nightclub is able to mandate a dress code. This may be a good option for your business, if a customer is refusing to wear a mask for no adequate reason.
2. Don’t let the discussion become heated or violent
Make sure the discussion does not become heated or violent. This could make your business more vulnerable to discrimination lawsuits. In saying this, it is important to keep in mind discriminatory behaviour. If the customer has a legitimate reason for not wearing the mask (religion, disability, age…) then do not force it.
If the customer does not have a valid reason, provide your reasons for the refusal of entry. Refer to the federal or state regulations to keep the discussion informative, calm and orderly.
3. Provide alternative arrangements
It could be as easy as suggesting the customer shops online, or places their order over the phone. By reminding customers of these alternative, and COVID safe options, the discussion remains productive for both parties.
4. Ensure the customer is physically distancing
Remind employees and customers to remain physically distanced at all times – especially from the person without the mask. Verbal cues and signs will do the job.
5. Call the police
If the customer refuses to wear a mask, and refuses to leave your store, call the police. The current NSW regulations state that this act is illegal, and the individual will be issued with a $200 on the spot fine.
Conclusion
With regulations changing all the time, and differing between states, it is important to stay on top of your responsibilities as a business owner or customer. If a customer refuses to wear a mask, inform them of the requirements or refuse their entry to your store/venue. Whilst currently you will not be held liable for their actions, it is still your responsibility to ensure a safe environment for workers and patrons.
With the vaccine beginning roll out over the next few months, business owners will be struggling with new COVID related legal issues. To find our legal guide on whether your workplace can mandate the vaccine, click here.
For more information or clarification on any of the issues raised in this article, contact one of our lawyers.
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